Article 65. The procedure for applying disciplinary penalties of the Labor Code of the Republic of Kazakhstan

Home / RLA / Article 65. The procedure for applying disciplinary penalties of the Labor Code of the Republic of Kazakhstan

1. Disciplinary punishment is imposed by the employer by issuing an act of the employer, except in cases stipulated by the laws of the Republic of Kazakhstan. When imposing a disciplinary penalty by the first head of the national managing holding in cases stipulated by the laws of the Republic of Kazakhstan, the provisions of this Article and Article 66 of this Code shall apply.

2. Before applying disciplinary action, the employer must request an explanation from the employee in writing (on paper or in the form of an electronic document certified by an electronic digital signature) or in electronic form with authorization and identification of the employee.

A request for an explanation of a disciplinary offense is made in writing (on paper or in the form of an electronic document certified by an electronic digital signature) and is delivered to the employee personally or by courier mail, postal service, fax, e-mail and other information and communication technologies confirming receipt of the employer's request.

In case of evasion or refusal of an employee from receiving a claim, an appropriate act is drawn up by the employer's representative.

If the employee does not provide an explanation after two working days from the date of receipt of the claim or drawing up an act of evasion or refusal to receive the claim, then the relevant act is drawn up by the employer's representative.

Failure by an employee to provide an explanation is not an obstacle to disciplinary action.

3. Only one disciplinary penalty may be applied to an employee for each disciplinary offense.

4. The act of the employer on the imposition of disciplinary punishment on the employee may not be issued during the period of:

1) temporary disability of the employee;

2) the release of an employee from work during the performance of state or public duties;

3) the employee is on vacation or inter-watch rest;

4) finding an employee on a business trip;

5) conducting an investigation of an accident related to work in relation to persons who have committed violations of occupational safety and health requirements.

6) the presence of an employee undergoing military service in the reserve, in classes or training camps for combat training, crisis training camps.

7) the presence of an employee as a volunteer firefighter at events to prevent and extinguish steppe fires, as well as fires in organizations and settlements.

5. The act on the imposition of disciplinary punishment is announced to the employee who has been subjected to disciplinary punishment, against signature, within three working days from the date of its publication. If the employee refuses to confirm with his signature that he has become familiar with the employer's act, a corresponding entry is made in the act on the imposition of disciplinary action.

If it is not possible to personally familiarize the employee with the employer's act on the imposition of disciplinary punishment, the employer must send the employee a copy of the act on the imposition of disciplinary punishment by registered mail with a notification of its delivery within three working days from the date of publication of the employer's act.

The Labor Code of the Republic of Kazakhstan dated November 23, 2015

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Republic of Kazakhstan

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