Employment contract No.__________
The forwarder's driver
the city of Almaty "____" _________ 20___ the year
Limited Liability Partnership "L", hereinafter referred to as the "Employer", represented by the Director of the Company, acting on the basis of the Charter on the one hand, and a citizen (ca) of the Republic of Kazakhstan
_____________________________________, hereinafter referred to as the "Employee", on the other hand, collectively referred to as the "parties", have concluded this Employment Contract as follows:
1 .Subject of the Employment Contract
1.1 The Employer undertakes to provide the Employee with a job as a Freight Forwarder Driver, to ensure the working conditions provided for by the labor legislation of the Republic of Kazakhstan and this Employment Contract, to pay the Employee wages on time and in full, and the Employee undertakes to personally perform the labor functions of a Freight Forwarder Driver, to comply with and execute Job Descriptions Appendix No. 1, Non-Disclosure Agreement of Confidential Information Appendix No. 2, Full Liability Agreement Appendix No. 3, and other internal labor regulations applicable to the Employer.
The work under this Employment Contract is for the Employee
the main work duties of the Employee will be performed at the place of registration of the Employer.
1.3 The Employee's work obligations are not related to performing heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.
1.4 In order to verify the compliance of the Employee's qualifications with the position he holds, his attitude to the work assigned to the Employee, in accordance with paragraph 2, Article 36 of the Labor Code of the Republic of Kazakhstan, a probation period of 3 (three) months is established from the date of commencement of work.
If the probation period has expired and the Employee continues to work, then he
it is considered to have passed the test and the subsequent termination of this Employment Contract is allowed only on general grounds.
1.6 If, during the probation period, an Employee comes to the conclusion that the job offered to him is not suitable for him, he has the right to terminate this Employment Contract at his own request, notifying the Employer in writing.
Duration of the Employment contract
2.1 This Employment Contract comes into force from the date of its conclusion by the Employee and the Employer (or from the date of the Employee's actual admission to work with the knowledge or on behalf of the Employer or his representative).
2.2 This Employment Contract is concluded for an indefinite period.
Employee's terms of payment
3.1 For the performance of work duties, an Employee is paid an official salary (tariff rate) in the amount of _________________ (_________________________________________) tenge per month.
3.2 The employer may establish additional payments, allowances and incentive payments.
Working hours and rest periods.
The employee is assigned:
4.1. A five-day working week and a day off (Saturday, Sunday) with a normal duration of 40 hours per week, from 9-00 to 18-00;
4.2. The start and end times of the working day, rest breaks and meals are set out in the rules of the internal labor regulations.;
4.3. An employee may be engaged in overtime work on holidays and weekends in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;
4.4. An employee may be seconded both within the Republic of Kazakhstan and abroad to perform official tasks of the Employer.;
4.5. In accordance with the vacation schedule, an employee is granted annual paid work leave.;
4.6. At the request of the Employee and in agreement with the Employer, annual work leave may be granted in parts.;
4.7. Annual paid work leave may be interrupted (withdrawal from leave) at the suggestion of the Employer and with the consent of the Employee.;
4.8. by agreement of the Parties to this Agreement, on the basis of an Employee's application, he may be granted leave without pay.;
4.9. An employee may be granted paid social leave due to the death of close relatives (spouse, children, parents).
Employee's rights and obligations
An employee has the right to:
5.1 to conclude, amend, supplement and terminate an employment contract in accordance with the procedure and on the terms stipulated by the Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Labor Code);
5.2 require the Employer to comply with the terms of the employment contract;
5.3 to obtain complete and reliable information on the state of working conditions and occupational safety;
5.4 to a workplace equipped in accordance with occupational safety and health requirements;
5.5 for timely and full payment of wages in accordance with the terms of the employment contract;
5.6 vacation, including paid annual work leave;
5.7 the right to unite, including the right to form a trade union or other associations, as well as membership in them, to grant and protect their labor rights, unless otherwise provided by the laws of the Republic of Kazakhstan;
5.8 for professional training, retraining and advanced training in accordance with the procedure provided for by the Code;
5.9 compensation for damage caused to health in connection with the performance of work duties;
5.10 compulsory social insurance provided for by the laws of the Republic of Kazakhstan;
5.11 guarantees, incentives and compensation payments;
5.12 to refuse to perform work in the event of a situation that poses a threat to his health or life, with notification of his immediate supervisor or representative of the Employer.;
5.13 to protect their rights and legitimate interests in all ways that do not contradict the law.
The employee is obliged to:
5.14 personally and conscientiously perform labor and official duties in accordance with the Job Description, which is an integral part of the "Contract".
5.15 the work should be guided by the requirements of the Company's management system in accordance with international standards;
5.16 observe labor discipline;
5.17 comply with the requirements for occupational safety and health, fire safety and industrial sanitation at the workplace;
5.18 Ensure compliance with the rules and instructions on occupational safety, sanitation, fire safety and safety, compliance with labor discipline and internal regulations among employees.
5.19 Take care of the property of the "Employer" and other employees, including the property of third parties held by the "Employer", if the "Employer" is responsible for the safety of this property.;
5.20 Immediately inform the "Employer" or the immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the "Employer's" property, including the property of third parties held by the "Employer", if the "Employer" is responsible for the safety of this property;
5.21 not to disclose information that constitutes state secrets, official, commercial or other legally protected secrets that have become known to him in connection with the performance of work duties In accordance with Appendix No. 2 to the Employment Contract;
5.22. to compensate the Employer for the damage caused by the fault of the Employee, the amount of damage voluntarily or judicially, if it is expressed in monetary or material form incurred in the performance of official duties.
5.23 provide all necessary documents for employment in accordance with art. 32, the Labor Code of the Republic of Kazakhstan.
5.24 upon dismissal, sign the employee's workaround sheet.
Rights and obligations of the Employer
The employer has the right to:
6.1 To amend and terminate this Employment Contract with an Employee in accordance with the procedure and on the terms stipulated by the legislation of the Republic of Kazakhstan;
6.2 Encourage the Employee for conscientious and efficient work;
6.3 Require the Employee to perform his work duties and take care of the Employer's property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees, comply with the Agreement on full Financial Responsibility in accordance with Appendix No. 3 and the Rules of Internal Labor Regulations;
6.4 To bring an Employee to disciplinary and financial responsibility in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
6.5 In case of non-fulfillment of the terms of this agreement, the Employer has the right to impose a penalty on a part of the Employee's salary at its discretion, but not more than half.
6.6 To carry out the certification of the Employee in accordance with the Regulations on Certification in order to identify the real level of professional competence of the Employee.
6.7 To carry out, in accordance with the Regulations on the Assessment of Labor Efficiency, an assessment of the effectiveness of the Employee's activities;
6.8 With the consent of the Employee, involve him in the performance of certain tasks that are not included in the official duties of the Employee.;
6.9 With the consent of the Employee, involve him in additional work in another or the same profession (position) for an additional fee.
The employer must:
6.10 comply with the requirements of the labor legislation of the Republic of Kazakhstan, agreements, employment contract, and acts issued by it;
6.11 when applying for a job, conclude an employment contract with an Employee in accordance with the procedure and on the terms established by the Code.;
6.12 provide the Employee with a job stipulated by the employment contract;
6.13 timely and in full amount pay the Employee wages and other payments stipulated by the regulatory legal acts of the Republic of Kazakhstan, the employment contract, acts of the Employer;
6.14 monthly transfer the employee's mandatory pension contributions from his salary to the authorized state body;
6.15 to acquaint the Employee with the acts of the Employer;
6.16 provide the Employee with working conditions in accordance with the labor legislation of the Republic of Kazakhstan, the employment contract;
6.17 provide Employees with the equipment, tools, technical documentation and other means necessary for the performance of work duties at their own expense;
6.18 suspend work if its continuation poses a threat to the life or health of the Employee and other persons.;
6.19 to carry out compulsory social insurance of the Employee;
6.20 provide an Employee with annual paid work leave if the employee has been working for more than one year.;
6.21 warn the Employee about harmful (especially harmful) and (or) dangerous working conditions and the possibility of occupational disease;
6.22 keep accurate records of working hours, including overtime, in harmful (especially harmful), dangerous working conditions, and heavy work performed by an Employee;
6.23 provide professional training, retraining and advanced training for them;
6.24 compensate for damage caused to the life and health of an Employee while performing his/her labor (official) duties in accordance with the legislation of the Republic of Kazakhstan.;
6.25. when applying for a job, require the documents necessary for concluding an employment contract in accordance with Article 32 of the Labor Code.
Responsibility of the parties
7.1 The financial liability of a party to an Employment Contract is incurred for direct actual damage caused to the other party to the Employment Contract as a result of its culpable unlawful behavior7.1 The financial liability of a party to an Employment Contract is incurred for direct actual damage caused to the other party to the Employment Contract as a result of its culpable unlawful behavior. Direct actual damage is understood to mean a real decrease in the availability of the Employer's property or a deterioration in the condition of the specified property (including the property of third parties held by the Employer if the Employer is responsible for the safety of this property), as well as the need for the Employer to make costs or eDirect actual damage is understood to mean a real decrease in the availability of the Employer's property or a deterioration in the ction of the specified property (including the property of third parties held by the Employer if the Employer is responsible for the safety of this property), as well as the need for the Employer to make costs or excessive payments for the acquisition, restoration of property or compensation for damage caused by the Employee to third parties individuals.
The procedure for changing and supplementing the agreement
8.1 Amendments and additions to this Agreement are made by agreement of the Parties, are made in writing and are an integral part of this Agreement.;
8.2 The terms of this Agreement cannot be changed unilaterally by the Parties.
Termination or termination of the contract
9.1 This Agreement may be terminated or terminated on the grounds and in accordance with the procedure provided for by the labor legislation of the Republic of Kazakhstan.;
9.2 In case of a negative result of an Employee's work, the Employer has the right to terminate the employment contract with him, notifying him in writing before the end of the probation period, indicating.2 In case of a negative result of an Employee's work, the Employer has the right to terminate the employment contract with him, notifying him in writing before the end of the probation period, indicating the reasons that served as the basis for recognizing this employee as not having passed the probation period.
9.3 Termination or termination of this Agreement is executed by order of the Employer.
9.4 This Agreement is terminated in the following cases::
1) termination of the employment contract by agreement of the parties;
2) expiration of the employment contract;
3) termination of the employment contract at the initiative of the employer;
4) in connection with the transfer of an employee to another employer;
5) termination of the employment contract on the initiative of the employee;
6) circumstances beyond the control of the parties' will;
7) the employee's refusal to continue the employment relationship;
8) transfer of an employee to an elective job (position) or his appointment to a position that excludes the possibility of continuing an employment relationship, except in cases provided for by the laws of the Republic of Kazakhstan;
9) violation of the terms of the employment contract.
9.5 This Agreement may be terminated by agreement of the parties.
9.6 Termination of the Contract on 9.6 Termination of the Contract on the initiative of the Employee may be in accordance with art. 56 of the Labor Code of the Republic of Kazakhstan.
9.7 At the initiative of the Employer, this Agreement may be terminated unilaterally on the grounds provided for in Articles 52, 53 of the Labor Code of the Republic of Kazakhstan.
9.8 In the event of termination of this Agreement, the Employee, working for organizations competing with the Employer and or working independently, has no right to apply or transfer to them the methods of robots, the customer base, to supply or sell similar products available to the Employer at the time of termination of the Agreement.
Liability of the parties to the agreement
10.1 The Employee is responsible for non-fulfillment of the terms of this Agreement:
-disciplinary liability for violation of labor discipline, that is, for non-fulfillment or improper fulfillment of the duties assigned to him by the Employee, the Employer has the right to apply disciplinary penalties in accordance with the legislation of the Republic of Kazakhstan.;
-financial liability for damage caused by his fault to the Employer in cases where a written agreement has been concluded between the Employee and the Employer to assume full financial responsibility for not ensuring the safety of property and other valuables transferred to the Employee, as well as in other cases provided for by the legislation of the Republic of Kazakhstan.;
-The employee is responsible under the laws of the Republic of Kazakhstan, as well as to the Employer, who may subsequently suffer losses for Harboring, Hiding and Failing to-The employee is responsible under the laws of the Republic of Kazakhstan, as well as to the Employer, who may subsequently suffer losses for Harboring, Hiding and Failing to report a crime (offense) committed personally or by other employees.
-The employee's liability for damage caused to the employer is excluded if the damage occurred as a result of force majeure or extreme necessity, necessary defense, as well as failure by the employer to fulfill the obligation to ensure proper conditions for the safety of property transferred to the employee.
10.2 The Employer is responsible for non-fulfillment of the terms of this Agreement.:
-financial liability for damage caused by the unlawful deprivation of an Employee's ability to work at his workplace, as well as for damage caused by his fault to the life and health of the Employee and his property in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan;
-administrative and other responsibilities provided for by the legislation of the Republic of Kazakhstan.
Labor disputes
11.1 Disagreements between the Employee and the Employer regarding the application of labor legislation and the fulfillment of the terms of this Agreement are subject to settlement by the Parties to the Agreement through negotiations. Unresolved labor disputes are considered by agreement of the Parties in the conciliation commission or in court at the location of the Employer.
Other conditions
12.1 Any resu12.1 Any results of intellectual creative activity created by an Employee in the course of work and/or related to the Employee's functions under this Agreement are the Company's Official Work. The employee notifies the Employer of his plans to create an official work, provides it to the Employer for consideration after creation, and provides full assistance in registering exclusive rights to the official work.;
12.2 Termination of the employment contract after causing damage (harm) does not entail the release of the party to the employment contract from material liability for compensation for the damage (harm) caused to the other party.;
12.3 This Agreement contains the full agreement between the parties. All applications to it are an integral part of it.;
12.4 All annexes, amendments or additions to this Agreement are an integral part of this Agreement and are valid only if they are perfect in writing and signed by the Parties. All amendments, additions 12.4 All annexes, amendments or additions to this Agreement are an integral part of this Agreement and are valid only if they are perfect in writing and signed by the Parties. All amendments, additions and appendices to the Agreement can be signed by fax or electronic communication. The Parties agree to consider facsimile and electronic copies of signatures or scanned versions and seals as equivalent to the originals, with subsequent registration and transfer of the originals within 15 calendar days from the date of the request by one of the Parties.
12.5 All issues not regulated by the12.5 All issuesnot regulated by the provisions of this Agreement are resolved in accordance with the norms of the current legislation of the Republic of Kazakhstan.;
12.6 This Agreement is drawn up in 2 copies having the same legal force, one copy for each of the Parties.
12.7 The contents of this Agreement are not subject to disclosure to third parties.
Received a copy of this document:
_____________/______________________________________________________
"___"_____________20____ the year.
The order of the "Employer" has been issued: on the admission of the "Employee" to work No._______
from "____" ___________ 20___ G.
DETAILS OF THE PARTIES
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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