Application to the conciliation commission for consideration of an individual labor dispute

 

To the conciliation Commission of MKS LLP

BEAN ....

040900, Almaty region, Karasai district,

KaskE city, A. Khan Street, building 197.

.

from the legal consultant: Kenesbek Islam Mukhameduly

Member of the Chamber of Legal

consultants "Justus"

IIN 970103300774

79 Abylai Khan Ave., office 304, Almaty.

islam.ala.1@mail.ru

+7 (702) 327 69 66.

In the interests of the employee: Dr. Bekaevna

IIN ....

+7 705 ….

 

statement

on the consideration of an individual labor dispute

 

Dr. Bekaevna has been in an employment relationship with MKS LLP since September 1, 2021 on the basis of employment contract No. 123-21 dated 09/01/2021, holding the position of warehouse manager.

On March 05, 2025, the employer issued Order No. 66 l/s on termination of the employment contract with her under subclause. 6) paragraph 1 of Article 52 of the Labor Code of the Republic of Kazakhstan "non-compliance of an employee with his position or work performed due to a state of health."

Dr. E.B. disagrees with this order on the following grounds:

According to the act of medical and social expertise No. 1240363-2100 dated 04.11.2024, she was diagnosed with the third disability group, loss of general working capacity in the amount of 50% and professional working capacity - 55%. At the same time, section 2 of the act states: "Ability to work – I degree", which means maintaining the ability to work and the ability to continue working under the appropriate conditions.

Certificate of general disability No. 3240363-911 dated 11/04/2024 confirms only partial disability (50%), but does not contain a conclusion on the complete inability to perform work.

The conclusion of the medical advisory commission No. 57 dated 02/18/2025 also does not contain a direct conclusion that Dr. E.B. cannot perform work in his position.

By virtue of Article 52 of the Labor Code of the Republic of Kazakhstan, dismissal under subclause 6 of clause 1 is allowed only if there is a medical report confirming the impossibility of continuing work. However, the submitted documents confirm only a partial restriction, and not a complete unfitness for work.

In addition, according to According to the Order of the Minister of Health of the Republic of Kazakhstan dated 11/24/2020 № KR DSM-200/2020 "On approval of the rules for temporary transfer to lighter work for health reasons", if there was a conclusion of the HCC, the employer was obliged to consider the issue of temporary transfer of the employee to lighter work for the period specified in the medical report, and not dismiss. The employer did not do this, thus violating the requirements of the specified Order and the labor rights of Dr. E.B.

The employer also did not offer her alternative positions or changes in working conditions, which contradicts the principle of preserving the employee's labor rights, enshrined in Articles 22, 48, 52 and 54 of the Labor Code of the Republic of Kazakhstan.

 

Based on the above and in accordance with Article 159 of the Labor Code of the Republic of Kazakhstan,

 

ask:

 

·         To declare illegal the Order of MKS LLP dated 03/05/2025 on the termination of the employment contract with Dr. Bekaevna.

·         To reinstate Dr. Bekaevna at work in her current position (or another one corresponding to her state of health).

·         To oblige the employer to pay Dr. E.B. wages for 6 months of forced absenteeism in accordance with art. 157 of the Labor Code of the Republic of Kazakhstan.

·         Oblige the employer to make appropriate changes to the personnel documents.

 

Applications:

Employment contract with Dr.;

A copy of the notice of termination of the employment contract;

Medical and social expertise Act No. 1240363-2100 dated 11/04/2024;

Certificate of general disability No. 3240363-911 dated 11/04/2024=;

Power of attorney from Dr.;

Transfer of trust to Kenesbek I.M.;

Udv on Kenesbek I.M.

 

Representative by proxy:                                                                                     Kenesbek I.M.

 

"_____" __________ 2025 G.

 

 

 

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