Recovery of Wages, Compensation, and Other Payments in Employment Disputes in the Republic of Kazakhstan
1. General Provisions This document outlines the legal procedures and regulations governing the recovery of wages, compensation, and other payments in employment disputes in the Republic of Kazakhstan. The provisions are based on the Labor Code of the Republic of Kazakhstan, the Civil Procedure Code, and other relevant legislative acts.
2. Grounds for Wage Recovery Employees are entitled to recover unpaid wages, compensation, and other benefits in the following cases:
Non-payment or incomplete payment of wages by the employer;
Unlawful deductions from wages;
Non-payment of compensation for unused annual leave;
Failure to pay severance benefits upon termination of employment;
Other violations of labor rights related to monetary compensation.
3. Procedure for Filing a Claim Employees may seek the recovery of unpaid wages and other payments through the following channels:
Internal dispute resolution: Employees may initially submit a written complaint to the employer, requesting payment of the outstanding amount.
Labor Inspection Authorities: If the employer does not respond or refuses to pay, the employee may file a complaint with the relevant labor inspection body.
Judicial Proceedings: Employees may file a lawsuit with a court to recover unpaid wages, compensation, or other entitlements.
4. Judicial Proceedings
Claims for unpaid wages are generally subject to a one-year statute of limitations from the date the employee became aware of the non-payment.
The court may order the employer to pay the outstanding wages, penalties, and moral damages.
If the employer fails to comply with a court decision, enforcement measures, including asset seizure, may be applied.
5. Penalties for Employers Employers who fail to pay wages and other entitlements may be subject to:
Administrative fines under the Administrative Offenses Code of the Republic of Kazakhstan;
Criminal liability in cases of deliberate non-payment of wages over a prolonged period.
6. Conclusion
Employees in Kazakhstan have the legal right to claim unpaid wages and other entitlements through administrative and judicial means. Employers are required to comply with labor laws, and failure to do so may result in penalties and legal action.
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