Article 137-1. The procedure for the provision of personnel services of the Labor Code of the Republic of Kazakhstan

Home / RLA / Article 137-1. The procedure for the provision of personnel services of the Labor Code of the Republic of Kazakhstan

1. The sending party shall conclude an employment contract or an additional agreement to the employment contract and send employees to the receiving party in order for the employees of the sending party to perform the labor functions defined by their employment contracts in the interests, under the management and control of the receiving party. The sending party is the employer of the sending party's employees and has the rights and obligations provided for in this Code.

2. Sending an employee of the sending party to the receiving party is allowed after the employee and the sending party sign an employment contract or an additional agreement to the employment contract indicating the place of work of the receiving party.

Sending an employee of the sending party to the receiving party to perform heavy work, work with harmful and (or) dangerous working conditions is allowed provided that there are results of certification of production facilities according to the working conditions of the receiving party, as well as familiarization of the employee of the sending party with such results at his workplace.

In the case when the sending party carries out activities within the framework of a contract for the provision of personnel services, the occupational risk class of the sent employee must comply with the requirements 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 sending party does not have the right to send, and the receiving party does not have the right to admit to the workplace an employee of the sending party who is uninsured under the compulsory insurance of an employee against accidents in the performance of his labor (official) duties.

If this Code and other laws of the Republic of Kazakhstan establish prohibitions and restrictions on employment in the receiving party, these prohibitions and restrictions apply to an employee of the sending party who is being sent to the receiving party.

3. It is allowed to send employees of the sending party to the receiving party in the following cases::

1) to perform household work for individuals;

2) for the duration of a certain job;

3) for the duration of the replacement of a temporarily absent employee;

4) for the duration of seasonal work.

4. The date of completion of work by an employee of the sending party from the receiving party is the day specified in the notification sent by the receiving party to the sending party on the expiration of the period for attracting employees of the sending party by the receiving party.

5. It is not allowed to send employees of the sending party to the receiving party to perform work in the following cases:

1) replacement of employees participating in a strike in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

2) replacement of employees who refused to perform work in cases and in accordance with the procedure established by the labor legislation of the Republic of Kazakhstan, with the exception of deterioration of the employee's health;

3) downtime, bankruptcy proceedings, and the introduction of part-time work in order to preserve jobs when employees are threatened with dismissal.

6. The conditions and procedure for the performance of work by employees of the sending party are determined by the contract for the provision of personnel services, which is concluded between the sending and receiving parties in accordance with the civil legislation of the Republic of Kazakhstan.

The provisions of the contract for the provision of personnel services that worsen the situation of employees of the sending party in comparison with the labor legislation of the Republic of Kazakhstan are recognized as invalid and are not subject to application.

7. The receiving party is obliged to respect the rights of employees of the sending party when regulating the work and rest regime provided for by the labor legislation of the Republic of Kazakhstan.

8. It is prohibited for the receiving party to discriminate in the field of remuneration against employees of the sending party when concluding a contract for the provision of personnel services.

9. An employee of the sending party has the right to refuse to perform work in the event of a situation that poses a threat to his health or life, with notification of the representative of the receiving party and the representative of the employer, and also has other rights and duties provided for in this Code.

10. The receiving party has the right to:

1) require employees of the sending party to comply with the terms of the employment contract, labor regulations and other acts of the receiving party;

2) encourage employees of the sending party in the manner prescribed by the act of the receiving party;

3) for compensation of damage caused by an employee of the sending party in the performance of work duties.

11. The receiving party is obliged to:

1) to acquaint the employee of the sending party with the rules of the labor regulations and other acts of the receiving party directly related to the work (labor function);

2) to provide workers of the sending party with industrial and living conditions in accordance with the labor legislation of the Republic of Kazakhstan;

3) to provide employees of the sending party with equipment, tools, technical documentation and other means necessary for the performance of work duties, at their own expense;

4) to suspend work if its continuation poses a threat to the life or health of the employee of the sending party and other persons.;

5) notify the employee of the sending party about harmful and (or) dangerous working conditions and the possibility of occupational disease;

6) take measures to prevent risks in the workplace and in technological processes, carry out preventive work taking into account industrial and scientific and technological progress;

7) keep records of working hours, including overtime, work on weekends and holidays, in harmful and (or) dangerous working conditions, and heavy work performed by each employee of the sending party.

12. In case of violation of labor discipline by an employee of the sending party, the receiving party shall notify the sending party within five working days from the date of discovery of this fact in order to make a decision on bringing him to disciplinary responsibility in accordance with the labor legislation of the Republic of Kazakhstan.

13. The financial liability of an employee of the sending party for damage caused to the receiving party occurs in the cases provided for in Article 123 of this Code, regulatory legal acts of the Republic of Kazakhstan, as well as an employment contract.

14. The labor relations of the employees of the sending party are carried out in accordance with this Code, the laws of the Republic of Kazakhstan and the employment contract.

President

Republic of Kazakhstan

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