The report does not provide for consideration of the issue of paying the employee the average salary or the difference in wages during the delay in the execution of the decision of the conciliation commission or the court (as part of enforcement proceedings on the recommendation of the bailiff or filing a separate statement of claim).
According to the employment contract, the employer is obliged to provide the employee with work according to the stipulated labor function, and to pay the employee wages and other stipulated payments on time and in full. In accordance with paragraph 3 of Article 10 of the Labor Code, an employer does not have the right to require an employee to perform work that is not stipulated by an employment contract, except in cases provided for by the Labor Code and the laws of the Republic of Kazakhstan, and the terms of the employment contract cannot be changed unilaterally by the employer. The unlawful deprivation of an employee of the opportunity to work according to a stipulated labor function and on the terms of an employment contract concluded in accordance with Article 121 of the Labor Code entails the financial responsibility of the employer. Financial liability is expressed in compensation to the employee of wages and other payments due to the employee in accordance with labor, collective agreements, acts of the employer, labor legislation of the Republic of Kazakhstan.
In accordance with Article 161 of the Labor Code, an employee who is reinstated at his previous job is paid the average salary for the entire time of forced absenteeism (suspension from work) or the difference in wages during the performance of lower-paid work in case of illegal transfer to another job, but not more than six months. The decision of the conciliation commission or the court for the consideration of an individual labor dispute on the reinstatement of an employee at his previous job is subject to immediate execution.
If the employer delays the execution of the decision on reinstatement, the conciliation commission or the court decides to pay the employee the average salary or the difference in wages during the delay in the execution of the decision. Consequently, if the party to the dispute fails to comply with the decision of the conciliation commission within the time period specified in the decision, the applicant has the right to apply to the conciliation commission with a claim for payment to the applicant of the average salary or the difference in wages during the delay in the execution of the decision of the conciliation commission.
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