Legally, a request to the employer upon the fact of an accident
IN the "ISS" LLP
BIN 130440013993
Almaty, 24/1 Terme street, 3rd floor.
info@mks-logistic.kz
+7 777 555 03 35; +7 701 777 73 63.
from the legal consultant: Kenesbek Islam Mukhameduly
Member of the Chamber of Legal
consultants "Justus"
IIN 970103300774
139 Luganskogo St., 4th floor, Almaty.
islam.ala.1@mail.ru
+7 (702) 327 69 66.
In the interests of: Dr. Bekaevna
IIN 740429402376
Almaty region, Enbekshikazakh district, K... 2 street.
+7 705 …..
LEGAL INQUIRY
No. 5/05 dated May 5, 2025
On April 10, 2020, an accident occurred with an employee of Dr. E. Bekaevna at the workplace, namely, on the territory of the employer of MKS LLP in a finished goods warehouse, the driver of an electric loader (kara) With .... B., while performing his duties, driving in reverse, hit the warehouse manager. Dr. E.B., who suffered bodily injuries (the degree of harm to her health, established as a result of a forensic medical examination, was classified as moderate damage).
On May 22, 2024, after the formation of the Accident Investigation Commission, the employer of MKS LLP issued Act No. 1 on labor-related accidents.
Earlier, you sent employee Dr. E.B. notice No. 88 dated 03/04/2025 on termination of the employment contract in accordance with subparagraph 6 of paragraph 1 of Article 52 of the Labor Code of the Republic of Kazakhstan. The notification indicates that the grounds for termination of the employment contract were: 1) Conclusion of the medical advisory commission No. 57 dated 02/18/2025; 2) Certificate of the degree of UOT No. 3240363-911 dated 11/04/2024; 3) Act of medical and social expertise No. 1240363-2100 dated 11/04/2024.
According to clause 3, Article 61 of the Labor Code of the Republic of Kazakhstan, a copy of the employer's act on termination of the employment contract is handed to the employee or sent to him by registered mail with a notification of its delivery within three working days from the date of publication of the employer's act.
However, the employee, Dr. E.B., has not yet read the order to terminate the employment contract.
According to paragraph 2, Article 76-1 of the Law of the Republic of Kazakhstan "On Advocacy and Legal Assistance", state bodies, local governments and legal entities are required to provide a written response to a request from a legal consultant related to the provision of legal assistance within ten working days.
In accordance with subparagraph 2), paragraph 3, Article 76 of the Law of the Republic of Kazakhstan "On Advocacy and Legal Assistance" in order to provide qualified legal assistance and on the grounds of this legal request No. 5/05 dated May 5, 2025, I request that you provide a copy of the order to terminate the employment contract with Dr. E.B. for 10 years. working days.
Please send the order by e-mail islam.ala.1@mail.ru .
With respect,
Legal consultant: Kenesbek I.M.
Note:
Obstruction of the legitimate activities of a legal consultant in accordance with article 668 of the Code of Administrative Offences of the Republic of Kazakhstan and article 435 of the Criminal Code of the Republic of Kazakhstan entails liability established by the legislation of the Republic of Kazakhstan.
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