Nurzhan Altaev: "No employment center can force an employer to hire an employee by recommendation!"
Deputy Chairman of the Board of NCE commented on the provision of the law on the need for employers to provide information about available vacancies
In some regions of the country among entrepreneurs started the hype about submission of reports on vacancies. According to them, if they do not submit before 1st of October information about all vacancies in the enterprise, they will face a fine.
As explained Nurzhan Altaev, this information is incorrect and the rule of law is interpreted incorrectly.
"Firstly, this rule regarding submitting reports on vacancies arising within three days was introduced in the Employment Act in 1998. In 2001, in the Administrative Code of the Republic of Kazakhstan was approved the responsibility for the failure to deliver reports in the form of an administrative fine in the amount of 10 MCI. Later the reporting form was approved, which businesses and entrepreneurs had to submit according to this norm of legislation. This year, this form has been slightly changed. In fact, the law has not changed since 1998. But after the adoption of this order in mass media, the information held in the social networks that all businesses, even those who do not have vacancies must submit reports, and if they do not, an administrative fine will be imposed on them. This is absolutely wrong information", - said Deputy Chairman of the National Chamber of Entrepreneurs of Kazakhstan "Atameken" Nurzhan Altaev. According to him, under the law this form is submitted only if an employer has any vacancies. "In this case, within three days, the emplyer must inform the employment center about a vacancy. If there are no vacancies, there is no need to submit any reports. Now for some reason, entrepreneurs have rushed to fill in the so-called empty forms even when there is no vacancy. This is not true. If someone in the regions forces you to submit such reports, despite the fact that the entrepreneur has no vacancies, please contact the Regional Chamber of Entrepreneurs or the prosecutor's office", - explained the issue Nurzhan Altaev.
Deputy Chairman of the Board of NCE drew attention to another point. Now among entrepreneurs and the public in social networks there is talk that if an employer hires a person, he has to hire unemployed people, who are registered at the employment center. "This is again incorrect information! According to RK Constitution, every employer has the right to employ a person on his own, he determines whom to hire, and no employment center can’t force an employer to hire a man, who is registered at the employment center! Therefore, I appeal to all businessmen, the media: this information should be communicated properly, that no one can force an employee to hire an unemployed person at the employment center, the employer himself it makes a decision and it is written in the Constitution", - said on this occasion Nurzhan Altaev!.
He also commented on some publications, which appeared in media, that NCE approved the adoption of the order of Minister of Health and Social Development "On approval of forms of administrative registration for the presentation of information on demanded occupations and job vacancies for inclusion in the database of current vacancies and projected jobs in July of this year.
"Firstly, as I said above, this rule is valid since 1998. That is, nothing has changed, except for the introduction of more simplified forms. The second point: the National Chamber of entrepreneurs consists of its members - various industry associations. This work was carried out and a draft order was approved by all industry associations. Associations supported the adoption of this order, because everybody understands that employment issues today are very acute and may at some point lead to social tension in society. Association of Union of Employers, realizing how sensitive this issue is for the company, approved the order of the Ministry of Health and Social Development. Yes, if you have a vacancy, you must notify the employment centers. And it is interesting for employers, because the personnel issue is very important, and if there is a vacancy, it is necessary to fill it in. Again, this order did not introduce anything new ", - concluded the deputy chairman of the Board of NCE N. Altaev.
As further explained the Minister Health and Social Development Tamara Duysenova, according to the norm of law, adopted in 1998, all employers are required to provide information about available vacancies. "This norm is preserved, we do not touch. The only thing - we have simplified reporting form for convenience for employers earlier this reporting was cumbersome. And during the formation of the form, we were guided by the recommendations of the employers themselves. With regard to the rules for employers on 1st of April and 1st of October about provision of information on available, it is voluntary. But if there is a need in personnel for the next year, we can provide information to the Ministry of Education in order to prepare workers in demand", - she noted.
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