Unofficial translation
Footnote. Abolished by the Decree of the Government of the Republic of Kazakhstan dated 06/16/2023 No. 479 (effective from the date of its first official publication).In accordance with paragraph 6 of Article 53 of the Law of the Republic of Kazakhstan dated November 23, 2015 On the Civil Service of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan hereby RESOLVES:
1. To approve the attached Rules for calculating the service length of civil servants, entitling for setting an official salary.
2. This resolution shall be enforced from the day of its first official publication.
Prime Minister | |
of the Republic of Kazakhstan | B. Sagintayev |
Approved by Resolution No. 687 of the Government of the Republic of Kazakhstan dated October 30, 2017 |
Rules
of calculating the service length of civil servants, entitling for setting an official salary
1. These Rules for calculating the service length of civil servants entitling for setting an official salary (hereinafter - the Rules) are developed in accordance with paragraph 6 of Article 53 of the Law of the Republic of Kazakhstan dated November 23, 2015 On the Civil Service of the Republic of Kazakhstan and govern the procedure for calculating the service length of civil servants, entitling for setting an official salary.
2. The service length entitling for setting an official salary in accordance with the coefficients for calculating official salaries and benefits for health improvement of public servants, established on the basis of the unified system of remuneration for employees of the bodies of the Republic of Kazakhstan, supported at the state budget expense, approved by the Government of the Republic of Kazakhstan in coordination with the President of the Republic of Kazakhstan, includes the entire time in public service, which is calculated from the moment of appointment or election to a public post until termination of the public service in the procedure established by the legislation of the Republic of Kazakhstan in the field of public service.
3. In calculation of the service length entitling for setting a salary, time shall also be included of:
1) military service in the Armed Forces, other troops and military units of the Republic of Kazakhstan, the former Union of Soviet Socialist Republics (hereinafter -the USSR), as well as the period of study at special educational institutions and special initial training;
2) service from the date of appointment (including internship) in law enforcement bodies, including the state courier service, financial police (tax police (police), state fire service, penal system, including the former USSR, the former State Investigative Committee of the Republic of Kazakhstan, as well as the training time in special educational institutions and special initial training;
3) service in special state bodies, including the period of study at special (military) educational institutions, also the length of service of employees counted as seniority in accordance with the legislation of the Republic of Kazakhstan on special state bodies;
4) service as judges and in state (responsible) posts in the offices (chancery) of the courts of the Republic of Kazakhstan and the former USSR;
5) unpaid leave for childcare up to the child’s age of three years, as well as other types of unpaid social leaves for persons in the civil service;
6) employment in the National Bank of the Republic of Kazakhstan and its subsidiaries, also in the system of the State Bank of the former USSR;
7) work in elected and other senior positions in the party, trade union and Komsomol bodies of the Kazakh Soviet Socialist Republic and the Republic of Kazakhstan until January 1, 1992;
8) work in state institutions and state enterprises in managerial positions or posts corresponding to the functional areas of a particular administrative public position;
8-1) work in entities of the quasi-public sector and / or large business in executive positions or positions corresponding to the functional areas of the held public office for political civil servants, administrative civil servants of corps “A”, as well as corps “B” of categories A-1, A-2, B-1, B-2, C-1, C-2, C-O-1, C-O-2, C-R-1, CR-2, D-1, D-2, D-O-1, D-O-2, E-1, E-2, ER-1;
9) work in the positions of technical support and maintenance of state bodies and their offices, if this work refers to the positions of public servants in accordance with the legislation of the Republic of Kazakhstan;
10) work in international organizations or other states in the direction of state bodies and state organizations, if before the appointment the employee had been in the public service proper;
11) work in the Eurasian Economic Commission and the Court of the Eurasian Economic Union;
12) time in off-the-job training, retraining and advanced training courses for the personnel, as well as studying abroad in the direction of state bodies and organizations, if the employee had been in the public service before returning and after returning to the public service;
13) exercise of the powers of a deputy of the Parliament of the Republic of Kazakhstan, as well as a deputy of maslikhat working on a permanent basis;
14) holding an interim appointment filling up a vacant administrative state post during the period of the state body creation, and also pending the special audit results;
15) from the moment of unlawful dismissal of civil servants until their reinstatement in the civil service;
16) work while on probationary period upon admission to the state and law enforcement services.
Footnote. Clause 3 as amended by the Decree of the Government of the Republic of Kazakhstan dated 11.09.2019 No. 684 (shall be enforced from the date of its first official publication).4. For law enforcement servants, the service time in law enforcement bodies and military service in the Armed Forces, other troops and military units of the member states of the Commonwealth of Independent States shall count in the service length entitling for setting an official salary.
5. The service length entitling for setting an official salary shall be determined by the commission for setting seniority, the membership of which is approved by a person authorized to appoint and dismiss employees of a state body.The grounds for considering seniority entitling for fixing an official salary shall be:
1) application of a civil servant;
2) appointment of a civil servant to a public position in a state body.
Decision of the commission on establishment of seniority, entitling for setting an official salary, shall be drawn up in minutes, a copy of which is directed to the accounting department.
At the civil servant’s request the human resources service (personnel service) shall issue an extract from the decision of the commission to him within three working days and certify it.
6. The main documents for determining the service length entitling for setting an official salary are an employment record book or a track record.
In the absence of an employment record book, track record, or a necessary record or in the event of incorrectly or inaccurately recorded work periods, an employment contract, extracts from acts of the employer, extracts from the payroll list, extracts from the unified accumulative pension fund of the listed mandatory pension contributions, information from the State Social Insurance Fund on the social deductions, letter of employment verification or archive transcript containing information about the person’s employment history, as well as the military card shall be accepted to confirm the length of service entitling for establishment of an official salary. Confirmation of the seniority giving the right to establish an official salary by witness testimony shall be carried out in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
6-1. A document confirming the length of service in a large business entity specified in subparagraph 8-1) of paragraph 3 of these Rules shall be information that a large business entity meets one or two of the following criteria: average annual number of employees more than two hundred and fifty people and (or) average annual income the size of more than three million-fold monthly calculation indicator established by the law on the republican budget, effective as of January 1 of the corresponding financial year.
Footnote. The rules are supplemented by paragraph 6-1 in accordance with the Decree of the Government of the Republic of Kazakhstan dated September 11, 2019 No. 684 (shall be enforced from the date of its first official publication).7. For employees who, within a calendar month, acquire the right for a rise in the official salary, the calculation of the official salary, taking into account the length of service, shall start from the day such a right arises.
8. Service length entitling for setting an official salary in accordance with these Rules, shall be calculated in chronological order, unless otherwise provided by the legislation of the Republic of Kazakhstan.