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Article 103. Participation of employers in ensuring employment of the population of the Social Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 103. Participation of employers in ensuring employment of the population of the Social Code of the Republic of Kazakhstan

     1. Employers participate in the implementation of state policy in the field of employment by:

     1) providing assistance in finding employment in compliance with the terms of labor and collective agreements in accordance with the Labor Code of the Republic of Kazakhstan;

     2) development of a professional staff training system;

     3) personnel training through educational organizations that implement training programs for technical and vocational, post-secondary, higher and postgraduate education;

     4) preservation and rational use of the personnel potential of qualified employees during structural changes;

     5) providing jobs for the organization of subsidized jobs;

     6) accepting persons who have applied for employment, including those sent by career centers, as well as private employment agencies, in accordance with the qualification requirements established in organizations.;

     7) creation of special jobs for the employment of persons with disabilities;

     8) providing current vacancies and data on projected job creation in the context of sought-after specialties to career centers (labor mobility center) and (or) an Electronic Labor exchange;

     9) creating jobs.

     2. The employer is obliged to:

     1) to post information on the availability of vacancies on the Electronic Labor Exchange within five working days from the date of their appearance, indicating working conditions and pay, with the exception of vacant positions of civil servants, elected government positions, deputies of Parliament and maslikhats, judges of the Republic of Kazakhstan, persons in military service, employees of special state and law enforcement agencies, civil protection authorities and the state courier service, employees of the National Bank of the Republic of Kazakhstan and its departments, the authorized regulatory body, control and supervision of the financial market and financial organizations;

     2) provide the career center (labor mobility center) with full information in writing or through the Electronic Labor Exchange about the upcoming release of employees in connection with the termination of the activity of an individual employer or the liquidation of the employer – a legal entity, a reduction in the number or staff, a decrease in the volume of production and work performed and services that have led to a deterioration in the economic condition of the employer, the number and categories of employees that it may affect, indicating the positions and professions, specialties, qualifications and the amount of remuneration of the released employees and the time during which they will be released, less than one month before the start of the release;

     3) to employ an unemployed person at the declared workplace after completing his studies at his request, or to reimburse the expenses of the career center (labor mobility center) for training, except in cases of liquidation of the employer – a legal entity or termination of the activity of the employer – an individual, reduction in the number or staff of employees, reduction in the volume of production and work performed and services, resulting in deterioration of the employer's economic condition;

     4) fulfill the established quota for the employment of persons with disabilities, except in cases of liquidation of the employer – a legal entity or termination of the activity of the employer – an individual, reduction in the number or staff of employees, reduction in the volume of production, work performed and services provided, which led to a deterioration in the economic condition of the employer;

     5) to prevent discriminatory requirements in the field of work in information about vacancies for employment;

     6) make pension and social contributions in accordance with this Code;

     7) calculate (withhold) and transfer (pay) deductions and (or) contributions of employees in accordance with this Code and the legislation of the Republic of Kazakhstan on compulsory social health insurance.

     3. The employer has the right:

     1) hire persons who have directly applied to him, on equal terms with persons sent by career centers, as well as private employment agencies;

     2) receive information about the state of the labor market free of charge;

     3) receive services from career centers for the selection and placement of unemployed;

     4) take part in the organization of temporary jobs;

     5) receive a subsidy for the creation of special jobs for the employment of persons with disabilities.

 

The Social Code of the Republic of Kazakhstan dated April 20, 2023 

President    

Republic of Kazakhstan     

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