The law establishes additional cases when employees of the management staff may be dismissed.
Subparagraph 16) of paragraph 1 of Article 54 of the Labor Code of the Republic of Kazakhstan provides a special basis for terminating an employment contract with the head of the executive body of the employer, his deputy or the head of the employer's department - violation of labor duties that caused material damage to the employer.
On this basis, only:
- Head of the executive body (director, president, general director, chairman of the board). This basis does not apply to other members of the collegial executive body (board, directorate).
- Deputy head of the executive body.
- Head of a subdivision: isolated (branch, representative office) or non-isolated (department, department, service).
The necessary conditions for the application of this basis are:
- violation by the employee of his labor duties stipulated by law, labor contract. job description and other acts of the employer;
- causing material damage to the employer as a result of the violation.
Cases of liability may include, for example, violation of labor protection requirements, rules for accounting for material assets, distortion of reporting data, abuse of official authority or use of them for personal gain. Failure to perform any actions that were not the responsibility of the head of the organization (subdivision) or deputy cannot be laid as the basis for dismissal.