Article 938. Definition of earnings (income) lost as a result of damage to health of the Civil Code of the Republic of Kazakhstan

 1. The amount of lost earnings (income) to be reimbursed is determined as a percentage of the average monthly earnings (income) before injury or other damage to health or before the onset of disability, corresponding to the degree of loss of professional disability by the victim, and in the absence of it - general disability.

     2. The structure of lost earnings (income) includes all types of remuneration under labor and civil law contracts both at the place of main work and part-time, subject to individual income tax. Lump-sum payments (compensation for unused vacation, severance pay, etc.) and other payments defined by legislative acts of the Republic of Kazakhstan are not taken into account. The paid allowance is taken into account for the period of temporary disability and maternity leave. Income from entrepreneurial activity, as well as royalties, are included in lost earnings, while income from entrepreneurial activity is included on the basis of data from the state revenue authority.

     All types of earnings (income) are accounted for in the amounts accrued before taxes are withheld.

     3. The average monthly earnings (income) are calculated by dividing the total amount of earnings (income) for the twelve months of work preceding the injury or disability by twelve. In the case when the victim worked for less than twelve months at the time of the injury, the average monthly earnings (income) are calculated by dividing the total amount of earnings (income) for the actually worked number of months preceding the injury by the number of these months.

     Months that have not been fully worked out by the victim are replaced by previous months that have been fully worked out or are excluded from the calculations if it is impossible to replace them.

     4. In the case when the victim was not working at the time of the injury, his earnings before dismissal or the usual amount of remuneration for an employee of his qualifications in the area are taken into account, but not less than ten times the monthly calculation index established by legislative acts.

     5. If there have been steady changes in the earnings (income) of the victim prior to the injury or other damage to his health, improving his property status (increased salary for his position, transferred to a higher-paying job, joined the job after graduation and in other cases when the stability of the change or the possibility of changing the victim's salary will be proved), when determining his average monthly earnings (income), only earnings (income) are taken into account, which he received or should have received after the corresponding change.

President    

Republic of Kazakhstan     

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