When applying for a job in an organization, a potential employee is most often aware of his basic rights and responsibilities. But what if he is applying for a job with an individual? Is it necessary to formalize it? What rights and responsibilities 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 workers performing work (providing services) for employers who are individuals in a household run by one or more family members, if the work (services) are performed (provided) not for the purpose of generating income by the employer and (or) for the employer.
Thus, the list of works (services) performed by a domestic worker can be varied. This can be work on housekeeping, cleaning the premises or territory, walking pets, as well as caring for them, work on a personal plot, and others. The main condition is that such work should not be aimed at generating income.
Registration of hiring a domestic worker. Is an employment contract and work record book required?
According to paragraph 3 of Article 214 of the Labor Code, the work activity of a domestic worker is confirmed by an employment contract.
Clause 4 of the said article establishes that such an employment contract must establish the terms of written notice of termination (cancellation) of the employment contract with a domestic worker, as well as the cases and amounts of compensation payments in connection with the loss of a job.
In accordance with paragraph 2 of Article 215 of the Labor Code, the employment contract with a domestic worker must also determine the work schedule, the procedure for providing days off, paid annual vacations, involvement in overtime work, work at night, weekends and holidays of the 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 hiring or terminating employment relations with a domestic worker and does not enter information about his/her work into the work record book. Consequently, when hiring as a domestic worker, there is no need to have and fill out a work record book.
Working hours of domestic workers
According to paragraph 1 of Article 215 of the Labor Code, domestic workers are subject to the standards for working hours and rest time established by the said Code.
Thus, the duration of working hours should not exceed 40 hours per week (clause 1 of Article 77 of the Labor Code). However, in accordance with clause 2 of Article 215 of the Labor Code, by agreement of the parties in the employment contract, part-time work, night work, and overtime work may be established for the employee. 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 Employment Contract establishes that the procedure for applying and removing disciplinary sanctions against a domestic worker is determined by the employment contract. Thus, the parties themselves can settle this issue in the contract or use the provisions 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 termination of the employment contract with a domestic worker. If this is not done, the general rules of the Labor Code will apply.