Article 53. The procedure for termination of an employment contract at the initiative of the employer of the Labor Code of the Republic of Kazakhstan
1. Upon termination of an employment contract on the grounds provided for in subitems 1) and 2) of paragraph 1 of Article 52 of this Code, the employer is obliged to notify the employee of the termination of the employment contract at least one month in advance, unless a longer notice period is provided for in the employment or collective agreements. With the written consent of the employee, the termination of the employment contract may be carried out before the expiration of the notice period.
It is not allowed to terminate an employment contract with employees before reaching the retirement age established by the Social Code of the Republic of Kazakhstan, which has less than two years left, on the grounds provided for in subparagraphs 2) and 4) of paragraph 1 of Article 52 of this Code, without a positive decision of the commission, created from an equal number of representatives from the employer and employee representatives.
2. Upon termination of the employment contract on the grounds provided for in subparagraph 3) According to paragraph 1 of Article 52 of this Code, the employer is obliged to notify employees of the termination of the employment contract within fifteen working days, unless a longer notice period is provided for in the employment or collective agreements. By agreement of the parties, the notice period may be replaced by the payment of wages proportional to the unpaid period. In the notification, the employer must indicate the reasons that served as the basis for the termination of the employment contract.
Termination of an employment contract on this basis is possible if the following conditions are met at the same time:
1) closure of the structural unit (workshop, site);
2) the inability to transfer an employee to another job;
3) notification of employee representatives at least one month in advance, indicating the reasons that served as the basis for termination of the employment contract (there is a direct link between the economic changes in the employer and the need to terminate the employment contract).
3. Termination of the employment contract on the grounds provided for in subparagraph 4) paragraph 1 of Article 52 of this Code must be based on the decision of the attestation commission, which must include a representative of the employees, unless otherwise established by the laws of the Republic of Kazakhstan.
The procedure, conditions and frequency of certification of employees are determined by a collective agreement or an act of the employer.
4. Termination of an employment contract on the grounds provided for in subparagraph 5) of paragraph 1 of Article 52 of this Code must be based on the decision of the examination committee established in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
5. In order to terminate an employment contract on the grounds provided for in subparagraph 6) of paragraph 1 of Article 52 of this Code, the employee's non-compliance with his position or work performed due to a health condition that prevents the continuation of this work must be confirmed by a medical opinion in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
6. Termination of the employment contract on the grounds provided for in the sub-paragraphs 8), 9), 10), 11), 12), 14), 15), 16), 17) and 18) of paragraph 1 of Article 52 of this Code, is carried out in compliance with the procedure for applying disciplinary penalties provided for in Article 65, and the requirements Article 66 of this Code.
7. Termination of an employment contract on the grounds provided for in subparagraph 9) of paragraph 1 of Article 52 of this Code must be confirmed by a medical report.
The decision to send an employee for a medical examination is made by the employer's representative.
7-1. Termination of an employment contract on the grounds provided for in subparagraph 10) of paragraph 1 of Article 52 of this Code must be confirmed by an act of refusal of the employee to undergo a medical examination.
7-2. Termination of an employment contract on the grounds provided for in subparagraph 13) of paragraph 1 of Article 52 of this Code must be confirmed by an act of internal investigation, indicating in it the justifications confirming the commission of culpable acts or omissions by the employee. The internal investigation procedure is established by an act of the employer.
8. Termination of an employment contract on the grounds provided for in subparagraph 20) of paragraph 1 of Article 52 of this Code is permitted after the employee submits a temporary disability certificate.
9. Termination of an employment contract on the grounds provided for in subparagraph 24) of paragraph 1 of Article 52 of this Code is permitted upon reaching the retirement age established by the Social Code of the Republic of Kazakhstan, with notification of the employee after reaching retirement age at least one month before the date of termination of the employment contract and payment of compensation in the amount determined by the Labor Code of the Republic of Kazakhstan. collective agreements and/or an act of the employer.
10. Termination of an employment contract on the grounds provided for in subparagraph 25) of paragraph 1 of Article 52 of this Code is permitted if the employee fails to provide information about the reasons for absence within ten calendar days from the date the employer sends the employee an absence certificate by registered mail with a notification of its delivery.
11. Termination of an employment contract on the grounds provided for in subparagraph 1) paragraph 1-1 of Article 52 of this Code, is made on the basis of a submission from the internal affairs bodies of the Republic of Kazakhstan or the bodies of the diplomatic service of the Republic of Kazakhstan.
12. Termination of an employment contract on the grounds provided for in subparagraph 2) paragraph 1-1 of Article 52 of this Code, is carried out on the basis of:
1) a court conviction that has entered into legal force for committing a corruption offense;
2) a court decision that has entered into legal force or a decision of the criminal prosecution body approved by the prosecutor to terminate the criminal case on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan.
IZPI's note! Article 53 is provided to be supplemented by paragraph 13 in accordance with the Law of the Republic of Kazakhstan dated 03.01.2023 No. 188-VII (effective from 01.01.2027). The footnote. Article 53 as amended by the Laws of the Republic of Kazakhstan dated 04/06/2016 No. 483-V (effective after ten calendar days after the date of its first official publication); dated 04/16/2018 No. 147-VI (effective after ten calendar days after the date of its first official publication); dated 07/02/2018 No. 165-VI (effective after ten calendar days after the date of its first official publication); dated 05/04/2020 No. 321-VI (effective after ten calendar days after the date of its first official publication); dated 12/30/2020 No. 393-VI (effective after ten calendar days days after the date of its first official publication); dated 07/01/2021 No. 61-VII (effective ten calendar days after the date of its first official publication); dated 02/15/2023 No. 199-VII (effective sixty calendar days after the date of its first official publication); dated 04/20/2023 No. 226-VII (effective from 07/01/2023).
President
Republic of Kazakhstan
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