Electronic employment agreements in SASEA
The labour market of the Republic of Kazakhstan is digitizing actively. Conclusion of electronic employment agreements is gaining momentum. The Single Accounting System for Employment Agreements (SASEA), which are concluded in electronic form, is being introduced.
Electronic employment agreements are optional to the traditional form of employment agreements concluded in writing. Registration of an employment agreements is carried out through the website: https: //www.enbek.kz. To do this, you need to register on the Electronic Labour Exchange Portal (www.enbek.kz) (hereinafter: ELE), information about a company should be confirmed by digital signature. The main advantages of SASEA are as follows:
- facilitation of the employment process thanks to the absence of need to gather paper documents;
- protection against social risks due to displaying the existence of an agreement, contributions and deductions to funds, as well as securing the obligations of an employer to an employee.
Agreements can be concluded in two languages: Kazakh and Russian.
In e-Gov Personal Account, one can check information about a current employment agreement in the "Employment" section, which displays a company`s name, date of an agreement conclusion, an agreement number and position of an employee.
Procedure for submission and obtainment of data to/from SASEA
An employer should enter information on conclusion and termination of an employment agreement with an employee as well as changes and (or) additions thereto into SASEA.
An employer enters information into SASEA through integrating staffing with SASEA or through Electronic Labor Exchange Portal or other information systems for automating the accounting of employment agreements integrated with SASEA:
- on conclusion and termination of an employment agreement with an employee,
- on changes and (or) additions into an employment agreement.
Mandatory data about employment agreements:
- details of the parties: IIN for an employer-individual or BIN for an employer-legal entity, an employee`s IIN;
- work in a certain specialty, profession, qualification or position (labour function);
- work site;
- an employment agreement term;
- work commencement date;
- date of an agreement conclusion and its sequence number.
Additional data about employment agreements:
- working schedule;
- reasons for termination of an employment agreement;
- military duty.
Data is provided by an employer or Head of HR Department who is entrusted with this responsibility by an employer`s act.
Terms for entering data into SASEA:
1) on concluded employment agreements: no later than 5 working days from the date of an employment agreement signing by both parties;
2) on employment agreements that have not expired:
- for companies that employ up to 2 000 people: within 1 year from the date of entry into force of the Rules;
- for companies that employ over 2 000 people: within 2 years from the date of entry into force of the Rules;
3) on changes and additions to an employment agreement: no later than 15 calendar days from the date of an employment agreement signing by both parties;
4) on adjustment in case of an employee restoration at work: within 10 working days from the date of restoration;
5) on correcting an error if information was entered incorrectly: within 30 calendar days from the date of entering initial data;
6) removal of data if the details about an employee and (or) employer were entered incorrectly: within 30 calendar days from the date of entering initial data;
7) on termination of an employment agreement: no later than 3 working days from the date of an employment agreement termination.
Data from SASEA is provided to individuals and legal entities by an authorized government agency for labour, taking into account the requirements of the legislation of the Republic of Kazakhstan on personal data and its protection based on a request in electronic or paper form.
Liability in case of violation of terms or failure to provide data to SASEA
There is no strict liability in the Administrative Violations Code for failure to entry or untimely entry of data into SASEA. Fulfillment of the requirements will be carried out by State Labour Inspectors (SLI) under the state control, and if employers fail to fulfill their liabilities to enter data into SASEA then instructions will be issued to them indicating deadlines for elimination.In case of failure to comply with an instruction issued by SLI, materials will be sent to judicial authorities for imposition of administrative sanctions.
Last update: 10.09.2021