The law establishes additional cases when management staff may be dismissed.
Subparagraph 16) of paragraph 1 of Article 54 of the Labor Code of the Republic of Kazakhstan provides for a special basis for termination of an employment contract with the head of the executive body of the employer, his deputy or the head of the employer's division - violation of labor duties resulting in material damage to the employer.
Only the following may be dismissed on this basis:
- The head of the executive body (director, president, general director, chairman of the board). This basis does not apply to other members of the collegial executive body (board, directorate).
- Deputy head of the executive body.
- Head of a division: separate (branch, representative office) or not separate (department, department, service).
The necessary conditions for the application of this basis are:
- violation by an employee of his/her work duties stipulated by law, the employment contract, job description and other acts of the employer;
- causing material damage to the employer as a result of the violation.
Cases of liability may include, for example, violation of labor protection requirements, rules for accounting of material assets, distortion of reporting data, abuse of official powers or their use for selfish purposes. Failure to perform any actions that were not the responsibility of the head of the organization (division) or deputy cannot be used as grounds for dismissal.