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Labor Law #2

Labor Law #2. Zhanat Alimanov, assistant professor. Terms. Labor Code – трудовой кодекс Labor Contract ( LC ) – трудовой договор Civil Contract ( CC ) – гражданский договор Employer - Работодатель Employee - Работник. Differences ( Общие черты) : Labor Contract vs. Civil Contract

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Labor Law #2

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  1. Labor Law #2 Zhanat Alimanov, assistant professor

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

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

  4. Table

  5. 2. Differences (Общие черты)

  6. 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

  7. 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

  8. 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

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

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

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

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

  13. I. IEC vs. SC • Regulated by • Labor Law • Civil Law • Different consequences • Termination of contract • Payment • Holidays • Weekends • 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 3. Purpose of Labor Law

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

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

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

  19. Differences

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