Violation of wage requirements Expiration of the limitation period for administrative liability is the basis for termination of administrative proceedings.
By Resolution No. 239 of the State Labor Inspector of East Kazakhstan Region dated November 30, 2017, IP A. was brought to administrative responsibility for committing an offense under part 1 of Article 87 of the Code of Administrative Offenses of the Republic of Kazakhstan (hereinafter referred to as the Administrative Code), with a fine of 60 monthly calculation indices (hereinafter referred to as MCI) in the amount of 136,140 tenge. By a decision of the Zyryanovsky District Court of East Kazakhstan Region dated December 22, 2017, the said decision was left unchanged, and A.'s complaint was dismissed. It follows from the case file that during the inspection conducted by the State labor inspector of East Kazakhstan Region from May 3 to May 25, 2017, violations were revealed in respect of IP A. for non-payment of wages for overtime, work on holidays in respect of two employees I., B. for the period from December 2014 to March 2017. The offender was fined 60 MCI in the amount of 136,140 tenge. By the decree of the State Labor Inspector of East Kazakhstan Region No. 116 dated May 26, 2017, IP A. was brought to administrative responsibility for these violations under part 3 of Article 87 of the Administrative Code. In the period from November 14 to December 20, 2017, the State Labor Inspector of East Kazakhstan Region conducted a second inspection. It was revealed that during the same period, IP A. did not receive a penalty for late payments in the amount of 1,062 tenge and 1,118 tenge, respectively, in favor of the same two employees.
Violation of wage requirements Expiration of the limitation period for administrative liability is the basis for termination of administrative proceedings.
By the contested resolution of the State Labor Inspector of East Kazakhstan Region, which was left unchanged by the resolution of the Zyryanovsky District Court of East Kazakhstan Region dated December 22, 2017, IP A. was brought to administrative responsibility under part 1 of Article 87 of the Administrative Code with a fine of 60 MCI, that is, 136,140 tenge. In fact, the issue of paying overdue penalties in favor of employees is related to the same violation for which IP A. was brought to administrative responsibility on May 26, 2017. At the time of the initial inspection in May 2017, this violation had occurred. Moreover, the state inspector was officially notified on June 5, 2017 about the execution of the order based on the results of the previous inspection. That is, he was aware of the non-deduction and non-payment of penalties by IP A. from the same time. In accordance with part 1 of Article 62 of the Administrative Code, IP A. could have been brought to administrative responsibility under part 1 of Article 87 of the Administrative Code on August 5, 2017. However, the state inspector did not initiate administrative proceedings in a timely manner, and therefore the deadline for bringing IP A. to administrative responsibility has expired. Resolution No. 238 of the State Labor Inspector of the East Kazakhstan region dated November 30, 2017 and the resolution of the Zyryanovsky District Court of the East Kazakhstan region dated December 22, 2017 violate uniformity in the interpretation and application of legal norms by courts, which, in accordance with subparagraph 3) of part 5 of Article 851 of the Administrative Code, entails their revision. The Specialized Judicial Board of the Supreme Court annulled the judicial acts of the local courts against A. and issued a new decision to terminate the proceedings in the case for the absence of elements of an administrative offense in his actions.
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