1) civil service – professional activity of civil servants in the performance of official

authority, aimed at fulfillment of tasks and functions of state enterprises,

government agencies, technical maintenance and functioning of state bodies;

2) civil servant – a person who, in the manner prescribed by the legislation of

the Republic of Kazakhstan, holds a paid staff position in state enterprises and
government agencies and performs official duties in order to implement their tasks
and functions, maintain and ensure functioning of state bodies;

3) the minimum monthly wage – is the guaranteed minimum monthly payments

to an employee of simple unskilled (least complicated) labor in performing his labor
duties under normal conditions and at normal duration of working hours,
established by this Code;

4) special clothing – clothing, footwear, headwear, mittens, other personal

protective items, intended to protect an employee from harmful and (or) dangerous
production factors;

5) heavy work – activities of an employee associated with the constant

movement, relocation and carrying by hand (ten kilograms and more) of weights
and requiring great physical effort (energy consumption more than 250 kcal / h);

6) shift work – work in two or three or four work shifts within 24 hours;

7) social partnership – a system of relationships between employees

(representatives of employees), employers (representatives of employers), state
bodies aimed at ensuring harmonization of their interests in regulation of labor
relations and others directly related to labor relations;

8) general, industrial, regional agreement (hereinafter – an agreement) – a legal

act in the form of a written agreement concluded between the parties to the social
partnership, defining the content and obligations of the parties to establish working,
employment and social security conditions for employees at the national, industrial
and regional levels;

9) the condition of non-competition – the terms of the non-competition

agreement that limit the employee’s right to carry out actions that could damage
the employer;

10) downtime – a temporary suspension of work due to economic, technological,

organizational, other production or nature reasons;
 11) qualification category (rank) – the level of requirements for the qualification
of an employee, reflecting the complexity of the work performed;

12) mediator – an individual or legal entity, engaged by the parties to labor

relations to render services to resolve labor dispute;

13) a leave – the release of an employee from work for a certain period to
ensure the annual rest of the employee or social goals, with retention of his place of
work (position) and the average salary in the cases established by this Code;

14) labor – is a human activity aimed at creating material, spiritual and other
values necessary for life and for meeting the needs of a human being and a society;

15) labor hygiene – a set of sanitary and epidemiological measures and means
for preserving the health of employees, prevention of adverse effects of the working
environment and the work process;

16) labor dispute – disagreements between the employee (employees) and the
employer (employers) on application of the labor legislation of the Republic of
Kazakhstan, implementation or amendment of the terms of agreements, labor and
(or) collective contracts, employer’s acts;

17) working conditions – the terms of payment, standardization of labor,

performance of work-related duties, working hours and rest time, the order of
combining professions (positions), expanding service areas, performing duties of
temporarily absent employee, labor safety and protection, technical, production and
working conditions, as well as other working conditions agreed upon by the parties;

18) the authorized state body for labor – is the central executive body that
administers and ensures inter-industrial coordination in labor relations area in
accordance with the legislation of the Republic of Kazakhstan;

19) a local labor inspection body – is a structural subdivision of local executive

bodies of a region, a city of the republican significance, of the capital, performing
powers within the respective administrative-territorial unit in the area of labor
relations in accordance with the legislation of the Republic of Kazakhstan;

20) payment for labor – is a system of relations connected with compulsory

payment of remuneration to the employee for his work by the employer in
accordance with this Code and other normative legal acts of the Republic of
Kazakhstan, as well as agreements, labor, collective contracts and acts of the
employer;

21) labor relations – the relationship between the employee and the employer
arising in the exercise of rights and obligations provided for by the labor legislation
of the Republic of Kazakhstan, agreements, labor, collective contracts and acts of
the employer;

22) relations directly related to labor relations – the relations that are formed for
organization and management of labor, employment, vocational training, retraining
and advanced training of employees, social partnership, conclusion of collective
agreements and contracts, participation of workers (workers’ representatives) in
establishing working conditions in the cases provided for by this Code, resolution of
labor disputes and control over compliance with the labor legislation of the Republic
of Kazakhstan;

23) labor safety – the state of protection of employees, provided by a set of

measures that exclude the impact of harmful and (or) dangerous production factors
on the employees in the course of work;

24) labor safety conditions – compliance of labor process and production

environment with requirements of labor safety and protection in performance of
labor duties by the employee;

25) monitoring of labor safety and protection – a system for monitoring the state
of labor safety and protection, as well as assessing and forecasting the state of
labor safety and protection;

26) standards in labor safety and protection area – ergonomic, sanitary-

epidemiological, psycho-physiological and other requirements that ensure normal
and safe working conditions;

27) accident related to work activity – the impact on the employee of a harmful
and (or) dangerous production factor in performance of his work (job) duties or
tasks of the employer, which resulted in an industrial accident, sudden deterioration
of health or poisoning of the employee that led to temporary or persistent disability
or death;

28) labor duties – the obligations of the employee and the employer,
conditioned by the normative legal acts of the Republic of Kazakhstan, the
employer’s act, labor, collective contracts;
 29) work experience – time in calendar calculation, spent by the employee to
perform labor duties, as well as other periods included in the length of service in
accordance with this Code;

30) labor discipline – proper performance by the employer and employees of the
obligations established by the normative legal acts of the Republic of Kazakhstan,
as well as by agreements, labor, collective contracts, acts of the employer,
constituent documents;

31) work schedule – the order of regulation of relations for organization of labor
of employees and the employer;

32) labor protection – a system to ensure the safety of life and health of
employees in the work process, including legal, socio-economic, organizational and
technical, sanitary-epidemiological, therapeutic and preventive, rehabilitation and
other measures and means;

33) technical inspector for labor protection – a representative of employees

exercising internal control over labor safety and protection;

34) standardization of labor – determination of necessary labor (time) input to

perform work (production of a unit of output) by employees in specific
organizational and technical conditions and establishment of labor standards on this
basis;

35) safe working conditions – working conditions where the levels of influence of
production factors on employees do not exceed the established standards;

36) employment contract – a written agreement between the employee and the
employer, according to which the employee undertakes to perform certain work
(labor function) in person, observe the work order, and the employer undertakes to
provide the employee with work on the stipulated labor function, provide the
working conditions stipulated in this Code, laws of the Republic of Kazakhstan and
other normative legal acts of the Republic of Kazakhstan, collective contracts, acts
of the employer, pay wages to the employee timely and in full;

37) salary – remuneration for work, depending on qualification of the employee,

complexity, quantity, quality and conditions of the work performed, as well as
compensation and incentive payments;

38) personal protective items – the means, designed to protect the employee
from harmful and (or) dangerous production factors, including special clothing;
 39) an employer – is an individual or legal entity with whom the employee is in
labor relations;

40) representatives of employers – individuals and (or) legal entities, authorized,

on the basis of constituent documents and (or) power of attorney, to represent the
interests of the employer or a group of employers;

41) acts of the employer – orders, resolutions, instructions, rules, regulations,

schedules of shifts, schedules of watches, leave schedules, issued by the employer;

42) declaring of the employer’s activity – the procedure for recognizing the
employer’s activities that meet the requirements of the labor legislation of the
Republic of Kazakhstan on the basis of the application submitted by him;

43) an employee – an individual who is in labor relations with the employer and
who directly performs work under an employment contract;

44) representatives of employees – bodies of trade unions, their associations,

and, in their absence, the elective representatives, elected and authorized at the
general meeting (conference) of employees by a majority of the participants, with
the presence of at least two-thirds of the employees (conference delegates);

45) workplace – the place of permanent or temporary location of an employee in

performance of his labor duties in the course of work;

46) billing of the work – assignment of works to a certain complexity in

accordance with the Unified tariff-qualification reference book of works and
occupations of workers and the Qualification reference book of positions of
managers, specialists and other employees, tariff and qualification characteristics of
occupations of workers and standard qualification characteristics of positions of
managers, specialists and other employees of organizations;

47) working hours – is the time during which the employee, in accordance with
the employer’s acts and the terms of the employment contract, performs labor
duties, as well as other periods of time that, in accordance with this Code, other
normative legal acts of the Republic of Kazakhstan, the collective contract, the
employer’s act, are included in the working hours;

48) record of cumulative hours worked – recording of working hours by summing

it up for the record period established by the employer;
 49) harmful working conditions – working conditions that are characterized by
the presence of harmful production factors;

50) harmful production factor – is a production factor, the impact of which on

the employee can lead to illness or disability and (or) negative impact on the health
of the generation;

51) occupational disease – is a chronic or acute disease caused by impact of

harmful and (or) dangerous production factors to an employee when the employee
performs his / her work duties;

52) guarantees – means, methods and conditions by which the rights granted to
employees in social and labor relations area are exercised;

53) safety standards – qualitative and quantitative indicators characterizing

production conditions, production and labor process in terms of ensuring
organizational, technical, sanitary, hygienic, biological and other norms, rules,
procedures and criteria aimed at preserving the life and health of workers in their
labor activity;

54) dangerous working conditions – working conditions where the impact of

certain production or irremovable natural factors leads in case of non-observance of
the rules of labor protection to occupational injuries, sudden deterioration of health
or poisoning of the employee resulting in temporary or persistent disability,
occupational disease or death;

55) dangerous production factor – a production factor, the impact of which on

the employee can lead to temporary or persistent disability (occupational injury or
occupational disease) or death;

56) part-time work – the employee performs another regular paid work in
accordance with the terms of the employment contract in his free time;

57) a foreign employee of a state body – a foreigner involved in a state body

under an employment contract;

58) holidays – days of national and state holidays of the Republic of Kazakhstan;
 59) basic salary – a relatively constant part of wages, including payment at tariff
rates, official salaries, piece-work rates, and permanent payments, stipulated by the
labor legislation of the Republic of Kazakhstan, industrial agreement, collective and
(or) employment contracts;

60) production equipment – machines, mechanisms, devices, apparatus,

instruments and other technical means necessary for work, production;

61) industrial injury – damage to the health of the employee, received during
performance of his labor duties, resulting in a loss of ability to work;

62) production necessity – work to prevent or eliminate a natural disaster, an

accident or immediate elimination of their consequences, to prevent accidents,
downtime, death or damage to property and in other exceptional cases, as well as
to replace a temporarily absent employee;

63) production activity – a set of actions of employees with the use of the
means of labor necessary to turn resources into finished products, including
production and processing of various types of raw materials, provision of various
types of services and performance of work;

64) specialized organizations for certification of production facilities –

organizations that carry out activities to certify production facilities for working
conditions, possessing the qualified personnel and testing laboratories accredited in
accordance with the legislation of the Republic of Kazakhstan;

65) attestation of production facilities for working conditions – activities for

evaluation of production facilities (workshops, plots, workplaces, as well as other
separately located units of employers engaged in production activities) in order to
determine the state of safety, harmfulness, complexity of the work performed on
them, labor hygiene and to determine compliance of working environment
conditions with labor safety and protection standards;

66) industrial sanitation – a system of sanitary-hygienic, organizational

measures and technical means that prevent or reduce the impact of harmful
production factors on employees;

67) production factors – technical, sanitary, hygienic, industrial and other

conditions that affect the employee in accordance with legislative and other
normative legal acts of the Republic of Kazakhstan;
 68) gross negligence – actions of the employee, contributing to violation of the
rules of labor protection and safety of their health;

69) compensation payments – cash payments related to a special mode of work

and working conditions, loss of work, reimbursement of costs to employees
associated with performance of their labor or other duties stipulated by the laws of
the Republic of Kazakhstan, as well as payments related to vocational training,
retraining and advanced training of employees or other persons who are not in labor
relations (hereinafter – the trainee);

70) inter-category coefficient – the ratio between tariff rates of adjacent tariff-
qualification categories;

71) tariff system – a type of wage system, in which the employees’ wages are
determined differentially based on tariff rates (salaries) and tariff scale;

72) tariff scale – a set of tariff categories and tariff coefficients, providing for
differentiation based on the complexity of the work performed and qualifications of
employees;

73) tariff rate (salary) – a fixed amount of payment for labor for performance of
labor duties of a certain complexity (qualification) per unit of time;

74) tariff category – a level of complexity of work and an indicator of the

qualification level necessary to perform this work;

75) disciplinary sanction – a measure of disciplinary influence on an employee,

used by the employer or the first head of the national managing holding in cases
provided by the Laws of the Republic of Kazakhstan, for commission of a disciplinary
offense;

76) disciplinary offense – a violation of labor discipline by an employee, as well

as improper performance of labor duties;

77) rest time – the time during which the employee is free from performing labor
duties and which can be used at his discretion;

78) collective protective items – technical means intended for simultaneous

protection of two or more employees from exposure to harmful and (or) dangerous
production factors;
 79) collective contract – a legal act in the form of a written agreement,
concluded between employees in the person of their representatives and the
employer, regulating social and labor relations in the organization;

80) overtime work – work performed by an employee at the initiative of the

employer beyond the established working hours (in excess of the normal amount of
working hours for the record period);

81) notification – a written application of an employee or employer or

applications filed in another way (courier mail, postal service, facsimile
communication, e-mail and other information and communication technologies);

82) business trip – sending of an employee on the order of the employer to

perform work duties for a certain period outside the place of permanent work in
another locality, as well as sending the employee to another locality for training,
advanced training or retraining.