Lawyer's appeal on the recovery of wages
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The Board of Civil Cases of the Almaty City Court
The plaintiff:____________________21.01.19__ year of birth IIN _________________ city of Almaty,
Bostandyk district, md.. __________________,132
Representative:Lawyer of Law firm No. 6 AGCA Sarzhanov G.T.
Almaty Bukharzhyrau 64, office 15. + 7 (708) 578 57 58.
The appeal
on the decision of the Bostandyk district Court of Almaty dated 08/10/20.. year
By the decision of the Bostandyk district Court of Almaty dated 08/10/20.. year in satisfaction of the claim _______________________ the payment of wages was refused. I consider the decision of the court of first instance to be illegal and unjustified due to the incorrect application of substantive law, incorrect allocation and clarification of the range of circumstances relevant to the case. Mezhdumnoy, _______________________ and TOO "_______________________" BIN_______________________ "20" May 20.. An employment contract No. 78 (hereinafter referred to as the Contract) was concluded for the position of a mechanical engineer with a staff salary of 250,000 (two hundred and fifty thousand) tenge. Until the end of April 20.. there were no problems or delays in payment, the employer, i.e. the defendant, paid wages on time and in full for the work performed.Payment for their work according to clause 2 of Article 5 of the Contract, which states that the employer makes the payment after the end of the month within 10 calendar days, i.e. they received it every month until the 10th. However, at the time of filing the claim, the wage arrears amounted to 6 (six) months, i.e. 250,000 x 6 months = 1,500,000 (one million five hundred thousand) tenge. For more than 6 months now, the answering machine says "I'll pay you soon."
The report does not include at all the provision that it is necessary to feed the family, pay utilities and other family expenses for which money is needed. Considering that more than 6 months have passed, I decided to go to court to recover the amount of the salary debt from the accountant, since there was no choice left. Let him pay his debts in a compulsory manner. According to P. 3 Article 113 of the Labor Code of the Republic of Kazakhstan No. 414-V On November 23, 2015, in case of non-payment of wages by the employer in full and within the time limits set by the employment contract, the employer is liable in accordance with the laws of the Republic of Kazakhstan. The employer pays the employee a debt and a penalty for the period of delay in payment. The amount of the penalty is calculated based on the official refinancing rate of the National Bank of the Republic of Kazakhstan on the day of fulfillment of obligations to pay wages and is calculated on the overdue calendar day starting from the next day when payments are due and ends on the day of payment.
According to Article 14 of the Labor Code, Persons guilty of violating the labor legislation of the Republic of Kazakhstan are not responsible in accordance with the laws of the Republic of Kazakhstan. According to Article 23 of the Labor Code, an employer is obliged to: comply with the requirements of the labor legislation of the Republic of Kazakhstan, agreements, collective agreements, labor contracts, and acts issued by it. The defendant does not comply with and violates the requirements of the labor legislation of the Republic of Kazakhstan. According to paragraph 3 of Article 424 of the CPC RK, the court of appeal has the right to overturn the decision of the court of first instance and make a new decision.
In accordance with paragraph 22 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated March 20, 2003 No. 2 "On the application of certain Norms of Civil Procedure Legislation by Courts", "in accordance with Articles 412, 413 of the Civil Procedure Code, the Court of Appeal verifies the legality and validity of the decision of the court of first instance in full, based on the materials available in the case and additionally submitted. The full scope of the review of the court's decision should be understood as verifying the correctness of the establishment by the court of first instance of the actual merits of the case, the application or interpretation of the norms of substantive and procedural law." Based on the above and in accordance with Articles 401-404, 424,427 of the CPC RK,
I ASK THE COURT: To cancel the decision of the Bostandyk district Court of Almaty dated 08.10.20.. and to make a new decision in satisfaction of the claim for the recovery of wages.
Application: 1. Copy of the peremptory complaint
Sincerely, Lawyer: ________________/Sarzhanov G.T. "___"___________20.. G.
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.
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