The timely and full payment of wages represents not only a key obligation of the employer but also a fundamental guarantee of the realization of workers' labor rights.
The current labor legislation of the Republic of Kazakhstan, in particular Article 113 of the Labor Code, establishes clear requirements for the procedure of calculation: wages must be paid at least once a month and no later than the first decade of the month following the worked period. The specific payment deadlines are determined by the terms of the labor or collective agreement, and if the established date falls on a weekend or holiday, the calculation must be made on the preceding day.
In the event of a delay in wages, it is recommended that the employee take a series of consistent actions to protect their rights. Initially, it is advisable to contact the employer directly to clarify the reasons for the delay that has arisen and to present a demand for repayment of the debt. If this step does not bring results, the employee has the right to apply to the territorial Department of the Committee for State Labor Inspection of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan at the location of the employer.
Modern legislation provides for the possibility of submitting an application electronically through the eOtinish system, which significantly simplifies the procedure. The application must be accompanied by documents confirming the fact of the labor relationship and the existence of the debt: the employment contract, pay slips, bank statements, orders, and other supporting materials.
After receiving the application, state labor inspectors, if there are sufficient grounds, conduct control measures in the manner established by legislation. If the fact of the debt is confirmed, the employer is issued a binding order to eliminate the violation, including a requirement to repay the wage arrears.
Control over the execution of this order is carried out by state labor inspectors. In addition to the principal amount of the debt, the employer is obliged to pay the employee a penalty for each calendar day of delay, the amount of which is calculated on the basis of 1.25 times the base rate of the National Bank of the Republic of Kazakhstan in effect on the day the obligation is fulfilled.
The legislation provides for serious liability for employers who violate the deadlines for payment of wages. Article 87 of the Code of the Republic of Kazakhstan on Administrative Offenses establishes administrative liability for non-payment of wages in full and within the established deadlines, as well as for the failure to accrue and pay a penalty through the fault of the employer. The amount of the fine is differentiated depending on the category of the subject and amounts to: for officials – 30 monthly calculation indices, for subjects of small entrepreneurship or non-commercial organizations – 60 MCI, for subjects of medium entrepreneurship – 100 MCI, for subjects of large entrepreneurship – 150 MCI.
Summarizing the above, it is worth emphasizing: any delay in wages is not merely a technical glitch in calculations, but a substantial infringement of the employee's legitimate interests. If the employer systematically or on a single occasion evades the timely payment of remuneration for labor, the hired employee has every ground to demand the intervention of supervisory bodies. Applying to the state labor inspection in such a situation becomes an effective instrument of protection: it is precisely the inspectors who are authorized to conduct an inspection, hold the violator accountable, and achieve the full repayment of the debt, thereby restoring justice and returning to the employee the funds due by law.
Prepared by Viktor PANAYEV
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