Labor Law #2 Zhanat Alimanov, assistant professor.

Labor Law #2

Zhanat Alimanov, assistant professor

Terms

1. Labor Code – трудовой кодекс

2. Labor Contract (LC) – трудовой договор

3. Civil Contract (CC) – гражданский договор

4. Employer - Работодатель

5. Employee - Работник

Plan

1. Differences (Общие черты): Labor Contract vs. Civil Contract

2. Purpose of Labor Law

3. Deed capacity under Labor Law (vs. Civil Law)

Table

Work

Labor Law Civil Law

Services Contract

Employment Contract

2. Differences (Общие черты)

Example 2

Andrei, director of company Arico, hires

accountant Volodya to check and put in

order corporate financial accounts and

to make quarter and annual tax reports.

It takes Volodya one month to check

and put in order company’s financial

accounts.

Volodya worked 16 hours a day,

including weekends and holidays.

Example 2

Let’s assume that Andrei is genuinely

dissatisfied with Volodya’s work, and

he would like to fire (уволить)

Volodya. Andrei thinks that Volodya’s

work is crap, and does not want to pay

any money.

In fact, there were lots of mistakes in

Volodya’s work, and his work was

extremely bad.

Example 2

Civil Law

Can Andrei fire Volodya?

Does Andrei need to pay

money?

Labor Law

Can Andrei fire Volodya?

Does Andrei need to pay

money?

Example 2

What does it mean fire an employee?

Example 2

To fire an employee =

to rescind the contract (расторгнуть)

Example 2

Civil LawCan Andrei fire Volodya? Findyourself in the Civil Code.*

Does Andrei need to paymoney? Find yourself in theCivil Code.*

Labor LawCan Andrei fire Volodya? Findyourself in the Labor Code.*Does Andrei need to pay money? Art. 1, 23 & 134

*Look for «расторжение договора и последствия)

Example 2

What are the differences between

Civil & Labor Law

Contracts?

I. IEC vs. SC

1. Regulated by Labor Law Civil Law

2. Different consequences1. Termination of contract

2. Payment

3. Holidays

4. Weekends

5. Paid vacations

3. Purpose of Labor Law

3. Purpose of Labor Law

Purpose to protect rights and

interests of parties to employment relationships

to set minimum guarantees of rights and freedoms

4. Deed capacity: Art. 22 & 17 Civil Code vs. art. 30, KZ Labor Code)

Can Volodya, 16 years of age, beemployed by government?

Can Volodya, 16 years of age, beemployed by company Arico?

Can Ivan, 15 years of age, be employed?

Can Aina, 14 years of age, be employed?

Can Maria, 7 years of age, be employed?

Employee (art. 30, KZ Labor Code)

18 years for government service (art. 13,Statute on Government service)

16 years

15 years of agea. written consent of parents or guardiansb. finished secondary education

14 years of agea. written consent of parents or guardiansb. parents or guardians must sign IECc. job not hindering education processd. non-hazardous to health

Employee (art. 30, KZ Labor Code)

Younger than 14 years1. job in

2. written consent of parents of guardiansa. movie making (фильмы)

b. circus

c. theatres

d. Concerts

3. non-hazardous to health or moral welfare

Differences

CIVIL CONTRACT LABOR CONTRACTName of Parties (art. 683) Name of Parties (art.24)

Form (art. 151) Oral and Written Form (art. 1 (39)) Only written

Payment upon result (683, 349, 401) Payment upon time (art. 136)

Rescission (Расторжение) Rescission

Terms (art. 2 (2) & 382 & 380) Terms 23 (2/2); 14 &10

Liabilities (ответственность) (349, 350) Liabilities (177, 134 (Labor Code), 148(Criminal Code), 87 (Administrative Code)

Parties(стороны): Any physical & legal entities can be Parties

Parties(стороны): Only legal entities and IE can employ (art. 19, Civil Code)

Does not need to provide work conditions (all equipment, vacation, insurance, etc)

Provide work conditions (all equipment, vacation, insurance, etc) (art. 1 (39)