Getting a job in an organization, a potential employee is most often aware of his basic rights and obligations. And what about in the case of employment with an individual? Is it necessary to document? What rights and obligations do domestic workers have?
WHO IS A “DOMESTIC WORKER”?
In accordance with paragraph 1 of Article 214 of the Labor Code of the Republic of Kazakhstan, domestic workers are recognized as employees performing work (providing services) for employers – individuals in a household run by one or more family members, if the work (services) are performed (provided) not in for the purpose of generating income by the employer and (or) for the employer.
Thus, the list of work (services) performed by a domestic worker can be varied. This can be housekeeping, cleaning a room or territory, walking pets, as well as caring for them, working on a personal plot, and others. The main condition is that such work should not be aimed at generating income.
EMPLOYMENT OF A DOMESTIC WORKER. DO I NEED AN EMPLOYMENT CONTRACT AND A WORK BOOK?
According to paragraph 3 of article 214 of the Labor Code, the labor activity of a domestic worker is confirmed by an employment contract.
Paragraph 4 of this article establishes that such an employment contract must establish the terms of a written warning about the termination (cancellation) of the employment contract with a domestic worker, as well as the cases and amounts of compensation in connection with the loss of work.
In accordance with paragraph 2 of Article 215 of the Labor Code, an employment contract with a domestic worker must also determine the mode of work, the procedure for granting days off, paid annual leave, involvement in overtime work, night work, weekends and holidays of a domestic worker.
In addition, the employment contract must comply with the general requirements established by Article 28 of the Labor Code.
In accordance with paragraph 2 of Article 214 of the Labor Code of the Republic of Kazakhstan, the employer does not issue an act on employment or termination of labor relations with a domestic worker and enter information about his work in the work book by the employer. Therefore, when employed as a domestic worker, there is no need to have and fill out a work book.
WORKING HOURS OF DOMESTIC WORKERS
According to paragraph 1 of article 215 of the Labor Code, domestic workers are subject to the norms of working hours and rest periods established by the said Code.
Thus, the length of working time should not exceed 40 hours per week (paragraph 1 of Article 77 of the Labor Code). However, in accordance with paragraph 2 of Article 215 of the Labor Code, by agreement of the parties, an employment contract for an employee can establish both part-time work and night work, as well as overtime work. Such work must be paid in accordance with the Labor Code and the terms of the concluded employment contract.
APPLICATION OF DISCIPLINARY SANCTIONS
Article 216 of the Labor Contract establishes that the procedure for applying and removing disciplinary sanctions against a domestic worker is determined by the labor contract. Thus, the parties themselves can resolve this issue in the contract or use the norms of the Labor Code.
DISMISSAL OF A DOMESTIC WORKER
Article 218 of the Labor Code allows the parties to independently establish in the contract the grounds for terminating the employment contract with a domestic worker. If this is not done, then the general rules of the Labor Code will apply.