Request for an accident investigation
MKS L. LLP
BIN 130440013993
Almaty region, city of Almaty, ul., 179.
+7 701 777 73 63.
from the employee: D. E.B.
IIN.......
Almaty region, Enbekshikazakh district, K. 2 street.
+7 705 ..
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 971 78 58; +7 727 971 78 58.
Request
April 10, 2011, between K.O.K. LLP and G.S.A. (Hereinafter referred to as the employee) employment contract No. 45 was signed. The employee got a job and has been an employee of K LLP ever since.Offshore Construction (hereinafter referred to as the employer) in the position of "captain of the vessel" NIS K.Satpayev."
On July 31, 2019, the employee underwent a mandatory medical examination, which was conducted annually in accordance with Article 185 of the Labor Code of the Republic of Kazakhstan, where no signs or symptoms of the disease were detected.
On April 30, 2020, an accident occurred with an employee at his workplace (ship). We firmly state that the employee's health is damaged due to violations of labor laws by the employer. Due to the fulfillment of his difficult official duties without rest, the employee became disabled and became a person with a disability of the second group. At the time of the accident, the employee was fulfilling his functional duties of the job.
Paragraph 4, Article 186 of the Labor Code of the Republic of Kazakhstan (hereinafter referred to as the Code) states that the investigation of occupational diseases is carried out by the employer jointly with the state body in the field of sanitary and epidemiological welfare of the population in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of healthcare.
On March 24, 2022, the State Labor Inspector of the Mangystau region, M.M.O., issued an opinion for outgoing No. 2-9/1 dated March 24, 2022, according to which the following conclusions were drawn: - the accident that occurred on March 30.04.2020 with a former employee, S.A. Gankin, was recognized as related to production, and with 100% fault of the employer.
On July 21, 2023, the Specialized Interdistrict Administrative Court of the Mangystau region, consisting of the presiding judge Baigozhaev B.B., considered the administrative case on the claim No. 4794-22-00-4/259 of Caspian Offshore Construction LLP against the State Institution "Department of the State Labor Inspectorate of the Mangystau region" on: 1. Recognition as illegal and cancellation of the conclusion of the State Labor Inspector of the Mangystau region M. M.A. For outgoing No. 2-9/1 dated March 24, 2022. 2. To declare illegal and cancel the conclusion of the State labor inspector of the Mangystau region, Deputy head of the State Institution "Department of the State Labor Inspectorate of the Mangystau region" Dyussenov Ch. With the exception of outgoing No. 1-14/1 dated May 16, 2022, the Court Decided to satisfy the claim. To declare illegal and cancel the conclusion of the State labor inspector of the Mangystau region, M.O. Mazhitov, for outgoing No. 2-9/1 dated March 24, 2022. To declare illegal and cancel the conclusion of the State labor inspector of the Mangystau region, Deputy head of the State Institution "Department of the State Labor Inspectorate of the Mangystau region" Dyussenov Ch. for outgoing No. 1-14/1 dated May 16, 2022. As of today, the decision has entered into force without modification.
However, after recognizing and canceling the above two conclusions, you have not taken any action.
We believe that the above-mentioned court decision is not a reason for leaving this case without consideration and without summing up the final outcome or decision.
Paragraphs 1, 4, and 190 of the Code stipulate that disagreements on the investigation, registration, and registration of labor-related accidents are considered by the State labor inspector or the court in the event of a disagreement between the employer and the employee.
The decision of the State labor inspector on the investigation of accidents related to labor activity is issued in the form of an opinion in the form established by the authorized state body for labor.
Paragraph 11, Article 190 of the Code states that the victim or employee representative has the right to review all materials of the investigation of an accident related to work and to make the necessary statements. During the investigation of the accident, the victim was not provided with all the materials, namely the materials provided for in paragraph 5, art. 190 of the Code.
According to paragraph 6, Article 194 of the Labor Code of the Republic of Kazakhstan, state labor inspectors are required to participate in investigations of accidents related to work.
Paragraph 9, Article 193 of the Code also stipulates that when exercising state control over compliance with the labor legislation of the Republic of Kazakhstan, state labor inspectors have the right to investigate labor-related accidents in accordance with the established procedure.
Based on the above and in accordance with subparagraph 1, paragraph 4, Articles 190 and 195 of the Labor Code of the Republic of Kazakhstan,
I ask you to:
· To conduct an investigation into the accident of G.S.A.;
· To issue a new opinion on the issue of compliance with the requirements of labor legislation;
· To oblige the employer of Caspian Offshore Construction LLP to conduct a forensic medical examination to determine the severity of an occupational injury (when appointing an expert, questions should be agreed with the victim or his representative).
We hope that your activities will be based on the principles of respect, observance and protection of the rights and freedoms of employees, legality, objectivity, independence and transparency.
With respect,
Employee (victim): G.S.A.
Representative by proxy: Kenesbek I.M.
Attention!
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