Non-payment of wages and other payments established by law to employees is an encroachment on the fundamental constitutional rights of a person and a citizen.
Plaintiff M. filed a lawsuit against O LLP to recover wages in the amount of 242,960 tenge and compel her to transfer mandatory pension contributions to the unified accumulative pension fund of 47,296 tenge. The claims are motivated by the fact that she has been working as a lawyer at O LLP since March 03, 2014, and the employer has not paid her salary for 4 months, which resulted in a debt, which has a certificate issued by the employer. At the hearing, the plaintiff M. She supported the stated claims, explaining that the defendant violated the employee's rights by not paying wages. After listening to the arguments of the plaintiff, the prosecutor's conclusion on the satisfaction of the claim, and examining the materials of the civil case, the court came to the following conclusions. Article 24 of the Constitution of the Republic of Kazakhstan enshrines the constitutional right of citizens to timely remuneration. By virtue of the provisions of this norm, non-payment of wages and other payments established by law to employees is an encroachment on the fundamental constitutional rights of man and citizen. Paragraph 41 of Part 1 of Article 1 of the Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Labor Code) stipulates that wages are remuneration for work depending on the employee's qualifications, complexity, quantity, quality and conditions of work performed, as well as compensatory and incentive payments. According to paragraphs 1, 5 of part 1 of Article 23 of the Labor Code, the employer is obliged to comply with the requirements of the labor legislation of the Republic of Kazakhstan, agreements, collective agreements, labor contracts, acts issued by him, timely and in full to pay the employee wages and other payments provided for by regulatory legal acts of the Republic of Kazakhstan, labor, collective agreements, acts of the employer. On March 03, 2014, M. was hired as a lawyer at O LLP, and the salary was set by the staffing table. The court session found that the plaintiff's salary was not paid on time, according to the settlement Bulletin of the Supreme Court of the Republic of Kazakhstan No. 8/2015 42 sheet, the debt amounts to 242,960 tenge. According to clause 5.1, 5.2 of the employment contract concluded on March 03, 2014 between LLP "O" and M., the employee is paid an official salary of 70,000 tenge. Wages are paid in cash: monthly, no later than the 10th day of the month following the month worked. In accordance with article 22-1 of the Law "On Pension Provision in the Republic of Kazakhstan", mandatory pension contributions are payable to the unified accumulative pension fund in the amount of 10% of the employee's monthly income. According to the salary certificate, the wage arrears to M. amount to 242,960 tenge, the arrears on mandatory pension contributions to the unified accumulative pension fund amounted to 47,296 tenge. According to part 1 of Article 116 of the CPC, the costs associated with the proceedings and the state fee, from which the plaintiff was exempt, are collected from the defendant, who is not exempt from paying court costs, to the state's income in full or in proportion to the satisfied part of the claim. Based on the above, M.'s claims for collecting wages and forcing the transfer of pension payments to LLP "O" have been satisfied. Wage arrears in the amount of 242,960 tenge were collected from LLP "O" in favor of M. The court ordered LLP "O" to transfer mandatory pension contributions in the amount of 47,296 tenge to the unified accumulative pension fund in the name of M., and collected a state duty in the amount of 3,355 tenge from LLP "O" to the state income.
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