Application to the labor Inspectorate
RSU "Department of the State Inspection Committee
Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan
around the city of Almaty
BIN 240840029411
85 Dostyk Ave., Medeu district, 050021, Almaty (third floor)
+7 (727) 338 22 42.
from the Applicant: D E B
IIN ...
Almaty region, Enbekshikazakh district, K. 2 street.
+7 705 …..
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 971 78 58; +7 727 971 78 58.
Employer: MKS L. LLP
BEAN .
Almaty region, city of Almaty, A.A. str., 179.
statement
Since 2021, D. E.B. (Hereinafter referred to as the employee) has worked at MKS L. LLP (hereinafter referred to as the employer) as a "storekeeper".
On April 10, 2020, an accident occurred with an employee at the workplace, namely, on the territory of the employer in a warehouse of finished products, the driver of an electric loader (Kara) S. B., while performing his duties, driving in reverse, ran over an employee (warehouse manager) D. E.B., who received bodily injuries, which according to the court- the medical examination has established that moderate harm has been inflicted.
On May 22, 2024, after the formation of the Accident investigation Commission, the employer issued Act No. 1 on labor-related accidents. The employer is responsible for ensuring occupational safety and health and constantly carries out explanatory work on compliance with the rules and regulations on occupational safety and health. The Employer's degree of guilt in this accident is 100%.
In paragraphs 2-1, art. 187 of the Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Code), the employer immediately, but no later than three working days, as soon as he becomes aware of the occurrence of an accident, notifies the insurance company with which he has concluded an insurance contract for the employee against accidents in the performance of his labor (official) duties.
Paragraph 9, Article 190 of the Code stipulates that no later than three working days after the completion of the investigation, one copy of the accident report is issued to the victim or his authorized representative, in addition, it is sent to the insurance company with which the contract for insurance of the employee against accidents in the performance of his labor (official) duties is concluded.
However, to this day, the employer has not sent an application to the insurance company of JSC KCJ Eurasia in accordance with paragraph 1, Article 20 of the Law of the Republic of Kazakhstan "On compulsory insurance of an employee against accidents in the performance of his labor (official) duties." The insurance company has already twice officially replied that it is necessary for the employer to provide a list of documents that are in the original with the employer, including the original act No. 1 on the accident. Thus, since April 10, 2024, the insurance company has not paid an insurance payment to this day in accordance with the Law of the Republic of Kazakhstan "On Compulsory insurance of an employee against accidents in the performance of his labor (official) duties" due to the unjustified delay in submitting an application.
According to paragraph 1, Article 20 of the Law of the Republic of Kazakhstan "On compulsory insurance of an employee against accidents in the performance of his labor (official) duties" (Hereinafter referred to as the Law), a claim for insurance payment to the insurer is submitted by the policyholder or another person who is the beneficiary, in writing, indicating the place of residence, contact phone numbers of the beneficiary, bank details (if necessary), the procedure for receiving the insurance payment is in cash or by transfer to a bank account with the documents necessary for making the insurance payment attached.
The employee does not have the opportunity to apply for an insurance payment, since the original of many related documents, in accordance with paragraph 2, Article 20 of the Law, is with the employer.
According to paragraph 6, Article 194 of the Labor Code of the Republic of Kazakhstan, state labor inspectors are required to participate in investigations of accidents related to work.
Paragraph 9, Article 193 of the Code also stipulates that when exercising state control over compliance with the labor legislation of the Republic of Kazakhstan, state labor inspectors have the right to investigate labor-related accidents in accordance with the established procedure.
Based on the above and in accordance with subparagraph 1, paragraph 4, Articles 190 and 195 of the Labor Code of the Republic of Kazakhstan,
I ask you to:
· To assist the employer of "MKS L." LLP in submitting an application to JSC "KSJ "E." for insurance payment to an employee of D. E.B. for an accident.
With respect,
Representative by proxy: Kenesbek I.M.
Attention!
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