Legal regulation of labour relations in the Republic of Kazakhstan in the context of the new Labour Code

Programme

The employment contract

• Concept, types, essential terms and content of the employment contract
• Concluding an employment contract
  • Restrictions on concluding an employment contract
  • Content of the employment contract
  • Types of employment contracts. The fixed-term employment contract
  • The age from which an employment contract may be concluded
  • Documents required to conclude an employment contract
  • Documents confirming the employee's work history
  • Formalising the hiring
  • Concluding an employment contract with a probation period
  • Concluding an employment contract with certain categories of employees
  • Specifics of concluding employment contracts with heads of executive bodies and governing bodies of commercial organisations (financial organisations)
  • How the employment contract differs from civil law contracts. The relationship between the employment contract and contracts for paid services, contracts for work, etc.
• Amending the employment contract
  • Combining positions (expanding the service area) and performing the duties of a temporarily absent employee
  • Transferring an employee to another job
  • Transferring an employee to another locality together with the employer
  • Temporary transfer to another job in case of operational necessity
  • Temporary transfer to another job in case of downtime
  • Temporary transfer to another job for health reasons
  • Restrictions on transferring an employee to another job
  • Moving an employee to another workplace. Changing the title of the position (job)
  • Changing working conditions
  • Employment relations when the employer's name or departmental affiliation changes, its property changes owner or it is reorganised
  • Legal consequences of an unlawful transfer and of an employee's refusal of a lawful transfer to another job
• Changes to the terms of the employment contract agreed by the parties as a result of the entry into force of regulatory legal acts containing labour law rules
• The relationship between the concepts: termination of the employment contract, rescission of the employment contract, dismissal of the employee. Termination and rescission of the employment contract. Invalidity of the employment contract
• The employer's risks in rescinding the employment contract on the employer's initiative
  • Consequences for the employer of violating the procedure for rescinding the employment contract
  • Legal consequences of unlawful termination of the employment contract. Procedure for reinstating an employee by court order
  • The employer's risks in labour dispute proceedings
• Suspension from work
• Possible ways of re-registering a part-time employee as a main-job employee and a main-job employee as a part-timer
• Protecting the employee's personal data and agreements on the confidentiality of information obtained in the course of work

Practical part: case studies, quick quiz, questions and answers, etc.

• Legal regulation of working time
• The concept of working time and its types
• Working time of normal duration. Structure of working time. Working time balance
• Work beyond the established working hours
• Working time arrangements and recording
  • Daily and cumulative recording of working time
  • Part-time working arrangements
  • Irregular working day arrangements
  • Shift work arrangements
  • Flexible working time arrangements
  • Split working day arrangements
  • The rotational (fly-in fly-out) method of work
  • Specifics of working time at an industrial enterprise
• Working time snapshots, time studies and «self-snapshots»
• Legal regulation of rest time
• Concept and types of rest time
• Annual rest (leave)
• Procedure for granting leave
• Additional days off for certain categories of employees
• Industry specifics of granting days off
• Legal regulation of remuneration. Guarantees and compensation
• Wages as an economic and legal category. Structure of wages
• Methods of legal regulation of remuneration
• Remuneration systems
• Legal regulation of labour incentives
• Legal protection of wages
• Foreign experience of remuneration
• Organising remuneration and its specifics at an industrial enterprise
• Forms and systems of wages, state guarantees in the field of remuneration
  • Amount of wages
• Setting the minimum wage
• Hourly pay
• Wage indexation
• Remuneration systems
• Payment for overtime work
• Payment for work on public holidays and days off
• Payment for night work
• Payment for work of different qualification levels
• Payment when combining positions (expanding the service area) and performing the duties of a temporarily absent employee
• Payment when mastering new production (products)
• Payment for downtime
• Payment of wages
  • Procedure and timing of wage payment
  • Place of wage payment
  • Calculating the employee's average wage
  • Deductions from wages. Payment of wages not received due to the employee's death
• The tariff-based remuneration system
• The system of supplements and allowances
• The employee bonus system and its specifics at an industrial enterprise
• Specifics of remuneration for employees working in zones of ecological disaster and radiation risk
• Guarantees and compensation
  • Guarantees and compensation for employees performing state or public duties
  • Guarantees and compensation for employees combining work with study
  • Guarantees and compensation for employees in connection with rescission of the employment contract
  • Other cases of providing guarantees and compensation to employees
• Labour rate setting
• Liability of the parties to the employment contract

Practical part: review of court practice, case studies, quick quiz, questions and answers, etc.