Employers in Kazakhstan do not have the right to impose monetary fines for lateness, mistakes at work and other violations of labor discipline. Such punishments are not provided for by the Labor Code, the Ministry of Labor and Social Protection of the Population of Kazakhstan explained on October 31. This was reported by Qazaqyia.kz citing Kursiv Media.
The ministry emphasized that an employer has the right to demand compliance with the work schedule, the company's internal rules and the performance of job duties. However, violation of these requirements does not give the employer the right to independently establish fines and deduct money from an employee's salary.
Article 64 of the Labor Code of Kazakhstan provides for four types of disciplinary sanctions:
- 01remark;
- 02reprimand;
- 03severe reprimand;
- 04termination of the employment contract.
Other disciplinary punishments, if they are not established by the laws of Kazakhstan, are prohibited.
For example, if an employee is 20 minutes late for work, the manager cannot fine him 10 thousand tenge and withhold this amount from his salary. Instead, the employer has the right to apply a disciplinary sanction provided for by law if there are grounds for it.
However, even a remark or reprimand cannot be announced without following the established procedure. Before applying a sanction, the employer must request a written explanation from the employee.
When determining the punishment, it is necessary to take into account the severity of the violation, its nature and the circumstances of the incident. Dismissal is also allowed only on the grounds established by the Labor Code.
The Ministry of Labor separately explained the difference between monetary fines and lawful deductions from wages.
Article 115 of the Labor Code of Kazakhstan provides for cases when an employer has the right to withhold certain amounts from an employee's income. In certain other situations, withholding is possible with the written consent of the employee.
However, these provisions do not allow the employer to introduce its own system of fines for lateness, mistakes or other disciplinary offenses.
For example, a company's internal rule on a fine for every minute of lateness does not become legal simply because the employer has included it in corporate documents.
The ministry recalled that labor legislation is mandatory for both parties to labor relations. Employees must observe discipline, and employers must use only sanctions permitted by law and comply with the procedure for their application.