on the implementation of the action Plan of the Ministry of labor and social protection of population of the Republic of Kazakhstan on anti-corruption for 2018
Office of personnel service in pursuance of the action Plan on anti-corruption, reports the following.
Paragraph 1.1. Order of the Minister of labor and social protection of population of the Republic of Kazakhstan dated November 30, 2018 № 516 "On amendments and additions to the order of the Minister of health care and social development of the Republic of Kazakhstan dated April 28, 2015 № 279 "On approval of standards of state services in the social and labor sphere" (hereinafter – the order) from September 27 to October 27, 2018 was posted on the Internet portal of open regulatory legal acts for public discussion.
Following the results of public discussion, remarks and offers to the order were not received.
In the second quarter of 2019, the Ministry plans to hold public hearings aimed at eliminating administrative barriers.
Paragraph 2.1. "Assignment of allowance to mother or father, adoptive parent (adopter), guardian (trustee), bringing a disabled child" was launched in a composite proactive format with the service to establish disability.
Paragraph 2.2. Order No. 516 of the MLSPP of RK dated November 30, 2018 provides for the provision of 3 state services by means of a one-time password (in terms of receiving information about the assignment):
1. "Establishment of disability and/or degree of disability and/or determination of necessary social protection measures»;
2. "Issue of certificate confirming belonging of the applicant (family) to recipients of the address social assistance";
3. "Issue of information on receipt and movement of funds of the depositor of the unified accumulative pension fund".
The Ministry on permanent basis conducts legal monitoring of the current legislation in order to assess and predict the effectiveness of legislation by identifying contrary to the legislation of the Republic of Kazakhstan, outdated, corrupt and inefficiently implemented rules of law, as well as developing proposals for its improvement.
According to the results of legal monitoring, timely measures are taken to make appropriate amendments to the existing RLA.
The state of norm-setting is analyzed, including the remarks of the Ministry of justice of the Republic of Kazakhstan on the results of the legal expertise of regulatory legal acts developed by the Ministry.
The results of the analysis are brought to the attention of the management and the most frequently made remarks are summarized in the List of omissions made in the development of regulatory legal acts, which is also sent to the structural units for consideration in the work and prevention in the future.
Thus, according to the results of the analysis, as of January 1, 2019, there were no facts of discretionary powers.
Paragraph 19. The relevant services of the Ministry on permanent basis monitor compliance with the requirements on issues of conflict of interest and restrictions in civil service.
According to the results of monitoring the facts on the assumption of conflict of interest and violation of restrictions in civil service have not been identified.
The issues of prevention and resolution of conflict of interest, as well as compliance with restrictions in civil service are under the strict control of the Ministry management.
Paragraph 31. The Ministry worked out the issue of implementing the principles of meritocracy in the personnel policy of state enterprises and budget organizations.
In order to develop a unified position on the implementation of the principles of meritocracy in the personnel policy of state enterprises and budget organizations, the Ministry held meetings (April 13, May 18, 2018) with the participation of interested state bodies and trade unions, during which it was decided that the competitive selection of the executive composition of budget organizations is inappropriate.
In accordance with the decree of the Government of the Republic of Kazakhstan dated December 31, 2015 № 1193 "On the system of remuneration of civil servants, employees of organizations maintained at the expense of the state budget, employees of state enterprises", the amount of remuneration is formed by multiplying the base salary (17 697 KZT) on the coefficient of the wage scale depending on the employee category.
For example, the salary of a specialist in the social sphere, related to the support staff, is about 30 thousand KZT (the driver of laundry – 32 385 KZT, in hand 25908 KZT, chamber nurse – 34 686 KZT, in hand 27748 KZT). This factor has a negative impact on the attractiveness of the civil service.
In this regard, following the meetings, it was decided that the competitive selection should be made exclusively for occupation of vacant leading positions in civil service.
In order to consolidate the principles of meritocracy in civil service system, these amendments were made to the Concept of the draft Law "On amendments and additions to some legislative acts on labor issues" (hereinafter - the Concept).
Paragraph. 32. The above Concept provides to supplement the competence of the authorized state body for labor in the field of regulation of labor relations for the development and approval of the order of ethics of civil servants.
The draft concept for the Bill was approved by the Interdepartmental Commission on legislative activity issues under the Government of the Republic of Kazakhstan on September 19, 2018.
According to the Plan of legislative works of the Government of the Republic of Kazakhstan for 2019, the terms of provision of the bill to the Ministry of justice of the Republic of Kazakhstan - February 2019, to the Government of the Republic of Kazakhstan – March 2019, to the Parliament of the Republic of Kazakhstan – May 2019.
Paragraph 49. Republican state institution "Courses of qualification improvement of personnel in social and labor sphere" of the Ministry was liquidated in accordance with the Decree of the Government of the Republic of Kazakhstan dated 12 December 2018 № 826.
In addition, in accordance with the Rules of training, retraining and qualification improvement of civil servants, approved by the Decree of the Government of the Republic of Kazakhstan dated March 15, 2018 № 125, qualification improvement and retraining of civil servants is carried out only at the Academy of state administration under the President of the Republic of Kazakhstan, where courses on anti-corruption policy are included in the educational program.
Paragraph 64. Executive secretary of the Ministry approved the consolidation to the action Plan for 2018-2020, for the implementation of the Anti-corruption strategy of the Republic of Kazakhstan for 2015-2020 and combating the shadow economy.
In addition, the action Plan on anti-corruption was approved by the order of the executive secretary of the Ministry dated February 6, 2018 № 37, providing for the issues of improvement of regulatory legal base on anti-corruption, improvement of measures to reduce corruption, combating the shadow economy, and anti-corruption propaganda.
Paragraph 66. In accordance with the Rules of external analysis of corruption risks, approved by the Decree of the Government of the Republic of Kazakhstan dated December 4, 2017 № 806, a joint order of the Chairman of the Agency of the Republic of Kazakhstan for civil service affairs and anti-corruption dated January 15, 2019 № 4 was signed and the Minister of labor and social protection dated January 17, 2019 № 20 "On external analysis of corruption risks in the activities of the Ministry of labor and social protection and its subordinate organizations and territorial divisions of the Department".
General period for external analysis of corruption risks is defined from January 17 to February 22, 2019.
The Ministry will prepare an action Plan for the implementation of the recommendations made on the basis of external analysis within 10 working days after the submission of the analytical report.
For the period from 2016 to 2018 external analysis of corruption risks in the Ministry was not carried out.
Paragraph 73. In order to prevent violations of labor legislation, state labor inspectors conducted 8 874 inspections in 2018, during which 11 976 violations were revealed.
State labor inspectors during the inspections established 309 facts of attracting workers without concluding labor contracts.
Instructions were issued to employers on all facts, heads of the enterprises were brought to administrative responsibility.
Currently, the Ministry is working on introduction of electronic labor contracts - E-hr, the aim of which is legislative regulation and simplification of procedures for concluding labor contract in electronic form, which will ultimately ensure the transparency of labor relations and will eliminate paper labor contracts and the provision of paper documents at the conclusion of labor contracts.
Since July 2018, a pilot for the implementation of a System of accounting for employee profiles and electronic labor contracts (hereinafter – E-hr) on the basis of large companies in the quasi-state sector has been launched. The Ministry has created a repository of electronic labor contracts, applications for employers are developed by IT companies.
At the same time, E-hr implemented the functionality of predictive data on the release of labor resources through the introduction of digitalization and robotization and the calculation of measures for their re-profile and employment.
From November 1, 2018 the service for registration of labor contracts for organizations that do not have information systems of personnel records has been launched on the Enbek.kz Portal. In 2019, it is planned to launch a similar service on the Egov.kz portal.
In addition, the Ministry has prepared a package of amendments to the legislation in order to regulate the legal status of electronic labor contracts and the employer's obligations to provide information on labor relations, and from the second half of 2019 it is planned to introduce a system of accounting for electronic labor contracts throughout the country.
Also, the Ministry in order to prevent and detect informal labor relations, reduce hidden forms of labor relations, raise awareness of citizens about their rights in the field of labor in March of this year a nationwide action "Conclude a labor contract" (hereinafter - the Action) will be announced.
The aim of the Action is the prevention and detection of informal labor relations, the reduction of hidden forms of labor relations, raising awareness of citizens about their rights in the sphere of labor.
In the regions in the implementation of the Action "Hot lines" were created to consult the population about the problems of informal employment and its negative consequences.
Local executive bodies organized about 40 forums, seminars and meetings with the subjects of labor relations, dedicated to the promotion of legalization of labor relations.
As a result of the work carried out in the republic, more than 10 thousand employers legalized labor relations with employees, concluding more than 37.9 thousand labor contracts.
Paragraph 89. In accordance with subparagraphs 4) and 7) of article 4 of the Law of the Republic of Kazakhstan "On state procurement" subordinate organizations of the Ministry state procurement are carried out on the basis of the principles of openness and transparency of the state procurement process. Full information on state procurement of subordinate organizations is available on the web portal of state procurement.
Paragraph 99. The Ministry is implementing a Plan of organizational measures for 2018-2019 to formalize and involve the informally employed population in the country's economy and, accordingly, in the system of compulsory social medical insurance (hereinafter-the Roadmap).
At the end of 2018, the implementation of the Roadmap on updating the status of citizens in the information systems of state bodies has the following dynamics.
From the beginning of 2018, 6 thousand people had no status in state databases out of 2 707. As of January 3 this year, the status of 1 785, 7 thousand people has been updated.
763.8 thousand workers signed labor contracts, mandatory pension contributions began to receive on them, 11.6 thousand entrepreneurs registered their activities, 11.9 thousand people – registered as unemployed, 124.1 thousand people – recipients of social benefits, address social assistance, 28.7 thousand people – women caring for a child up to 3 years, pregnant women.
845.6 thousand people – housewives, students, died, went away, schoolchildren over 18 years, military conscripts, working under the contract of CN, working at home without labor contract, working in foreign enterprises, repatriates, special workers, founders, etc.
Detailed plan on updating for 2018-2019 by major categories of people was developed. There are 921,9 thousand people who in the survey declared themselves:
- 87.8 thousand people – unregistered unemployed;
- 136.8 thousand people – self-employed on an individual basis without registration;
- 13.5 thousand people - employees without labor contracts;
- 300.2 thousand people - employed on a personal subsidiary farm;
- 383.6 thousand people are those who went abroad, dead citizens, women caring for a child up to 3 years, pregnant women, military conscripts, repatriates, students, etc.
In order to maximize coverage, simplify and provide convenience for citizens, new channels of updating were developed and implemented through the portal of electronic government, Population service center (hereinafter-PSC) and “Kazakhtelecom” JSC.
As a result of this work, updating the status of citizens is made automatically when they visit the portal of electronic government, PSCs, service portal of “Kazakhtelecom” JSC or when calling the Unified contact center "1414".
Also, additional channels for updating the status of citizens through the information systems of medical institutions have been developed. Employees of medical institutions will report the lack of status by IIN and update it on the side or send it to the portal of electronic government.
In addition, each region has a hot lines where working people can report incidents of coercion to work without labor contracts and payment "in envelopes" on the part of employers.
On December 26, 2018, the Head of state signed the Law of the Republic of Kazakhstan "On amendments and additions to some legislative acts of the Republic of Kazakhstan on employment issues" (hereinafter – the Law).
The main innovation of the Law is the introduction from January 1, 2019 of a Unified aggregate payment (hereinafter – UAP), providing for a simplified procedure for registration of activities of informally employed in the tax authorities.
The payment of UAP will allow not only to register informal activities, but also to participate in the system of compulsory medical and social insurance, pensions insurance.
Minimum rates of income tax and social payments in the amount of 1 MCI are established for UAP payers
(2 525 KZT in 2019) for cities of republican significance, the capital and regional significance and 0.5 MCI (1 263 KZT in 2019) for residents of other settlements.
At the same time, the maximum income for the calendar year should not exceed
1 175 MCI (2 966 thousand KZT per year, 247 thousand KZT per month in 2019).
UAP will apply to individuals engaged in income-generating activities, subject to the following conditions:
1) do not use the labor of employees;
2) perform work, provide services for individuals;
3) sell agricultural products from the operation of a personal subsidiary farm for consumption to individuals.
In general, the introduction of UAP for informal workers will allow:
- participate in the system of compulsory social medical insurance and get access to medical services, unlimited in amount and type, with the right to choose a medical institution;
- participate in the accumulative pension system and receive a basic pension payment at the retirement age, depending on the length of participation in the system;
- receive social benefits in cases of disability, loss of breadwinner, pregnancy and childbirth, adoption of a child, child care up to 1 year.