Many companies neglect to maintain the necessary personnel documentation at the enterprise. However, the order in local and personnel documents is the key to the successful functioning of the enterprise. In order to avoid negative consequences, one should not neglect the correct maintenance of personnel records.
Law firm KORGAN provides legal assistance in the development, maintenance, execution, systematization of local acts and personnel documents. In this article, we would like to acquaint the business community with the responsibility for the absence of mandatory documents and what negative consequences the absence of certain personnel documents may incur.
Mandatory documents for the absence of which administrative responsibility is provided are:
- Employment contract (Fine in the amount of 30 to 300 MCI Art. 86 of the Code of Administrative Offenses);
- Consent to the collection and processing of personal data (Fine in the amount of 10 to 1000 MCI, Article 79 of the Code of Administrative Offenses);
- Instruction (program) on the procedure for conducting an introductory safety briefing (Fine in the amount of 30 to 70 MCI, Article 93 of the Code of Administrative Offenses);
- Safety magazines (Fine in the amount of 30 to 70 MCI Art. 93 of the Code of Administrative Offenses);
- Contract of compulsory insurance of employees against accidents (Fine in the amount of 10 to 1000 MCI Art. 230 of the Code of Administrative Offenses);
- Personal card T-2 (For persons liable for military service and conscripts) (Fine in the amount of 10 to 40 MCI Art. 646 of the Code of Administrative Offenses);
- Collective agreement (If its conclusion is initiated by one of the parties) (Penalty in the amount of 80 to 400 MCI Art. 97 of the Code of Administrative Offenses).
I would like to note that even if there are disagreements between the parties on certain provisions of the collective agreement, the parties must sign the collective agreement on agreed terms with the simultaneous preparation of a protocol of disagreements within 1 (one) month from the date of their occurrence. Disagreements that have arisen in the course of collective bargaining may be subject to further collective bargaining to resolve them when amendments and additions are made (Article 156 of the Labor Code of the Republic of Kazakhstan).
Mandatory documents, the absence of which can lead to negative consequences are:
1. Internal labor regulations
The presence of this document allows the Employer to regulate the labor schedule and prove, if necessary, the fact that the Employee has committed a disciplinary offense, which is problematic to do without the Labor Regulations.
2. Work Orders
The absence of orders for labor activity may lead to negative results during the inspection by the authorized body.
The order is the main document confirming this or that legal fact in labor relations and its absence will cause difficulties if it is necessary to prove such a fact. Restoring all orders is a rather laborious process, therefore it is important to issue them in a timely manner and monitor their relevance.
3. Provision (agreement) on non-disclosure of confidential information
In the absence of such a document, the Employee cannot be held liable for the disclosure or use of the Employer’s trade secret, database, know-how, inventions or developments of the Employer. Losses can be extremely significant and even lead to the bankruptcy of the company (for example, the departure of an employee to your competitors).
4. Non-Compete Agreement
The absence of such an Agreement may lead to the fact that the Employee, having become familiar with the algorithm of the Employer’s activities, will be able to apply the knowledge, skills, methods of work in his personal interests or in the interests of third parties in order to make a profit by competing with the Employer. Such a combination of circumstances can lead to financial losses and major losses for the Employer.
5. Liability Agreement
The absence of the Agreement can cause difficulties in bringing the Employee to liability for causing damage (losses) to the Employer and complicate the process of proving the fact of causing such damage, or even completely, eliminating the possibility of holding the Employee liable.
6. Additional agreement on the combination of positions
It is necessary only in case of situations that require the combination of positions by one employee.
It should be noted that the Labor Code of the Republic of Kazakhstan prescribes that for combining positions in an organization, the Employee is entitled to an appropriate additional payment.
In the absence of an agreement, there is a high probability of occurrence of risks in determining the volume of the actual labor activity and workload of the Employee, it is difficult to apply to him measures of responsibility for violation of labor discipline and bring him to liability for a combined position.
7. Shift Schedule
Such a document is used to standardize the work of shift workers and allows you to keep track of working time and rest time. Its absence contributes to negative results during labor inspections and difficulties in regulating shift work and wages.
Recommended documents, the absence of which can lead to negative consequences are:
1. Regulation on the collection and processing of personal data.
The presence of this document in the organization makes the process of collecting, processing and destroying personal information as clear, coherent and transparent as possible, which further reduces the risk of any liability for the Employer, given the fact that confidentiality requirements are becoming increasingly stringent on the part of authorized bodies .
2. Journal of registration of labor contracts.
According to the law, an employment contract must have a serial number. The lack of registration of labor documents in the general register of contracts can cause difficulties in their further search and identification. The presence of a separate register of employment contracts simplifies the procedure for assigning numbers and allows you to store information about contracts in one document.
3. Regulations on wages.
The Employer is obliged to pay wages, make mandatory deductions and payments for the Employee. At the same time, he has the right to encourage Employees. To establish a clear procedure for payments and deductions, it is recommended to develop and approve this document.
4. Staffing.
In general, the Labor Code of the Republic of Kazakhstan does not contain a definition of the staffing table and the obligation for the Employer to have it. However, in the text of the legal act, one can find references to the actions of the Employer, in which the staffing is necessary.
5. Vacation schedule.
The document is necessary so that the Employer can keep track of the time the Employees are on vacation and, taking this into account, timely organize the smooth operation of the organization: coordinate the combination of positions and prevent a collapse in which several key employees go on vacation at once. Also, the vacation schedule allows you to avoid liability under Art. 88 of the Code of Administrative Offenses).
6. Time sheet.
The Labor Code of the Republic of Kazakhstan provides for the obligation of the Employer to keep records of working time. At the same time, the Employer is not limited in the ways of fulfilling this obligation. However, keeping records through the time sheet can significantly optimize this process.
If you don’t know where to start or how to properly draw up the necessary local, personnel documents at the enterprise, KORGAN Law Company will help you with this. Having experience in this matter, we will help you put things in order in your documents.