Article 140. Specifics of labor regulation of the head of the executive body of a legal entity and other members of the collegial executive body of a legal entity, as well as employees of the Internal Audit Service and the Corporate Secretary of the Labor Code of the Republic of Kazakhstan
1. The conclusion and termination of an employment contract, the procedure and conditions of remuneration, bringing to financial and disciplinary responsibility, and dismissal of the head of the executive body, members of the collegial executive body of a legal entity, as well as employees of the internal audit service and the corporate secretary, are carried out in accordance with this Code, other regulatory legal acts of the Republic of Kazakhstan, and documents approved by the founders, the owner of the property of a legal entity or authorized by the founders, the owner of the person (body) or the authorized body of the legal entity, the regulations on the executive body, the internal audit service, the corporate secretary of the legal entity and the employment contract.
2. If the sole founder (participant, shareholder) is the sole executive body of a legal entity, then an employment contract is not concluded. The employment relationship is formalized by the employer's employment certificate, which must contain the work function, the duration of employment, the date of commencement of work, the place of work, as well as the amount and other conditions of remuneration.
In the event of a change in the composition of the founders (participants, shareholders), a new employment contract is concluded with the head of the executive body or members of the collegial executive body of the legal entity, or the employment relationship with them is terminated based on a decision of the founders, the owner of the property of the legal entity, or the person (body) authorized by the founders, the owner, or the authorized body of the legal entity.
3. In case of appointment (election, confirmation) of the head of the executive body, members of the collegial executive body of a legal entity, as well as employees of the internal audit service and the corporate secretary for a new term, appropriate amendments and additions are made to the employment contract.
4. The act of the employer on the acceptance and termination of the employment contract is signed by a person authorized to do so by the decision of the founders, the owner of the property of the legal entity or authorized by the founders, the owner of the person (body) or the authorized body of the legal entity or documents approved by them.
5. Disciplinary action against the head and other members of the collegial executive body of a legal entity, employees of the internal audit service and the corporate secretary is imposed immediately upon the discovery of disciplinary misconduct, but not later than two months from the date of its discovery.
The procedure for applying disciplinary penalties to the head and other members of the collegial executive body of a legal entity, employees of the internal audit service and the corporate secretary is established by an act of the employer approved by the decision of the founders, the owner of the property of the legal entity or authorized by the founders, the owner of the person (body) or the authorized body of the legal entity, taking into account the specifics of the legislation of the Republic of Kazakhstan and the constituent documents of the legal entity.
6. The specifics of regulating the work of the head of the executive body of a legal entity provided for by this Code shall apply to the sole executive body of the legal entity, as well as to other members of the collegial executive body of the legal entity.
President
Republic of Kazakhstan
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