Work and rest time Compensation Labor protection

Work and rest time. Compensation. Labor protection. • 1. Working hours. • Working hours can be of a normal duration, reduced duration and incomplete. The normal duration of working hours shouldn't exceed 40 hours per week. In labor, collective agreements smaller duration of working hours with payment as for normal duration of working hours can be provided.

Rest time • Types of rest time are: • 1) breaks during the working day (shift) — a break for rest and food intake; inside shift and special breaks; • 2) daily (between shifts) rest; • 3) the days off (weekly continuous rest); • 4) holidays; • 5) holidays/leave

The following types of holidays are provided to workers: • 1) paid annual labor holidays; • 2) social holidays.

A paid annual labor holiday is intended for rest of a worker, restoration of working capacity, strengthening of health and other personal needs of the worker and it is provided for the term of not less than 24 calendar days with preservation of a place of work (position) and an average salary.

A social holiday is understood as release of a worker from work for a certain period with a purpose of creating an enabling environment for motherhood, care of children, getting education without giving up work and for other social purposes.

The following types of social holidays are provided to workers: • 1) holiday without salary preservation; • 2) educational holiday; • 3) holidays in connection with the birth of the child (children), adoption (adoption) of the newborn child (children).

3. Compensation. • Salary is a compensation for work depending on qualification of a worker, complexity, quantity, quality and conditions of a performed work, and also payment of compensatory and stimulating character. (Minimum salary in 2003 was 5000 tenge, in 2004 - 6600 tenge, in 2005 - 9200 tenge, in 2007 - 10250 tenge).

Labor protection • 1. The state with the help of authorized bodies establishes the requirements on the basis of scientifically reasonable standards, rules and norms which are necessary for ensuring of safe work at a factory. The duty is assigned to employers to provide at enterprises performance of the established standards, rules and norms, and also the obligations provided by collective agreements, development of instructions on labor protection which should provide the right to protection of life and health of working people not below provided by standards, rules and norms.

Labor protection • 2. Depending on working • 3. Standards, rules and conditions workers are norms on labor protection given at the expense of the provide restrictions of use employer special clothes of work of women and footwear and other persons who are younger means of individual than eighteen years, in protection washing and particular, at works with disinfectant materials, milk, harmful (especially a treatment-andharmful) and dangerous prophylactic food which are (especially dangerous) not lower than the norms working conditions, and established by state also at works connected authorities and on the basis with lifting and moving of of the collective agreement. weight manually.

Labor protection • 4. All women, and also persons who are younger than eighteen years are employed only after preliminary medical examination, and further before achievement by women of age of 45 years, and minors - 18 years. The workers occupied at works, connected with special danger, should pass physical examination before their shift. At worker’s evasion from passing of medical examinations he isn't allowed to work. • 5. At employment with harmful and dangerous working conditions the employer is obliged to warn a worker about the most probable term of emergence of occupational disease. The employer must insure the workers against accidents and occupational diseases.

Labor protection • 6. The employer is obliged to train, instruct, examine and certify all workers concerning labor protection. The workers who were not trained, instructed and examined on labor protection, aren't allowed to work. • • • 7. An important guarantee of observance of norms on labor protection is supervision and control implementation from the state and public organizations. At violation of the law about the labor protection revealed by bodies of supervision and control, the penalty is imposed on the employer. The officials guilty in violation of legislative and other regulations about labor protection or preventing the activity of bodies of supervision and control, are involved in administrative, disciplinary, material or criminal liability. In case of causing to the worker of a damage owing to hurt or occupational disease because of the employer, the employer is obliged to compensate a loss additional expenses on treatment and other types of the medical and social care.

Labor dispute • Labor dispute is disagreements between the worker and the employer concerning application of the legislation about labor, performance of conditions of the individual labor and collective contracts, not settled early between the employee and the employer. • Various factors can be the bases of emergence of labor disputes: objective and subjective character. Factors of objective character follow from a social and economic situation in the republic, caused by transition to market economy, and subjective character - from insufficiency of knowledge of the labor legislation or deliberate violation of standards of the law.

Labor disputes • Disputes can be resolved by the parties during negotiations by selection of the optimum decision for both parties. The legislation provides an order of solution of labor disputes in cases if the parties didn't come to a consensus or didn't wish to resolve it by negotiations. • Labor disputes can be classified on the various bases: on subjective structure, on nature (subject) of dispute, on jurisdiction of their consideration. • On subjective structure labor disputes are divided into individual and collective.

Labor disputes • On character (subject) labor disputes can be claim or not claim. Claim individual labor disputes are disputes arising in connection with default by it inadequate execution of contracts of working conditions. Not claim can be both individual labor disputes, and collective disputes which are connected with establishment of new working conditions or change of the established ones. • On jurisdiction of consideration labor disputes are divided into considered in the general order and in a special order. The general order of consideration of disputes provides consideration of dispute by conciliation commission or in court. • In a special order disputes of separate categories of workers (military personnel) are considered.