Pre-trial complaint to the Police Department about illegal
Attention!
The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.
State Institution "Almaty City Police Department" Ministry of Internal Affairs of the Republic of Kazakhstan"
BIN ___________________ Almaty, Almalinsky district, ul. ___________________.
from: ___________________ IIN: ___________________ phone: 8 ___________________.
Proxy representative: Law and Law Law Company LLP
represented by CEO Galymzhan Turlybekovich Sarzhanov
IIN: 850722301036. Almaty, Abylai Khan str. No.79/71, office No. 304.
info@zakonpravo.kz phone: 8 708 578 57 58.
Pre-trial claim
Earlier, the Almaty City Police Department (hereinafter referred to as the DP of Almaty) wrote №___________________ On November __, 20__, Police Major _____ was seconded from the Shymkent City Police Department (Shymkent City Police Department).______________, Previously, he held the position of Deputy head of the Al-Farabi district Department of the Shymkent City Police Department. Further, based on the letter №___________________ from __ November 20__, Almaty city Police Department, Police Major ___________________ for the promotion of service in law enforcement agencies by order №___________________ from __ December 20__ of the year DP Shymkent was relieved of his post to be placed at the disposal of the Almaty City Police Department. Then, according to the above order, the police major ___________________, In order to fulfill his official duties, he went to the city of Almaty to fill vacant positions in the Almaty city Police Department. But upon arrival ___________________, HR staff of the DP G. Almaty has not yet been able to appoint a seconded police major. ___________________ To make matters worse, more than 6 months have passed since the issuance of the above-mentioned order and today ___________________, not appointed to the position.
Pre-trial complaint to the Police Department about illegal
Article 22 of the Labor Code of the Republic of Kazakhstan provides for the rights of an employee, where he may require the Employer to comply with the terms of the employer's acts; obtaining complete and reliable information on the state of working conditions and labor protection; timely and full payment of wages in accordance with the terms of labor and collective agreements; payment of downtime in accordance with this The Code. Police Major ___________________, If he served in the former position of Deputy Head of the Al-Farabi Police Department of the Shymkent city Police Department, he was to receive the rank of police lieutenant colonel in April 2020. However, due to the failure to obtain a position, the positions of the Almaty city police department, which lasted for more than 6 months, were overdue for the timely receipt of a military rank by a police lieutenant colonel. Which, of course, directly contradicts article 3. The Labor Code of the Republic of Kazakhstan, where the purpose of the labor legislation of the Republic of Kazakhstan is the legal regulation of labor relations and other relations directly related to labor, aimed at protecting the rights and interests of the parties to labor relations, establishing minimum guarantees of rights and freedoms at work. In turn, the DP of Almaty answered the oral question why is the police officer ___________________, Still not appointed to the position, Police Major Aynur gave an oral explanation.: That the Police Department of Only the police major's personal file was requested in Almaty. ___________________, for consideration according to his qualifications, rank, seniority, work experience for appointment to a vacant position.
Thus, in pursuance of the instructions of the DP of Almaty, the DP ofShymkent should have sent only a personal file of a police officer. ___________________ The place of this by the staff of the DPShymkent was sent with a personal file ___________________, but the police officer himself was unlawfully deprived of his position. According to paragraphs 1 and 2 of art. According to Article 24 of the Constitution of the Republic of Kazakhstan, everyone has the right to freedom of work, free choice of occupation and profession, and working conditions that meet safety and hygiene requirements, remuneration for work without discrimination, and social protection from unemployment. Due to the unqualified actions of the personnel officers of the DP Almaty and DP Shymkent, the police major ___________________, He has not been able to get a position for more than six months, besides, he is without means of subsistence without receiving a salary.
The regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated __ October 20__ On some issues of the application of legislation by courts in the resolution of labor disputes stipulates that a change in the working conditions of an employee is allowed if he continues to work in accordance with his specialty, position or profession, appropriate qualifications. Thus, the police major was injured. ___________________, not only moral damage, but also material damage, irreparable damage was done to the image of an excellent police officer.
In accordance with the Air Defense System of the Republic of Kazakhstan On Law Enforcement service, Article 30 provides for the conditions for the transfer of ordinary and junior officers to higher positions - in the order of promotion; to equivalent positions - with the consent of these persons, if necessary, to fill other positions or for more appropriate use, taking into account business and personal qualities, training for a new specialty, as well as for family circumstances, health status, or age.
Pre-trial complaint to the Police Department about illegal
If it is necessary to transfer middle, senior and senior management personnel to other positions, as well as to another locality, the decision on this is made with their consent by the relevant authorized managers, taking into account the training and service experience of these persons, as well as the absence of contraindications for health reasons for them and their family members. The decision on the transfer of rank-and-file and commanding officers is made by order of the head of the law enforcement agency or an authorized head, indicating the grounds for the transfer. Persons of middle, senior and senior management who have been reassigned are subject to secondment to a new duty station after handing over their cases, but no later than one month from the date of receipt of the order, except in cases when these persons are on paid annual leave or on medical treatment. Article 46-1 of the Air Defense System stipulates that in order to resolve the issue of further law enforcement service, employees may be placed at the disposal of a law enforcement agency with dismissal from their posts in accordance with the procedure and on the grounds provided for in this article. A pre-trial complaint to the Police Department about the illegal grounds for placing an employee at the disposal of a law enforcement agency are: the employee's application with a report on dismissal from his post and remaining at the disposal of a law enforcement agency at his own request; The employee's dismissal from his post and placement at the disposal of a law enforcement agency are carried out on the basis of an order from the head of the law enforcement agency or an authorized head for a period not exceeding exceeding fifteen calendar days.
In exceptional cases caused by special circumstances, this period may be extended by the head of the law enforcement agency for up to two months. An employee placed at the disposal of a law enforcement agency retains the salary for the last position. Employees who have been dismissed from their positions and are at the disposal of a law enforcement agency, who have not used their salary, are paid in the amount received for their main position by the day they are placed at the disposal of the law enforcement agency, regardless of the length of their stay at the disposal. The head of a law enforcement agency or an authorized head is obliged to offer a position in writing to an employee at the disposal of the law enforcement agency in compliance with the requirements of this article. When appointing an employee at the disposal of a law enforcement agency, his qualifications, rank, qualification class, seniority, work experience, and previous position must be taken into account.
Pre-trial complaint to the Police Department about illegal
Based on the above, in these circumstances, we ask that you:
Appoint a police major ___________________, for an equivalent position in the DP of the city of Almaty;
To restore the missed deadline for obtaining the special military rank of police lieutenant colonel;
Provide a copy of the document that served as the basis for sending the outgoing email. №___________________ dated November __, 20__, from the city of Almaty and a copy of this letter.
We suggest that you voluntarily comply with our requirements, or we will have to apply to the Ministry of Internal Affairs of the Republic of Kazakhstan and or the supervisory and judicial authorities in accordance with the legislation of the Republic of Kazakhstan. 152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim and the court leaves the statement of claim without consideration if the plaintiff has not complied with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure has not been lost and preserved. Since this procedure is not prohibited by any of the regulatory acts of the Republic of Kazakhstan, we hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.
Yours sincerely,, _____________/ ___________________ "___" _____________2020 the year
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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