Unofficial translation
A footnote. Abolished by the Decree of the Government of the Republic of Kazakhstan dated November 24, 2021 No. 835 (effective from 01.01.2022).In accordance with Article 16 of the Law of the Republic of Kazakhstan dated November 30, 2018 On the Republican budget for 2019-2021, the Government of the Republic of Kazakhstan hereby RESOLVES:
1. To approve the attached Rules of appointing and (or) procedure of using funds for damage compensation to workers of the liquidated mines transferred to Karagandalikvidshakht limited liability partnership.
2. Invalidate Order No. 232 of the Government of the Republic of Kazakhstan dated April 28, 2017 “On approval of the Rules of appointing and (or) procedure of using funds for damage compensation to workers of the liquidated mines transferred to Karagandalikvidshakht limited liability partnership” (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2017, No. 16, art. 113).
3. This resolution shall take effect from January 1, 2019.
| Prime Minister | |
| of the Republic of Kazakhstan | A. Mamin |
| Approved by Resolution No. 574 of the Government of the Republic of Kazakhstan dated August 1, 2019 |
Rules
of appointing and (or) procedure of using funds for damage compensation to workers
of the liquidated mines transferred to Karagandalikvidshakht limited liability partnership
These Rules of appointing and (or) procedure of using funds for damage compensation to workers of the liquidated mines transferred to Karagandalikvidshakht limited liability partnership (hereinafter - the Rules) have been developed in accordance with Article 16 of the Law of the Republic of Kazakhstan dated November 30, 2018 On the Republican budget for 2019-2021 and establish the procedure of using funds for damage compensation to workers of the liquidated mines transferred to Karagandalikvidshakht limited liability partnership (hereinafter - Karagandalikvidshakht LLP).
Chapter 1. General Provisions
1. Earnings (income) lost by the laid off worker that he had or could definitely have, and also expenses caused by damage to his health (on medicines, medical examinations, rehabilitation, outside care, prosthetics, bank services, mail, etc.) are subject to compensation, if it is ascertained that he needs these types of help and care and does not receive them free of charge.
2. In the event of death of a worker, the persons referred to in Article 940 of the Civil Code of the Republic of Kazakhstan (Special Part) shall be entitled to compensation for damage (harm).
Chapter 2. The procedure for compensation of damage (harm) and return of funds
3. Compensation sums for damage (harm) caused to the life and health of the workers of the liquidated mines transferred to Karagandalikvidshakht LLP, in accordance with these Rules, shall be paid at the national budget expense.
Compensation of damage (harm) shall be paid in monthly installments.
4. The size of lost earnings (income) to be compensated shall be determined as a percentage to the average monthly earnings (income) before injury or other damage to health or before the onset of disability, corresponding to the extent of loss by the workers of professional capacity, and in the absence of it - general working capacity.
5. The sums of the compensation for damage (harm) paid by Karagandalikvidshakht LLP to workers of the liquidated mines shall annually grow in proportion to the average forecasted inflation rate according to the positions and professions indicated in Appendix 1 to these Rules, organizations located on the territory of Karaganda region, regardless of the type of activity, engaged in underground coal mining in accordance with Appendix 2 to these Rules.
6. Charging and payment of the sums of compensation for damage (harm) shall be made by Karagandalikvidshakht LLP.
7. The Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan shall monthly, by the 7th day, finance Karagandalikvidshakht LLP in accordance with the approved funding plan for the corresponding year.
8. Karagandalikvidshakht LLP shall make transfers of the charged compensation sums for damage (harm) through a bank to the account of the recipients.
9. Transfer of the damage (harm) compensation to other states of the Commonwealth of Independent States shall be carried out according to the residence place of the workers entitled to compensation for damage (harm).
The costs of services rendered by Karagandalikvidshakht LLP, bank branches, and mail shall be determined by the service contracts.
10. By the 20th day of the following month Karagandalikvidshakht LLP shall submit monthly report on the allocated funds for the previous month to the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan.
11. Workers of the liquidated mines receiving compensation for damage (harm) shall submit to Karagandalikvidshaht LLP:
living in the Republic of Kazakhstan - once a quarter (no later than the 5th day of the first month of the quarter)- information on the actual residence place;
living outside the Republic of Kazakhstan, once a quarter (no later than the 10th day of the first month of the quarter) - a notarized copy of the identity document, and also once a month (no later than the 5th day of the month)- information on the actual residence place.
12. The return of unused budget funds shall be carried out in accordance with the budget legislation of the Republic of Kazakhstan.
| Appendix 1 to the rules of appointing and (or) procedure of using funds for damage compensation to workers of the liquidated mines transferred to Karagandalikvidshakht limited liability partnership |
List of positions and professions
№ п/п | Name of positions and professions according to classifier of occupations of the State classifier of the Republic of Kazakhstan 01-2005 | Name of positions and professions from production accident reports and investigation reports on occupational poisoning and occupational diseases |
1 | 2 | 3 |
1 | Production floor supervisor (in industry) | Production floor supervisor, assistant site supervisor, head mechanic, chief of loading |
2 | Miners and workers of other occupations in surface and underground mining | Surface miner |
3 | Underground miner | Underground miner, underground rigger, underground installations operator, mine support haulage operator, mining roadway repairman, machine operator, cager, track man |
4 | Coalface miner | Coalface miner, coal hewer and loader |
5 | Underground installation fitter | Underground installation fitter, fitter |
6 | Loader | Loader |
7 | Boiler operator (stoker) | Ashman |
8 | Timberman | Timberman |
9 | Motorman | Motorman |
10 | Rock removing machine operator | Rock removing machine operator, combine operator, coal shearer operator, assistant combine operator |
11 | Drill rig operator | Drill runner operator |
12 | Shaftman | Shaftman |
13 | Bottom filler (underground) | Bottom filler |
14 | Plasterer | Plasterer- painter |
15 | Underground wireman | Underground wireman, duty fitter |
16 | Wireman (fitter) on-call repairman | Wireman, electrician |
17 | Instrumentation fitter | Wireman-automatic fitter |
18 | Supervisor | Director |
19 | Geologist | Geologist |
20 | Weigher | Weigher |
21 | Overman | Overman, EM distributor |
22 | Sectionman | Coal enrichment specialist |
23 | Shot-firer | Explosives engineer |
24 | Mechanical engineer | Mechanical engineer |
25 | Labor-rationing engineer | Underground time-keeper |
| Appendix 2 to the rules of appointing and (or) procedure of using funds for damage compensation to workers of the liquidated mines transferred to Karagandalikvidshakht limited liability partnership |
List of mines
Joint-Stock Company "Arcellor Mittal Temirtau"
1. Kazakhstan.
2. Shahtinsk.
3. Lenin.
4. Tentek.
5. Sararan.
6. Abay.
7. Kuzembayev.
8. Kostenko.
Association of coal industry enterprises "GEFEST"
1. Zapadnaja.
2. Limited liability partnership "Batyr".
Limited liability partnership "Rapid".
Branch of Limited liability partnership "Kazakhmys Corporation" – G.O.Omarov
shaft sinking trust