Labor disputes | recovery of travel expenses | litigation under employment contracts
The Almalinsky District Court No. 2 of Almaty had a civil case No. 7520-17-00-2/.... dated 05.07.2017, according to the claim of AZHS to AGA LLP for the recovery of travel expenses in the amount of 564,092 tenge. During the trial, the Plaintiff explains in his claim that, in accordance with the employment contract dated 10.10.2016, he worked for AGA LLP as a tax consultant to perform certain work - providing services under an agreement with Kazmunaygas - Processing and Marketing JSC with a piece-rate salary of 405,000 tenge, and He was sent on a business trip from AGA LLP to Astana for conducting a tax audit at Kazmunaigas - Refining and Marketing JSC.
127 of the Labor Code of the Republic of Kazakhstan, employees sent on business trips are paid per diem for the calendar days of their stay on a business trip, including for travel time, travel expenses to and from their destination. Also, in accordance with clause 8.4. of the employment contract, the Plaintiff, when sent on a business trip, must be paid per diem for the days of their stay on a business trip., including the time spent on the road. Where the Plaintiff was allegedly sent by AGA LLP to Astana to conduct a tax audit at Kazmunaygas - Refining and Marketing JSC. The time spent on a business trip was 42 days. IN LLP [caption id="attachment_37428" align="alignright" width="300"]Labor disputes recovery of travel expenses litigation under employment contracts Labor disputes recovery of travel expenses litigation under employment contracts[/caption] "AGA" the daily allowance is set at 6 MCI per day. In 2016, the MCI was 2,121 tenge. The total daily allowance for the business trip period is 2,121 tenge x 6 x 42 = 534,492 tenge. Also, travel from Astana to Almaty and from Almaty to Astana on branded Talgo trains was in 2016. approximately 14,800 tenge in one direction, so the Plaintiff paid 14,800 x 2 = 29,600 tenge for the trip. The exact amount for the trip is indicated in the tickets, which the Plaintiff submitted together with an advance report to the accounting department of AGA LLP. In total, he asks the court to recover from AGA LLP in favor of his travel expenses in the amount of 564,092.00 tenge and representative services of 56,400 tenge. we do not agree with the Claims, we consider the Claim to be unfounded, having no supporting facts and inconsistent with the requirements of the CPC RK, namely:
According to Article 148 of the Civil Procedure Code of the Republic of Kazakhstan, and the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated March 20, 2003 No. 2. On the application by the courts of certain norms of civil procedure legislation, the above-mentioned Statement of claim is submitted to the court of first instance in writing or in the form of an electronic document and the application must specify: the name of the court to which the statement of claim is filed, the essence of the violation or threat of violation of the rights and freedoms of a citizen or the legitimate interests of the plaintiff and the plaintiff's claims, the circumstances on which which the plaintiff bases his claims on, as well as the content of evidence confirming these circumstances, information on compliance with the pre-trial procedure for contacting the defendant., if this is established by law or stipulated by the contract, the price of the claim, if the claim is subject to assessment, as well as the calculation of the amounts of money being recovered or disputed. However, the above-mentioned requirements of the CPC RK have not been met, since the Statement of Claim was written to the Almaly District Court of Almaty, whereas this court hears criminal cases, and civil cases are considered in Almaly District Court No. 2 of Almaty. These errors are unacceptable and should not have been registered in the offices of the Court of Civil Cases. The materials of the civil case contain no evidence of the circumstances on which the plaintiff bases his claims, as well as the content of evidence confirming these circumstances, all evidence is unfounded. The requirements of the pre-trial procedure for contacting the defendant have not been met, the price of the claim, as well as the calculation of the amount being recovered or disputed has not been documented (extracts, tickets, orders, acts, travel documents, etc.). in addition, we have doubts about the movement of the Plaintiff from Astana to Almaty and from Almaty to Astana on branded trains "Talgo". Where the plaintiff indicated that the amount for the trip was indicated in the tickets, which he handed over together with the advance report to the accounting department of LLP "...".
Labor disputes | recovery of travel expenses | litigation under employment contracts
In this regard, we have reliable information that the Plaintiff A. ZhS did not travel on the Astana – Almaty, Almaty – Astana route on Talgo branded trains for 2016. Also, the plaintiff's arguments regarding Tickets are questionable, since all tickets purchased at the stations are registered on the database of Kazakhstan Temir Zholy JSC, from where you can get ticket purchase statements, travel itinerary, ticket refunds and other information. However, the Plaintiff, without substantiating his arguments, indicated in the Claim that he had handed over the tickets to the Accounting Department. In this regard, we filed a motion with the court to demand evidence. Also, the plaintiff has never been to the office of AGA LLP and is confident that the plaintiff cannot describe the location of the office, the style and other basic office items, and the office staff have not seen him. The Plaintiff's claims in accordance with art. 113 of the Civil Procedure Code of the Republic of Kazakhstan on recovery in favor of the Plaintiff, the costs incurred to pay for the representative's assistance in the amount of 56,400 tenge are unjustified, since the receipt of payment for the representative's services and the Contract were not provided. According to the employment contract concluded by the parties in clause 1.1., it is stated that the employer accepts an employee to perform certain work – services under an agreement with Kazmunaygas - PM JSC, for the position of a tax consultant. Under this clause of the Contract, we would like to emphasize that the hiring of employees was carried out only for work at the office of Kazmunaygas - PM JSC located in Astana, as evidenced by this paragraph. Kazmunaygas - PM JSC does not have and did not have representative offices and branches in Almaty.
Before sending an employee on a business trip, in accordance with the requirements of Article 101 of the Tax Code of the Republic of Kazakhstan, the partnership issues a secondment order for an employee, which determines the time the employee is on a business trip. A travel certificate is issued. A travel certificate is required in order to confirm the fact of your stay at your destination. An approximate cost estimate is drawn up for the payment of travel expenses actually incurred for travel to and from the place of business trip, including the payment of booking costs in the amount established by the decision of the taxpayer. The daily allowance for an employee's business trip both within the Republic of Kazakhstan and abroad is set independently by an internal regulatory document (for example, an order). It is taken into account if the daily allowance assigned by the employer to the employee is greater than the limits, then they will be the taxable income of the employee - the daily allowance within the Republic of Kazakhstan is 6 MCI and the maximum period of an employee's business trip is 40 days. If the employee stays longer, then an order is drawn up to extend the business trip established by the law on the republican budget and effective on January 1 of the relevant fiscal year. Also, the Plaintiff's arguments were not confirmed by the study. The audit organization, Business Expert Audit LLP, on the subject of: Whether the employees were already sent.With, About M.K., YES.I. AGA LLP, represented by the head of YES.I. on a business trip to Astana at KazMunayGas - PM JSC, in the period from October 1, 2016 to December 31, 2016. Does AGA LLP have accounts payable to the above-mentioned employees? For verification purposes The audit company was provided with all the necessary materials related to the Claims. As a result, the Audit Company concluded that it had not confirmed the sending of employees of AS many as.–U.S., OM.K., YES.I. to Astana to conduct audit procedures in relation to the audit client company - is it a business trip for these employees?
Labor disputes recovery of travel expenses litigation under employment contracts[/caption] It has not been confirmed that AS much as. - U.S., OM.K., YES.I., the daily allowance for the provision of services to Kazmunaygas PM JSC is due. Accordingly, the amounts of the so-called travel expenses for these employees, but for the Kazmunaygas PM JSC project, have not been paid and are not payable. The partnership has no debts to employees for daily expenses. They did not confirm that the daily allowance in AGA LLP should be charged to employees in the amount of 6 MCI for each day of business trip. This conclusion of the Audit Companies has not been challenged by the Plaintiff's side in accordance with the established procedure and the auditor's arguments are more than convincing and have a legal basis for proof. Based on the above, and guided by art. 166 of the CPC RK,
THEY ASKED THE COURT to refuse to satisfy the Plaintiff's claim for recovery of travel expenses and payment for the representative's assistance. On October 3, 2017, the District Court No. 2 of Almaly district of Almaty, having considered in open court with the use of audio and video recording a civil case against AGA LLP for the recovery of travel and court expenses, guided by Articles 222-226 of the Civil Procedure Code, the court DECIDED: In satisfying the claims of AGA to AGA LLP on the recovery of travel and court costs - to refuse in full.
#Lawyer #Lawyer #Legal service #Legal advice #Defense Company #Law Firm #Civil #Criminal #Administrative #Arbitration cases disputes #Almaty #Kazakhstan
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
