4 Internal labour regulations. Labor discipline

Internal labour regulations

The internal labor regulations shall be approved by the employer on agreement with employees’ representatives.

The internal labor regulations shall establish the working time and rest time of employees, the conditions for ensuring labor discipline, and other questions of regulating labour relations.

For individual categories of employees, the labor regulations shall consist of charters and provisions approved in the manner established by the laws of the Republic of Kazakhstan.

The internal labor regulations shall be binding on both the employer and employees.

Provision of labor discipline

Labor discipline shall be ensured by the employer creating the requisite organisational and economic conditions for individual and collective labor, for a conscientious attitude on the part of employees towards their work, persuasion techniques, incentives for conscientious labor, as well as application of disciplinary sanctions for disciplinary offences committed by employees.

Labor incentives

The employer shall have the right to apply various types of incentive to employees for success in their work.

The types of incentive to employees and the procedure for applying them are determined by the legislation of the Republic of Kazakhstan, acts of the employer, the employment contract and collective bargaining agreement.

Disciplinary sanctions

For a disciplinary offence committed by an employee, the employer shall have the right to apply the following types of disciplinary sanction:

1) admonition;

2) reprimand;

3) strict reprimand;

4) cancellation of the employment contract on the initiative of the employer in cases established by this Code.

Application of disciplinary sanctions not envisaged by this Code and other laws of the Republic of Kazakhstan shall be prohibited.

Procedure for applying and appealing against disciplinary sanctions

Disciplinary sanctions shall be imposed by the employer by issuing an act of the employer.

The employer shall demand a written explanation from the employee before applying the

disciplinary sanction. Refusal on the part of the employee to provide a written explanation shall not serve as a hindrance to applying a disciplinary sanction. In the event of refusal by the employee to provide the given explanation, a corresponding act shall be drawn up.

In determining the type of disciplinary sanction, the employer shall take into account the content, nature and gravity of the disciplinary offence, the circumstances under which it was committed, the prior and subsequent conduct of the employee, and his attitude towards his work.

For each disciplinary offence, only a single disciplinary sanction may be imposed on the employee.

An act of the employer imposing a disciplinary sanction on the employee may not be issued during a

period of:

1) temporary disability of the employee;

2) release of the employee from work for fulfilment of state or public duties;

3) leave;

4) a business trip.

6. An act imposing a disciplinary sanction shall be announced to the employee subject to the

disciplinary sanction, against his signature, within a period of three working days of its issue. In the event of refusal by the employee to confirm with his signature that he has been acquainted with the act of the employer, a corresponding entry shall be made to this effect in the act on imposition of the disciplinary sanction.

In the event that it is impossible to acquaint the employee personally with the act of the employer on imposition of the disciplinary sanction, the employer shall send the act to the employee by registered post.

Periods for imposition of disciplinary sanctions

A disciplinary sanction shall be imposed on the employee immediately for committing a disciplinary offence, but not later than one month from the date of its discovery, with the exception of the cases envisaged by Labor Code and other laws of the Republic of Kazakhstan.

A disciplinary sanction may not be applied more than six months from the day on which the disciplinary offence was committed, while in cases established by the laws of the Republic of

Kazakhstan or establishment of a disciplinary offence on the basis of the results of an audit or check on the financial and business activities of the employer – more than one year from the date on which the employee committed the disciplinary offence. The given periods shall not include time occupied by criminal proceedings.

The period for imposition of a disciplinary sanction shall be suspended while the employee is absent from work in connection with temporary disability, release from work for fulfilment of state or public duties, on leave or a business trip.

Term of validity of a disciplinary sanction

The term of validity of a disciplinary sanction shall not exceed six months from the day on which it is applied, with the exception of the case envisaged by Labor Code. If, within this period, no new disciplinary sanction is imposed on the employee, he shall be deemed not to

be subject to disciplinary sanction.

An employer that imposes a disciplinary sanction on an employee shall have the right to lift it ahead of time on its own initiative, at the request of the employee or his immediate manager, or application by the employees’ representative.