1. Labor Law #2 Zhanat Alimanov, assistant professor

2. Terms 1. Labor Code – трудовой кодекс 2. Labor Contract (LC) – трудовой договор 3. Civil Contract (CC) – гражданский договор 4. Employer - Работодатель 5. Employee - Работник

3. Plan 1. Differences (Общие черты): Labor Contract vs. Civil Contract 2. Purpose of Labor Law 3. Deed capacity under Labor Law (vs. Civil Law)

4. Table Work Labor Law Employment Contract Civil Law Services Contract

5. 2. Differences (Общие черты)

6. 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.

7. 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.

8. 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?

9. Example 2 What does it mean fire an employee?

10. Example 2 To fire an employee = to rescind the contract (расторгнуть)

11. Example 2 Civil Law Can Andrei fire Volodya? Find yourself in the Civil Code.* Does Andrei need to pay money? Find yourself in the Civil Code.* Labor Law Can Andrei fire Volodya? Find yourself in the Labor Code.* Does Andrei need to pay money? Art. 1, 23 & 134 *Look for «расторжение договора и последствия)

12. Example 2 What are the differences between Civil & Labor Law Contracts?

13. I. IEC vs. SC 1. Regulated by Labor Law Civil Law 2. Different consequences 1. Termination of contract 2. Payment 3. Holidays 4. Weekends 5. Paid vacations

14. 3. Purpose of Labor Law

15. Purpose to protect rights and interests of parties to employment relationships to set minimum guarantees of rights and freedoms

16. 4. Deed capacity: Art. 22 & 17 Civil Code vs. art. 30, KZ Labor Code) Can Volodya, 16 years of age, be employed by government? Can Volodya, 16 years of age, be employed 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?

17. Employee (art. 30, KZ Labor Code) 18 years for government service (art. 13, Statute on Government service) 16 years 15 years of age a. written consent of parents or guardians b. finished secondary education 14 years of age a. written consent of parents or guardians b. parents or guardians must sign IEC c. job not hindering education process d. non-hazardous to health

18. Employee (art. 30, KZ Labor Code) Younger than 14 years 1. job in 2. written consent of parents of guardians a. movie making (фильмы) b. circus c. theatres d. Concerts 3. non-hazardous to health or moral welfare

19. Differences CIVIL CONTRACTLABOR CONTRACT Name of Parties (art. 683)Name of Parties (art.24) Form (art. 151) Oral and WrittenForm (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)