What should you know if you work on a harmful (dangerous) enterprise Printable versionLast update: 01.10.2020
For employees working on enterprises accredited as harmful (particularly harmful), or in dangerous working conditions, the law provides encouragements of various kinds. These are: benefits to employees of harmful enterprise, and an additional annual paid vacation and shorter working hours, etc. You will learn more about this in the article.
Shorter working hours and additional vacation
An ordinary worker, whose specialization is not considered to be harmful (dangerous) for human health working time comprises 40 hours per week, while the workers of harmful (particularly harmful) or dangerous to life enterprise are provided with shorter working hours, which should not comprise more than 36 hours per week.
By the order of acting of RK labor and social protection Minister there is an approved list of enterprises, production units, professions and positions, as well as the list of heavy works, works with harmful (particularly harmful) and/or dangerous conditions under which employees of such enterprises are entitled to a higher salary, shorter working hours, an additional annual paid vacation.
Additional annual paid labor vacation is provided in accordance with actually worked hours on a harmful enterprise. If a person had been working for the whole calendar year on a harmful enterprise then he is provided additional paid vacation in a full amount. Period of additional vacation is determined in approved list of harmful enterprises (professions).
As a main labor vacation, additional vacation can be taken in a full size or partially and for unused additional vacation employee is entitled to appropriate compensation.
One should note, that employees of outside agencies for example repair or building ones for the period of work in production departments with harmful labor conditions are also provided with additional labor vacation, and shorter working hours on the same conditions that provided for regular employees.
The employer on his own expenses must organize periodic medical checks and examinations of workers occupied on hard works, wotks with harmful and dangerous work conditions in accordance with procedure established by the legislation of the Republic of Kazakhstan.
Benefits to employees of harmful enterprise
First type of benefit, where the payment comprises 9,42 MCI. Benefitы will be available for citizens whose work experience on harmful enterprises (according to the list №1) comprise:
- men- upon reaching the age of 53 years or having work experience no less than 20 years therefrom until January 1, 1998 work experience on indicated works must comprise no less than 10 years;
- women – upon reaching the age of 48 years and having work experience no less than 15 years therefrom until January 1, 1998 work experience on indicated works must comprise no less than 7 years 6 months.
Second type of benefit, where payments comprise 8,38 MCI. Benefit is available for citizens whose work experience on harmful enterprises (according to the list №2) comprises:
- men- upon reaching the age of 58 years or having work experience no less than 25 years therefrom until January 1, 1998 work experience on indicated works must comprise no less than 12 years 6 months;
- women – upon reaching the age of 53 years and having work experience no less than 20 years therefrom until January 1, 1998 work experience on indicated works must comprise no less than 10 years.
Regardless of received salary benefit is paid every month from the «State-owned corporation «Government for citizens» NJSC.
How to get a benefit?
For getting a benefit you need to address «State-owned corporation «Government for citizens» NJSC with required documents. Required documents for getting a benefit:
1) an application of a standard form and for identification - an identification document.
In case of appeal of persons with oralman status, an oralman certificate is presented for identification.
2) information on the bank account number in the authorized organization for the issuance of pensions and benefits or on the cash control account of the institution of the penal system;
3) a certificate from the organization confirming the nature of the work or working conditions;
In case of liquidation of the organization, an archival certificate is submitted indicating the place of work, position, profession, periods of work, number of the archive case, its page, certified by the seal and signature of the director of the archive and archivist, or an electronic copy of the archive document certified by electronic digital signature of an authorized employee of the state archive or departmental archive.
In the absence of archival documents, the nature of the work or working conditions and their compliance with List No. 1 of production, work, professions, positions and indicators in underground and opencast mining, at work with especially harmful and especially difficult working conditions or List No. 2 of production, work, profession , posts and indicators at work with harmful and difficult working conditions, approved by the
Decree of the Government of the Republic of Kazakhstan dated December 19, 1999 No. 1930, are established through the judiciary;
4) documents confirming the seniority:
- employment history;
- certificates of archival institutions, electronic copies of archival documents, certified by electronic digital signature of an authorized employee of the state archive or departmental archive, or from the place of work in the absence or unsuitability of the workbook, the absence of relevant entries in the workbook, corrections, inaccuracies, discrepancies.
Subject to availability:
- education document;
- military ID or certificate of the department (department) for defense affairs;
- birth certificates of children (extract from the birth certificate of birth, or a certificate of registration of an act of civil status issued by the registry office);
- a certificate of rehabilitation issued by prosecution authorities in accordance with article 10 of the Law of the Republic of Kazakhstan "On the rehabilitation of victims of mass political repression";
- certificate of the military commissariat about participation in hostilities;
- a court decision confirming the fact of implementation and the period of care for a disabled person of the first group, a lonely disabled person of the second group and an old-age pensioner who need assistance, an elderly person who has reached eighty years of age, and a disabled child under the age of sixteen;
- a document confirming the residence abroad of the spouse of an employee of institutions located in the territory of the Soviet Union, institutions of the Republic of Kazakhstan, an international organization;
- a document confirming the residence of the spouse of a soldier, an employee of a special state body in areas where there was no possibility of finding a job in a specialty;
- a document confirming the labor activity in the country of departure of ethnic Kazakhs who arrived in the Republic of Kazakhstan for the purpose of permanent residence in their historical homeland.
To confirm the care of an unemployed mother for young children, one of the following documents is submitted (depending on their availability):
- an identity document for children;
- a marriage certificate (certificate of registration of acts of civil status) or a certificate of divorce or an extract from the act of marriage (when changing the name) of the children;
- certificate of completion of a secondary educational institution for children;
- a diploma of completion of a secondary special or higher educational institution or a certificate of an educational institution confirming the education of children;
- a document confirming the place of registration for the permanent residence of children;
- certificate of death of children (either an act of death or a certificate of registration of an act of civil status issued by the civil registry authorities);
- a document confirming the passage of military service for children;
Submission of documents is not required if it is possible to obtain them from state information systems.
When submitting documents drawn up in a foreign language, the notary attests to the fidelity of the translation of the document into Kazakh or Russian in accordance with subparagraph 9) of paragraph 1 of article 34, article 80 of the Law of the Republic of Kazakhstan “On Notary”.
After providing of the documents to «State-owned corporation «Government for citizens» NJSC within 8 working days you will get the decision on appointment/refuse in appointment of a benefit. You can get information on appointment of state special benefit online through e-government portal.
In case of state special benefit recipient death, family members and person implementing a burial are paid with single payment for burial in size of 15,7 MCI.
Mandatory professional pension contributions
From January 1, 2014, in addition to the mandatory pension contributions of employees (in the amount of 10% of the salary), mandatory professional pension contributions (hereinafter referred to as the PPS) are transferred in the amount of - 5% of the wage fund.
At the same time, employers list PSAs only for those types of industries that are classified as harmful, and only for those people who are employed in them.
The list of types of industries and the list of professions of workers employed in hazardous industries was approved by the Government of the Republic of Kazakhstan No. 1562 dated December 31, 2013.