Article 49. Dismissal from service The Law on Special State Bodies of the Republic of Kazakhstan
1. Employees are dismissed on the following grounds:
1) upon reaching the age limit of service status;
1-1) at their own request, if they have more than twenty-five years of service, except in cases of the introduction of a state of emergency or martial law in the Republic of Kazakhstan or within a certain administrative-territorial unit;
2) upon expiration of the contract;
3) for health reasons in connection with the conclusion of the military medical commission on the recognition of unfit or limited fit for service;
4) excluded by the Law of the Republic of Kazakhstan dated 04/15/2022 No. 114-VII (effective ten calendar days after the date of its first official publication).
5) upon expulsion from a military, special educational institution or educational organization of a foreign state, with the exception of undergraduates, doctoral students and adjuncts who were expelled from a military, special educational institution or educational organization of a foreign state for academic failure or on their own initiative;
6) upon termination of citizenship of the Republic of Kazakhstan;
7) excluded by the Law of the Republic of Kazakhstan dated 04/15/2022 No. 114-VII (effective ten calendar days after the date of its first official publication).
8) if the authorized head is at the disposal of up to six months inclusive, if it is impossible to apply the existing experience and knowledge of the employee, as well as if the proposed position is rejected once, except in the circumstances specified in subparagraph 4) paragraph 4 of Article 33 of this Law;
9) due to staff reductions if it is impossible to be appointed to other equivalent positions and the employee refuses to be appointed to a lower position.;
10) in connection with transfer to service in state bodies (institutions);
11) excluded by the Law of the Republic of Kazakhstan dated 04/15/2022 No. 114-VII (effective ten calendar days after the date of its first official publication).
12) due to the impossibility of further service based on the results of a special inspection;
12-1) on the recommendation of the attestation commission on dismissal from service due to non-compliance with the position;
13) for negative reasons.
2. An employee has the right to early retirement from service:
1) in the event of a significant and (or) systematic (two or more times) violation of the terms of the contract with respect to him;
2) for family reasons due to:
the inability of a family member of an employee to live for medical reasons in the area in which the employee is serving, and in the absence of the possibility of his transfer to a new duty station;
changes in the place of service of the employee's husband (the employee's wife), related to the need for the family to move to another area;
the need for constant care for a father, mother, wife, husband, brother, sister, grandfather, grandmother, or adoptive parent who, according to the conclusion of the social protection authority at their place of residence, require constant care (assistance, supervision) or are persons with disabilities of the first or second group, or persons who have reached the age of of old-age retirement age, or under the age of eighteen, in the absence of other persons required by law to support these citizens.;
the need to care for a child under the age of eighteen who is being raised by an employee without a mother (father);
3) in case of election or appointment to the representative bodies of the Republic of Kazakhstan;
4) in case of election or appointment to the position of a judge.
3. Deceased (deceased) An employee is excluded from the list of personnel from the day following the documented date of death, and an employee recognized by the court as missing or declared dead from the date of entry into force of the court decision.
4. The dismissal of employees who have served the prescribed time is suspended in the event of a state of emergency or martial law for the duration of its operation. At the same time, the contracts concluded with them are valid during the period of the state of emergency or martial law.
The Law of the Republic of Kazakhstan dated February 13, 2012 No. 552-IV.
This Law defines the status of special state bodies of the Republic of Kazakhstan (hereinafter referred to as special state bodies), regulates public relations related to admission to service in special state bodies, its passage and termination, and also defines the legal status, financial support and social protection of employees of special state bodies.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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