Article 11. The contract of compulsory insurance of an employee against accidents of the Law On compulsory insurance of an employee against accidents in the performance of his labor (official) duties

Home / RLA / Article 11. The contract of compulsory insurance of an employee against accidents of the Law On compulsory insurance of an employee against accidents in the performance of his labor (official) duties

1. Compulsory insurance of an employee against accidents is carried out on the basis of a contract concluded between the policyholder and the insurer in accordance with this Law and the Civil Code of the Republic of Kazakhstan in favor of an employee whose life and health may be harmed in the performance of his labor (official) duties.

2. An employee's compulsory accident insurance contract is concluded only with an insurer licensed to carry out insurance activities in the annuity insurance class and this type of compulsory insurance.

The conclusion of such an agreement is mandatory for the insurer, except in cases stipulated by the laws of the Republic of Kazakhstan.

3. An employee's compulsory accident insurance contract is concluded in writing.

The basis for concluding an employee's compulsory accident insurance contract is the policyholder's statement. The insurer has the right, in addition to the application, to require the submission of a staffing table or other information to verify the correctness of classifying the types of economic activities declared by the policyholder as occupational risk classes.

The policyholder's application submitted electronically in accordance with subitems 1-2) of paragraph 2 of Article 8 of this Law must contain:

1) the estimated size of the annual wage fund and the total number of employees;

2) the type of economic activity and the class of occupational risk according to the order of assignment of types of economic activity to classes of occupational risk.

An employee's compulsory accident insurance contract, concluded by submitting an electronic application, is signed by means of an electronic digital signature of the policyholder and the insurer.

Failure to comply with the written form of the employee's compulsory accident insurance contract entails its nullity.

The insurer is responsible for the incompleteness of the conditions to be specified in the employee's compulsory accident insurance contract. In the event of a dispute under the employee's compulsory accident insurance contract due to the incompleteness of its individual terms, the dispute is resolved in favor of the policyholder.

4. In case of loss of the insurance contract, the insurer is obliged, on the basis of a written application from the policyholder, to provide him with a duplicate insurance contract.

The costs of making a duplicate insurance contract are reimbursed by the policyholder, while the total amount of reimbursable expenses should not exceed 0.1 of the monthly calculation index established by the Law of the Republic of Kazakhstan on the republican budget for the relevant financial year, as of the application date.

5. If an employee's compulsory accident insurance contract is concluded on terms that worsen the situation of the policyholder or beneficiary in comparison with that provided for by this Law, then upon the occurrence of an insured event, the insurer shall bear obligations to the policyholder and beneficiary on the terms established by this Law.

6. An employee's compulsory accident insurance contract must contain:

1) the name, location and bank details of the insurer;

2) the last name, first name, patronymic (if any) and the place of residence of the policyholder (if it is an individual) or its name, location and bank details (if it is a legal entity);

3) indication of the insurance object;

4) indication of the insured event;

5) the amount of the insured sum, the procedure and timing of the insurance payment;

6) the amount of the insurance premium, the procedure and terms of its payment.

If the policyholder has a branch (branches) engaged in activities other than the policyholder, the amount of the insurance premium is set separately for the policyholder and his branch (branches), indicating the class of occupational risk according to the type of economic activity carried out by him (them) within the framework of a single compulsory employee accident insurance contract.;

7) the rights, duties and responsibilities of the parties to the agreement;

8) the cases and procedure for making changes to the agreement and its prolongation;

9) the date of conclusion and term of the agreement;

10) the number and series of the insurance contract;

11) Excluded by the Law of the Republic of Kazakhstan dated 07/12/2022 No. 138-VII (effective sixty calendar days after the date of its first official publication). 12) Excluded by the Law of the Republic of Kazakhstan dated 07/12/2022 No. 138-VII (effective sixty calendar days after the date of its first official publication).

By agreement of the parties, other conditions may be included in the contract.

The Law of the Republic of Kazakhstan dated February 7, 2005 No. 30.

This Law regulates public relations arising in the field of compulsory employee accident insurance and establishes the legal, economic and organizational basis for its implementation.

President

Republic of Kazakhstan

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