The right to work conditions that meet the requirements of safety and hygiene, and remuneration for work without discrimination.

B., S., T. filed a lawsuit with the KSU "O" Department of Education of the Shemonaikhinsky district to recover additional wages for the period from April 2014 to January 2015 in the amount of 27,975 tenge, imposing the obligation to make additional wages monthly and provide additional paid leave annually, subsequently changed the requirements and asked to collect additional remuneration for environmental work at the rate of 1.5 MCI per month for the period from April 2014 to February 2015, with the exception of one month in 2014. while on work leave, in total in the amount of KZT 28,170 to each plaintiff, and recognize their right to receive monthly environmental payments and annual paid environmental leave from the employer for the period of their residence and work in the high-radiation risk area.

The plaintiffs motivated their claims by the fact that, while working at KSU "O", until April 2014. Since April 2014, in violation of the provisions of the Law of the Republic of Kazakhstan "On Social Protection of citizens affected by nuclear tests at the Semipalatinsk Nuclear Test Site" (hereinafter referred to as the Law), the defendant, citing their lack of environmental certificates, stopped making additional payments in the amount of 1.5 monthly calculation index and providing annual additional paid leave in the amount of 10 calendar days for living in a high-radiation risk area. At the hearing, the plaintiffs B., S., T. The stated requirements were supported and explained that they had not previously lived in a high-radiation risk area, therefore they did not have environmental certificates. However, since they are currently permanently residing in a high-radiation risk area, they are also subject to the Law, which is confirmed by the responses from the Department of the Committee for Labor, Social Protection and Migration in East Kazakhstan Region and from the Office of the State Labor Inspectorate of East Kazakhstan Region. The calculation of the unpaid amounts on ecology is made as follows: 1852 (MCI in 2014) x 1.5 x 8 (months in 2014, starting from April to December with the exception of one month of work leave) + (1982 (MCI in 2015) x 1.5 x 2 (January, February 2015) = 28 170 tenge.

At the hearing, the defendant's representative, the chief accountant of KSU "O" E., did not recognize the claims and explained that since April 2014, based on the requirements of Article 11 of the Law, the school's management decided to terminate additional pay and annual additional compensation for employees who do not have a certificate of citizens affected by nuclear tests. paid leave for living in a high-radiation risk area. Considering that the decision taken by the school's management is fully consistent with the requirements of the Law, the responses of the Ministry of Health and Social Development of the Republic of Kazakhstan provided on the Internet resource on additional remuneration, explanations in the journal "Accountant's Bulletin", I asked the court to dismiss the claim in full. Having heard the parties, having examined the presented evidence, including documents confirming that the plaintiffs are in an employment relationship with the defendant, after listening to the conclusion of the prosecutor, who did not object to the satisfaction of the claims, the court found the claim to be satisfied.

In accordance with paragraph 1 of Article 2 of the Labor Code of the Republic of Kazakhstan, the labor legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of this Code, the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan. In accordance with part 2 of Article 24 of the Constitution of the Republic of Kazakhstan, everyone has the right to working conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination. In accordance with article 13 of the Law, the population living in the territory of the Shemonaikha district of the East Kazakhstan region is entitled to additional remuneration for living in a high-radiation risk area in the amount of 1.5 monthly calculation indices and annual additional paid leave in the amount of 10 calendar days. In accordance with article 2 of the same Law, the law applies to citizens living in the districts and cities of the Semipalatinsk region and the corresponding districts of the Pavlodar, East Kazakhstan and Karaganda regions that have been contaminated with radioactive substances as a result of nuclear weapons tests.    Consequently, plaintiffs – employees of KSU "O" have the right to social support provided by law. By virtue of the requirement of article 11 of the same Law, the certificate of a citizen who suffered as a result of nuclear tests is a document confirming the right to benefits and compensation provided for by Law. The Court considers that additional wages and annual additional paid leave are not benefits and compensations, but are measures of social support for the population by the State (Article 13 of the Law). The list of benefits and compensations for which it is necessary to present a certificate of a citizen who suffered as a result of nuclear tests is provided for in article 12 of the same Law. Therefore, in order for the plaintiffs to receive additional wages and annual additional paid leave, that is, social support from the state provided to the population living in contaminated territories, the presentation of a certificate of a citizen affected by nuclear tests is not required.

The Court also examined responses from the Department of the Committee for Labor, Social Protection and Migration in East Kazakhstan Region and from the Office of the State Labor Inspectorate of East Kazakhstan region, according to which the provisions of Article 13 of the above-mentioned Law apply not only to victims, but also to the population living in polluted territories. The court verified and recognized the correct calculation of the amounts of environmental wages not received by the plaintiffs: 1852 (MCI in 2014) x 1.5 x 8 (months in 2014, starting from April to December, except for one month of labor leave) + (1982 (MCI in 2015) x 1.5 x 2 (January, February 2015) =28 170 tenge. In accordance with Article 116 of the CPC, court costs for the payment of state duty Bulletin of the Supreme Court of the Republic of Kazakhstan No. 8/2015 41 are to be attributed to the republican budget.

Based on the above, the court satisfied the claims in full by B., S. and T. to KSU "O" for the recovery of additional environmental wages and recognition of the right to receive monthly environmental payments and annual paid environmental leave. Additional environmental compensation was collected from KSU "O" in favor of B., S., and T. for the period from April 2014 to February 2015 for 28,170 (twenty-eight thousand one hundred and seventy) tenge to each plaintiff. Recognized by B., S., and T. the right to receive monthly environmental payments and annual paid environmental leave from the employer for the period of their residence and work in the area of increased radiation risk. 

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