The topic of labor settlement within the framework of the AIFC was discussed in Nur-Sultan
When drawing up an employment contract with an employee of the AIFC, it is necessary to be based on the norms of the Labor Regulations of the ICFA, which sets the minimum requirements. This was announced by Ainur Akhmetova, CEO and Director of Muratov Law Firm Limited, within the framework of the BusinessConnect forum session of the AstanaFinanceDay online conference, held on July 3, Toppress.kz reports .
The legislation of the AIFC is based on the Constitutional Law of the Republic of Kazakhstan "On the Astana International Financial Center" dated December 7, 2015 No. 438-V. In turn, the AIFC acts are based on the principles, norms and precedents of the legislation of Great Britain and Wales, as well as the standards of the world's leading financial centers.
From January 1, 2018, in the Astana International Financial Center, the Regulation on Employment was introduced, which regulates labor relations between employees and employers of the AIFC. The rules of the Regulations establish only the minimum requirements that must be adhered to by the employer and the employee. However, the concluded employment contract may establish more favorable conditions than those established by the Regulations of the Regulations.
So, for example, the Regulation does not provide for training, instructing, testing the knowledge of employees on safety and health issues, in contrast to the Labor Code of the Republic of Kazakhstan.
Paid annual leave is also regulated in different ways, in the Regulations it is 20 working days, and according to the Labor Code of the Republic of Kazakhstan - 24 calendar days. It is also noted that, according to the Regulations, paid paternity leave for childcare is provided for at least 5 working days, while according to the Labor Code of the Republic of Kazakhstan, unpaid leave is provided for up to 5 calendar days.
So, if we talk about the main differences, then in the clause of termination of the employment contract, the Regulation assumes equal opportunities for the employee and the employer, when either party has the right to terminate the employment contract without giving reasons, notifying the other party about the termination of the employment relationship, and if there are reasons for the employer - without notice. In the Labor Code of the Republic of Kazakhstan, this issue is regulated more fundamentally, the document contains at least 20 grounds for terminating an employment contract.
Considering that the Regulations do not regulate all relations that arise or may arise between the employee and the employer in practice, we recommend developing such an employment contract that would cover these issues, including on the basis of the labor legislation of the Republic of Kazakhstan, - Akhmetova clarified.