February 15, 2019 in the Federation of the Trade Unions of Kazakhstan held a working meeting with the leadership of the FPRK miners regressors on infringement of their rights in compensation for harm to health at work.
At the meeting, issues on further solution of the above issues were discussed. The parties agreed that it is necessary to prepare a letter to the Ministry of labour and social protection of the population with specific proposals regarding the removal of age restrictions in the implementation of payments to workers affected by the production, the return of the norm to the Civil code of the Republic of Kazakhstan in terms of recalculation by the employer of the amount of compensation for lost earnings, determined as a percentage of increased average earnings, as well as the application of the constitutional principle “the law has no retroactive force”.
For reference: for three years, the Federation of trade unions of the Republic of Kazakhstan receives applications from members of the working group of disabled regressors of the Karaganda region to infringe their rights in matters of compensation for harm to health at work.
The Federation sent a letter to the Government of the Republic of Kazakhstan to consider this issue and take measures to amend and Supplement the legislative acts on the payment of damages to victims of production.
This issue is related to the adoption of the Law of the Republic of Kazakhstan №311-V dated April 27, 2015 “on amendments and additions to some legislative acts of the Republic of Kazakhstan on insurance and Islamic Finance” (hereinafter – the Law).
In contrast to the previous system, the new system of compensation for damage introduced by the Law provides for:
- implementation of compensation of harm to the worker in connection with establishment of degree of loss of professional working capacity by him from 5 to 29% by the employer;
- implementation of compensation of harm in part of the lost earnings only before reaching the retirement age;
- implementation of insurance payments minus social benefits from the state social insurance Fund;
- taking into account the size of the average monthly earnings, when calculating the lost earnings to be reimbursed by the insurance company, not more than tenfold of the minimum wage.
In connection with the transition to a new system of compensation for harm caused to the life and health of the employee, certain groups of injured workers in the production of payments
from insurance companies have been reduced or discontinued, also in violation of the law of compensation for harm were not made by employers.