Article 24-2. Protection of a person providing assistance in combating corruption from violations of rights and legitimate interests in the field of labor relations The Anti-Corruption Law

Home / RLA / Article 24-2. Protection of a person providing assistance in combating corruption from violations of rights and legitimate interests in the field of labor relations The Anti-Corruption Law

1. An individual labor dispute, to which the party is the person providing assistance in combating corruption in the organization of which he/she is (was) an employee, by informing the superior head and (or) the management of the organization, is considered by the conciliation commission established in accordance with the Labor Code of the Republic of Kazakhstan, with the mandatory invitation of a representative of the authorized body for combating corruption.

In government agencies, with the exception of special government agencies, as well as organizations that do not have conciliation commissions, the person who provides assistance in combating corruption in a state body or organization of which he is an employee, by informing a higher-level head and (or) the leadership of a state body or organization, cannot be disciplined or dismissed (relieved of his position), or transferred to another position without the recommendations of a disciplinary commission or other collegial body of a state body or organization established to comprehensively, fully and objectively establish the circumstances of the commission of a disciplinary offense by the said person, as well as to establish the validity of the dismissal (dismissal from office) of the person or transfer to another position (hereinafter referred to as the collegial body).

A representative of the authorized anti-corruption body is necessarily invited to participate in the meeting of the collegial body at which the issues specified in part two of this paragraph are considered.

2. The state body or other organization specified in paragraph 1 of this Article shall send to the authorized anti-corruption body materials on the issues specified in paragraph 1 of this article at least three working days before the day of the meeting of the conciliation commission or collegial body.

A representative of the authorized anti-corruption body may participate in the said meeting.

3. The decision of the conciliation commission or the minutes of the meeting of the collegial body shall be signed by its (his) members who participated in the meeting.

A copy of the decision of the conciliation commission or the minutes of the meeting of the collegial body is sent to the authorized body for combating corruption within three working days from the date of the decision.

4. If the authorized anti-corruption body does not agree with the decision taken following the meeting of the conciliation commission or the collegial body, the authorized anti-corruption body shall, within two working days from the date of receipt of a copy of the decision of the conciliation commission or the minutes of the meeting of the collegial body, send a notification to the territorial subdivision of the authorized state body for labor or the prosecutor's office about the violation of rights and legitimate interests. the employee's interests.

At the same time, sending the specified notification is not an obstacle to applying to court by a person who provides (has provided) assistance in combating corruption.

The Law of the Republic of Kazakhstan dated November 18, 2015 No. 410-V SAM.

This Law regulates public relations in the field of combating corruption and is aimed at implementing the anti-corruption policy of the Republic of Kazakhstan.

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Republic of Kazakhstan

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