What employment benefits can employees with disabilities expect?

Benefits and guarantees

What law provides for

Commentary

No probationary period for an employee with a disability who was sent to work on the basis of the recommendations of the MSEC

Article 26 KZPP

If a person with a disability is referred to a job by the employment center, they cannot be placed on probation. If a person is employed on a general basis, then a probationary period can be established.

For medical reasons, an employee with a disability needs to be temporarily or permanently transferred to a lighter job

Art. 170 KZPP

When transferring to a lighter and lower-paid job, an employee with a disability retains the previous (higher) salary for another two weeks

At the request of an employee with a disability, the employer must establish a reduced working day or week of the duration requested by such an employee. In this case, the salary is calculated in proportion to the time worked

Art. 172 of the Labor Code

Part-time work is provided for in Article 56 of the Labor Code:

• of a busy day;

• a short workday;

• a combination of the previous options.

Employees with disabilities may be engaged in night work (from 22.00 to 06.00) or overtime only with the consent of such an employee, provided that such work does not contradict medical recommendations

Article 55 of the Labor Code and Article 63 of the Labor Code

Every time an employee with a disability works at night or overtime, you must obtain the employee's written consent to such work

An employee with a disability may take paid annual leave before the end of the six-month period of continuous employment and at a time convenient for him or her

Art. 10 of the Law "On Vacations"

You still need to agree on the date of departure with the employer

Length of annual vacation:

• for persons with disabilities of groups 1 and 2 - 30 calendar days;

• for persons with disabilities of group 3 - 26 calendar days.

Article 6 of the Law "On Vacations"

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The duration of the vacation is at your own expense:

• for persons with disabilities of groups 1 and 2 - 60 calendar days;

• for persons with disabilities of group 3 - 30 calendar days.

Articles 6 and 7 of the Law "On Vacations"

This leave is granted in addition to the paid leave of 15 calendar days upon agreement with the employer.

In the event of staff reductions, those who are retained have the advantage of staying on the job:

• people with disabilities, war veterans, and combatants;

• employees who have suffered work-related injuries;

• disabled Chernobyl victims.

Art. 42 KZPP

In case of dismissal of an employee with a disability under Article 40 of the Labor Code, the employer must:

• coordinate dismissal with the trade union;

• pay severance pay in the amount of the average monthly salary.

If an employee with a disability resigns at his or her own request, he or she does not have to serve two weeks' notice.