On recognizing the order to terminate the contract as illegal, collecting wages for absenteeism, and collecting compensation for moral damage
January 29, 2026 case No. 1952-25-00-2/5579 Car
The Asaysky district court of the Almaty region, composed of the presiding judge Shoybekov A.Zh.,
under the secretary of the court session, D.B. Muratbekova.,
He considered the civil case on the claim in open court.
THE PLAINTIFF: DEB
DEFENDANT: Limited Liability Company "MKC"
THIRD PARTIES WHO DO NOT MAKE INDEPENDENT CLAIMS ON THE SUBJECT OF THE DISPUTE:
1) The Republican State Institution "Department of the State Labor Inspection Committee of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan in the Almaty region" (hereinafter referred to as the Department)
2) Joint Stock Company "Eurasia Life Insurance Company" (hereinafter – JSC "KCJ Eurasia")
3) S.B. Abusadykovich
PLAINTIFF'S CLAIMS:
1) the recognition of the order to terminate the contract as illegal
2) about collecting wages for absenteeism
3) on the recovery of compensation for moral damage
On September 1, 2021, an employment contract No. 123-21 was concluded between the employer of MKS L. LLP (hereinafter referred to as the Defendant) and the employee D.E. B. (hereinafter referred to as the Plaintiff). Based on the Defendant's order no. - 268 bos dated September 01, 2021, the Plaintiff was hired as a storekeeper.
On April 10, 2024, an accident occurred with the Plaintiff at the workplace, namely, on the Defendant's territory in a finished goods warehouse, the driver of an electric loader (kara) Seitkenov B., while performing his duties, driving in reverse, hit the warehouse manager Du E.B., who received bodily injuries (the degree of harm to health established in the as a result of a forensic medical examination, it was classified as moderate damage).
The injury caused a significant and persistent deterioration in the Plaintiff's health, which is confirmed by the act of medical and social expertise No. 1240363-2100 dated November 04, 2024, according to which Doi E.B. established the third disability group, loss of general working capacity of 50% and professional working capacity of 55%, while the degree of ability to work is defined as the first, which indicates persistent disability. The nature and extent of the injuries, the need for surgical intervention, subsequent long-term treatment, rehabilitation and limitation of motor function directly indicate the severity of the damage caused.
On March 5, 2025, the employer issued Order No. 66 l/s on termination of the employment contract with Doya E.B. under subparagraph 6) of paragraph 1 of Article 52 of the Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Labor Code) "Employee's inconsistency with his position or work due to his health condition."
The termination of the contract was caused by the fact that DE.B. did not provide the relevant documents - the conclusion on the extension of the temporary disability certificate / medical reports, commission decisions or acts of the medical commission (VCC), whether it was necessary to conduct a second medical commission (VCC) or the referral of Doy E.B. for a medical and social examination (ITU) in connection with with a long period of disability.
The claims of the claim are motivated by the fact that the employer offered Doi E.B. light work only after conducting an inspection of the labor inspectorate and sending the inspector's recommendations to the employer. So, as indicated in the official response of the Department, only on October 20, 2025, MKS LLP sent Doi E.B. a notification of the provision of light work (the position of a video surveillance operator), which directly confirms: Prior to the intervention of government agencies, the employer had not taken any measures to comply with medical recommendations and preserve the workplace. In addition, the defendant has not reimbursed the actual expenses incurred for treatment and rehabilitation. Taking into account the clarification of the claims, the plaintiff does not want to be reinstated to his previous job, and requests that the rest of the claim be satisfied in full.
According to the respondent's response, based on the results of the audit, an Act on the results of the audit No. 9780 dated October 22, 2025 was drawn up, according to which no violations were identified by the Plaintiff in the statement of claim regarding the illegality of the order to terminate the employment contract; the facts cited by the Plaintiff as grounds for reinstatement were confirmed during the audit. they did not find it; the legality of issuing an order to terminate an employment contract was the subject of an assessment by the state labor inspector and was found to comply with the requirements of the Labor Code of the Republic of Kazakhstan. Thus, the Plaintiff's arguments about the illegality of the dismissal are refuted by the official materials of the audit conducted by the authorized state body.
According to a review by the State Labor inspector for the Almaty region, on October 20, 2025, Doi E.B. was notified of the provision of light labor. In case of disagreement of Doi E.B. with the proposed job of the employer of light labor, it was recommended to contact the conciliation commission of the LLP.
The plaintiff's representative, Kenesbek I.M., asked to satisfy the claim, taking into account the clarification of the claim.
The representative of the defendant, Valiev D.T., supported the arguments set out in the review and asked to dismiss the claim.
The representative of the third party of the Department, R.T. Abdanbayeva, supported the conclusion, and left the dispute to the discretion of the court.
The representative of the third party of JSC "KCJ Eurasia", D.S. Matzhanov, explained to the court that the insurance payment had been paid to the plaintiff, leaving the dispute to the discretion of the court.
By virtue of Article 196 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), the case was considered without the participation of a third party, B.A. Seitkenov.
The case file established that the Plaintiff's workplace accident occurred on April 10, 2024.
In accordance with the order of the Minister of Health of the Republic of Kazakhstan dated November 24, 2020 No. KR DSM-200/2020 "On approval of the rules for temporary transfer to lighter work for health reasons", if there is a conclusion of the HCC, the employer is obliged to consider the issue of temporary transfer of the employee to lighter work for the period specified in the medical report.
According to the medical and social expertise Act No. 1240363-2100 dated November 04, 2024, she was diagnosed with the third disability group, loss of general working capacity in the amount of 50% and professional working capacity - 55%. At the same time, section 2 of the act states: "The ability to work
The plaintiff, who was signed with JSC KSJ Eurasia on October 03, 2023, received insurance payments in the amount of 1,187,499 tenge.
No evidence has been provided to the court of the illegality of the order.
The court draws attention to the fact that in relation to a third person, the loader driver With B.A., the criminal case registered in ERDR No. 247519031000959 was terminated on November 13, 2024 under Article 68 of the Criminal Code of the Republic of Kazakhstan, in connection with the reconciliation of the parties.
In court, the plaintiff's representative explained that the plaintiff had received 2,000,000 tenge from a third party from Seitkenov B.A. as compensation for the damage caused.
The court found that the Plaintiff currently does not want to return to his previous job.
According to paragraph 4 of Article 8 of the Civil Code of the Republic of Kazakhstan, citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs, as well as the rules of business ethics.
This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed.
In these circumstances, the court, based on the criteria of fairness and reasonableness, concludes that there are no grounds for satisfying the claim.
Guided by Articles 223-226 of the CPC, the court DECIDED:
Doy E B's claim against the limited liability company MKC L s for declaring the termination of the employment contract illegal, collecting wages for absenteeism and compensation for moral damage should be left without satisfaction.
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