28 August, 2018

Formalization of self-employed is necessary to protect social and labor rights of citizens — M. Abylkassymova

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August 28 at a briefing on the results of the Government meeting, Minister of Labor and Social Protection of the Population Madina Abylkassymova spoke about the importance of the work on formalizing the self-employed.

According to the Ministry of Labor, informal activity is characteristic not only of self-employed persons, but also of other groups of the employed population, first of all —employees, workers without official registration of labor contracts or civil-law contracts.

As Abylkassymova noted, one of the main tasks of the Road Map on the formalization of the population is to update the status of the population in state databases. An important part of the Roadmap is an informal population. On them, besides the actualization of the status, the main goal is to involve in employment measures or register their official activities.

Answering journalists' questions, the minister explained that today, when activities are carried out informally, that is, without entering into an employment contract or without registering activities, first of all, the social and labor rights of citizens are violated.

"According to the labor code, business code, tax legislation, when carrying out activities, if you work as an employee, you must sign an employment contract. The employment contract protects. In accordance with the Labor Code, all the labor rights of the citizen. This also applies to issues of setting wages, providing leave, additional guarantees," Abylkassymova informed.

In addition, deductions are made for the employee: in the system of pensions, social insurance, as well as insurance of accidents. If there is no this labor contract, in fact neither the labor nor the social rights of the employee are protected. He can be dismissed at any time, and no deductions are made for him: neither on the part of the employer nor on the earnings of the employee himself.

Thus, work without an employment contract is fraught with the following consequences:

  1. Lack of necessary working conditions, place of work, working tools, materials;
  2. Untimely receipt of wages, which can not be lower than the minimum wage;
  3. Absence of the employee's right to guarantees and compensation established by labor legislation, in appropriate cases (with staff reduction, unused labor leave, etc.);
  4. Impossibility to apply for the restoration of their violated rights to the commission on labor contracts, the state labor inspection and the court;
  5. Length of service is not included;
  6. No social payments from the State Social Insurance Fund in case of social risk (for cases of loss of ability to work, loss of breadwinner, loss of work, pregnancy and childbirth, adoption of the child, care of a child under 1 year).
  7. Full range of medical services of compulsory medical insurance is not available;
  8. Impossibility to participate in the funded pension system by paying compulsory pension contributions and receive a basic pension payment, depending on the length of service.

So, at the beginning of the year, 2.7 million people did not have the status in state databases. Within the framework of measures taken by the Government, the status of 1,385,000 people has been updated.

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