Article 71. Guarantees of the rights of employees when bringing them to disciplinary responsibility of the Law on Special State Bodies of the Republic of Kazakhstan

Home / Laws / Article 71. Guarantees of the rights of employees when bringing them to disciplinary responsibility of the Law on Special State Bodies of the Republic of Kazakhstan

1. It is not allowed to bring an employee to disciplinary responsibility:

1) in the absence of the fact of misconduct;

2) if his action (inaction) is not illegal;

3) repeatedly for the same disciplinary offense;

4) upon expiration of the limitation period for disciplinary liability established by this Law and the legislation of the Republic of Kazakhstan;

4-1) during the period of his temporary disability;

4-2) during his vacation or business trip;

4-3) if he is in training, retraining, advanced training courses and internships.;

5) in case of exclusion from the list of personnel due to dismissal from service.

2. If an employee does not agree with the order to be disciplined, he/she has the right to appeal this order in writing to a higher division of a special state body, a court in accordance with the procedure established by the laws of the Republic of Kazakhstan.

3. Excluded by the Law of the Republic of Kazakhstan dated 06/29/2020 No. 351-VI (effective from 07/01/2021).

4. The head of a higher subdivision of a special state body, based on the results of consideration of the complaint, is obliged to make one of the following decisions within one month:

1) to leave the order on bringing an employee to disciplinary responsibility unchanged;

2) cancellation of the order to bring an employee to disciplinary responsibility, issued in violation of the requirements of this Law, and bringing to justice an authorized supervisor who unlawfully imposed a penalty;

3) to issue a new order to impose a more severe penalty if the penalty was imposed in compliance with the requirements of this Law, but does not correspond to the gravity of the offense committed.

5. An appeal against a decision to impose a penalty does not suspend its enforcement.

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.

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