Questions and answers on employment
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Education
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What regulatory legal acts provide for the obligation to work off by young specialists who have studied on the state educational order?
In accordance with paragraph 17 of Article 47 of the Law "On Education" of the Republic of Kazakhstan, compulsory three-year work-off after the completion of the organization of higher and (or) postgraduate education is assigned to citizens who studied on the basis of a state educational order:
- within the quota for pedagogical, medical and veterinary specialties are obliged to work off in state educational organizations, state medical organizations, state veterinary organizations located in rural areas;
- educational grant for pedagogical and medical specialties in state educational organizations and state health organizations;
- educational grants for all other specialties work off in organizations, regardless of the form of ownership (since 2017 year of admission, young specialists);
- Doctors of philosophy PhD work off in institutions of higher and (or) postgraduate education or scientific organizations
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How are graduates assigned to work and who is involved in this?
Commissions for individual distribution are created annually for pedagogical and veterinary specialties at the relevant universities of the Republic of Kazakhstan, in which young specialists and PhDs complete their training, and for medical specialties, the Commission is created in the authorized body in the field of health.
The commissions make a individual distribution of young specialists and doctors of philosophy PhD and it is carried out on the basis of the employer's application.
The individual distribution of doctors of philosophy PhD is carried out according to the submitted documents and on the basis of information provided by the authorized bodies, according to the applications of universities and scientific organizations on the need for personnel.
This procedure is determined by the Rules for sending a specialist to work, granting the right to self-employment, exemption from the obligation or termination of the obligation to work by citizens who studied on the basis of the state educational order, approved by RK Government Resolution dated March 30, 2012 No. 390.
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Does a graduate who graduated from a rural quota have the right to work off in a city in a state educational organization or in a state health organization?
No, he/she doesn’t. If a young specialist has completed training under a rural quota in pedagogical and medical specialties in accordance with paragraph 17 of Article 47 of the Law "On Education", the young specialist is obliged to work off in public education / health organizations located in rural areas.
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What if there is no vacancy at the place of residence of the graduate?
According to clause 17-1 of RK Government Resolution dated March 30, 2012 No. 390, in the absence of vacant jobs, a young specialist / Doctor of Philosophy (Phd) must register as a job seeker directly at the employment center at the place of residence or through the web portal "electronic government" or the State Corporation "Government for Citizens", taking into account the time of being registered as an unemployed person during the working period, provide a document confirming registration at the Employment Center at JSC "Financial Center" to the supervising manager.
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When should the graduate arrive at the place of work?
Young specialists and doctors of philosophy PhD who have completed their studies in the current year, no later than September 1, arrive at the place of work in the direction (in accordance with the decision of the Commission on individual distribution).
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What measures are taken in case of non-fulfillment of obligations for working off?
JSC "Financial Center", as an operator of the authorized body in the field of education, provides monitoring and control over the compliance of graduates, their responsibilities for working off or reimbursement of budget funds in case of not working-off.
In case of revealed violations in the field of working-off, JSC "Financial Center" works with a young specialist and doctors of philosophy PhD: preparation of a written notice of compulsory working-off, calling young specialists at the contacts indicated by him, searching on social networks. And in case of failure to eliminate the existing violations and / or refusal to work, the issue is underway to return budget funds to the state, including juridically in court.
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Is there a deferral period for a graduate, and for how long?
Upon admission or conscription for urgent military service, a young specialist is given a deferral (by the decision of the Commission for the Individual Distribution of Young Specialists and Doctors of Philosophy PhD, an additional protocol is drawn up on the basis of a written application and a supporting document) and for the duration of his service, without counting the time spent in term of work.
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In what cases and what categories of graduates are exempted from work-off?
Exemption from the obligation to work off, according the Law, is provided by the decision of the Commission for Individual Distribution of Young Specialists or the Commission for Individual Distribution of Doctors of Philosophy PhD (Commission for Distribution, i.e. the organization of higher and (or) postgraduate education or the authorized body in the field of health care is preparing additional protocol, must be confirmed by appropriate documents) the following categories:
- persons in the absence of vacancies at the place of residence, work or service of a spouse;
- disabled people of I and II groups;
- persons who entered for further education in a magistracy, residency, doctoral studies (on a paid basis, state order or upon admission to a foreign educational organization);
- pregnant women, persons with, and independently raising a child (children) under the age of three years.
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A young specialist, trained on the basis of the state educational order for pedagogical and medical specialties after graduation has independently employed in a state organization not by specialty (for example: akimat, tax committee, public service center, etc.), will this work be counted?
No, the work in the above organizations, namely in akimats, tax committees, public service centers, etc. is not considered as possible. According to paragraph 17 of Art. 47 of the Law of the Republic of Kazakhstan "On Education", citizens who entered training on the basis of a state educational order in pedagogical, medical specialties, work off respectively in state educational organizations, state health organizations, at least three years after graduation from the organization of higher and (or) postgraduate education ... A young specialist must find a job in a state educational organization (school, kindergarten, nursery school, college, university) and a state health organization (hospitals, clinics).
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After graduation, a young specialist, who has partially worked in a state educational organization, is dismissed due to marriage, is the obligation to work terminated?
For the proper fulfillment of the obligation to work off, provided for in paragraph 17 of Art. 47 of the Law of the Republic of Kazakhstan "On Education", a young specialist must work in a state educational organization for at least three years after graduating from higher and / or postgraduate education, or register as unemployed at the employment center at the place of residence. In case of failure to fulfill the obligation to work, the young specialist is obliged to reimburse the costs incurred from budget funds in connection with his/her training to the republican budget.
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A young specialist, after completing his/her studies on a state educational order in the same year, entered the magistracy at a paid department, does the duty to work terminate for this reason?
In this case, a young specialist must apply to the Commission on Individual Distribution, which is created under the relevant organizations of higher and (or) postgraduate education, where the young specialist studied, in order to obtain an exemption from working off provided by the Law of the Republic of Kazakhstan. In accordance with clause 8 of the Rules for sending young specialists to work, approved by the Government of the Republic of Kazakhstan dated March 30, 2012 No. 390, the commission is created annually. In turn, in accordance with paragraph 17-2 of Art. 47 of the Law of the Republic of Kazakhstan "On Education" provides for the rules exempting from compulsory work: upon admission for further education in magistracy, residency, doctoral studies; pregnant women and persons with independently raising children up to 3 years old, disabled persons of 1 and 2 groups and in the absence of vacancies at the place of residence, work or service of a spouse.
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Is it possible to count work-off in their specialty in organizations (from the quasi-public sector) with a share of the state (for example, an educational institution is a joint-stock company, where 50-100% of the shares belong to the state, etc.)
For the proper fulfillment of the obligation to work off on pedagogical, medical specialties provided for by the legislation of the Republic of Kazakhstan, a young specialist is obliged to work in a state educational organization and a state healthcare organization. Also in the Law "On State Property" it is stated that a state legal entity is state institutions and state enterprises. It is not possible to count the work done in these organizations.
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Are persons who entered the magistracy in subsequent years after graduating from the university exempted from working off?
According to part 2 of paragraph 17 of Article 47 of the Law of the Republic of Kazakhstan "On Education" (hereinafter referred to as the Law), citizens of the Republic of Kazakhstan who enrolled in pedagogical, medical, veterinary specialties on the basis of a state educational order are required to work in state, medical and veterinary educational institutions at least three years after graduation from the organization of higher and (or) postgraduate education.
Subparagraph 3) of paragraph 17-2 of Article 47 of the Law provides for exemption from the obligation to work for persons who have entered for further education in magistracy, residency, doctoral studies.
In accordance with part 1 of article 6 of the Civil Code of the Republic of Kazakhstan, the norms of civil legislation must be interpreted in accordance with the literal meaning of their verbal expression.
From the meaning of these norms of the Law, it follows that the Commissions have the right to exempt young specialists and doctors of philosophy (PhD) from working off only in case of admission to the magistracy, residency, doctoral studies in the year of completion of training, but not in subsequent years, that is, when considering the issue of exemption from working off, the time factor must be taken into account, namely the timeliness of the fulfillment of obligations.
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In case of partial work (not full 3 years), is it possible to pay the amount owed for the remaining period? Is it possible to pay the amount of debt for training in parts (in installments)?
According to paragraph 17 of Article 47 of the Law of the Republic of Kazakhstan "On Education" (hereinafter referred to as the Law) and paragraph 4 of the Rules for sending young specialists to work, approved by the Government of the Republic of Kazakhstan dated March 30, 2012 No. 390 (hereinafter referred to as the Rules), citizens who enrolled for training in pedagogical and medical specialties on the basis of a state educational order, work off in state educational organizations and state health organizations for at least three years after graduation from the organization of higher and (or) postgraduate education. For failure to fulfill the obligation to work off, a young specialist is obliged to reimburse the expenses incurred from budget funds in connection with his/her training to the republican budget (paragraph 17-4 of article 47 of the Law).
In accordance with Art. 272 and 273 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan), the obligation must be performed properly in accordance with the terms of the obligation, unilateral refusal to fulfill the obligation and unilateral change of its conditions are not allowed.
In accordance with paragraph 1 of Art. 349 of the Civil Code of the Republic of Kazakhstan, a violation of an obligation means its failure to perform, or improper fulfilment.
According to the Law and the Rules, there are no provisions that determine the recalculation of spent budget funds in the event of partial working off or installments to reimburse budget funds related to training. At the same time, the amount for training is calculated annually by the decree of the Government of the Republic of Kazakhstan with the average cost of training 1 student per academic year.
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What regulatory legal acts provide for the obligation to work off by young specialists who have studied on the state educational order?
