Rights and obligations of the employee
15.04.2025 18:08:49 209According to the current labor legislation, the labor relations between the employee and the employer imply the existence of the employee's rights and duties.
The basic rights and duties of the employee are specified in Article 22 of the EC of the RK. First, let's consider the labor duties and rights of the employee as subjects of labor relations.
According to the Labor Code of the Republic of Kazakhstan (hereinafter - EC of the Republic of Kazakhstan), labor relations are relations between the employee and the employer arising during the exercise of rights and duties provided for in the labor legislation of the Republic of Kazakhstan, agreements, labor, collective agreements and acts of the employer. management, employment, professional training, retraining and development of relations, as well as recognition of the professional qualifications of workers, social partnership, conclusion of collective contracts and agreements, participation of workers (employee representatives) in determining working conditions in the cases provided for by the EC of the Republic of Kazakhstan, resolution of labor disputes and monitoring of compliance with the Labor legislation of the Republic of Kazakhstan. has the right to freely agree to work, has the right to control his own working capacity, choose his profession and type of service.
According to paragraph 1 of Article 22 of the EC of the Republic of Kazakhstan, an employee:
- concludes, changes, supplements, terminates an employment contract in the manner and under the conditions provided by this Code;
2) requires the employer to fulfill the requirements of labor, collective agreements, agreements, employer acts
3) labor safety and labor protection;
4) to receive complete and clear information about working conditions and the state of labor protection;
5) have the right to timely and full salary payment in accordance with the requirements of labor and collective agreements;
in accordance with Article 22 - paragraph 2 of the Labor Code of the Republic of Kazakhstan.
The employee is obliged to:
1) labor duties, to comply with labor, collective agreements, acts of the employer;
2) to maintain labor order;
3) to comply with the requirements for labor safety and labor protection, fire safety, industrial safety and industrial sanitation at the workplace;
4) to take care of the property of the employer and employees;
5) work on the occurrence of a situation that threatens the life and health of people, the preservation of the property of the employer and employees, as well as idleness. to inform the employer;
6) not to disclose state secrets, information constituting official, commercial or other secrets protected by law;
> the fulfillment of the labor function is determined in the case of compliance with certain rules.An employee may be subject to disciplinary liability for failure to perform labor duties.
The procedure for compensation of damage caused to another employee is carried out in accordance with the civil legislation of the Republic of Kazakhstan.
Article 22, paragraph 1 of the EC of the Republic of Kazakhstan defines the basic rights of the employee. The main ones include the right to create, change, supplement and terminate the employment contract in accordance with the procedure and conditions stipulated by the Labor Code of the Republic of Kazakhstan.
The employment contract is the basis for the creation of labor relations, according to which the employee is entitled to wages, vacations, etc. b. such rights are exercised.
Labor freedom established by the Constitution of the Republic of Kazakhstan (Article 24) defines the right of an employee not only to conclude, but also to change, supplement, terminate and terminate an employment contract implemented in accordance with the norms of the labor legislation of the Republic of Kazakhstan.
Source : https://www.gov.kz/memleket/entities/ozsp-timirazevo/press/news/details/965687?lang=kk