Certain portions of this exhibit (indicated by “[***]”) have been omitted pursuant to Item 601(a)(6) of Regulation S-K. This exhibit is an English translation of a foreign language document. The Company hereby agrees to furnish to the SEC, upon...
EXHIBIT 10.05
Certain portions of this exhibit (indicated by “[***]”)
have been omitted pursuant to Item 601(a)(6) of Regulation
S-K.
This exhibit is an English translation of a foreign language
document. The Company hereby agrees to furnish to the SEC, upon
request, a copy of the foreign language document.
SUPPLEMENTARY AGREEMENT
TO THE EMPLOYMENT CONTRACT No. 15-128 dated February 9,
2015
|
Almaty
|
January 25, 2016
|
The Parties hereto:
EMPLOYER: Freedom Finance Joint Stock Company, located at: office 04, 17th floor, block 4B,
Nurly-Tau PFC, 00, Xx-Xxxxxx xxx., Xxxxxx, Certificate of state
re-registration of legal entity No. 5350-1910 -01-АО
issued by the Department of Justice of the Bostandyk District of
the Department of Justice of Almaty on September 09, 2013 (the date
of the initial state registration is November 01, 2006), BIN
061140003010, represented by the Chairman of the Management Board,
Mr. Minikeyev Roman Damirovich, acting based on the Charter,
and
EMPLOYEE: Mr. Ler Evgeniy Oskarovich, ID number [***]-issued by the Ministry of Internal Affairs dated
[***], IIN [***], residing at the address: [***], hereinafter
jointly referred to as the Parties, have concluded this
supplementary agreement to the employment contract No. 15-128 dated
February 9, 2015 (hereinafter referred to as the "Employment
Contract") of amendments and alternations as
follows:
1.
The
text of the Employment Contract to be set forth as
follows:
EMPLOYMENT XXXXXXXX Xx. 00-000
|
Xxxxxx
|
February 9, 2015
|
The Parties hereto:
EMPLOYER: Freedom Finance Joint Stock Company, xxxxxx 00, 00xx xxxxx, xxxxx 0X, Xxxxx-Xxx XXX,
00, Xx-Xxxxxx xxx., Xxxxxx, Certificate of state re-registration of
legal entity No. 5350-1910 -01-АО issued by the
Department of Justice of the Bostandyk District of the Department
of Justice of Almaty on September 09, 2013 (the date of the initial
state registration is November 01, 2006), BIN 061140003010,
represented by the Chairman of the Management Board, Mr. Minikeyev
Roman Damirovich, acting based on the Charter,
and
EMPLOYEE: Mr. Ler Evgeniy Oskarovich, ID number [***] issued by the Ministry of
Justice dated [***], IIN [***], residing at the address: [***],
hereinafter jointly referred to as the Parties, have concluded this
employment contract (hereinafter - the Contract) as
follows:
1. THE
SUBJECT OF THE CONTRACT
1.1.
The
employment relationship between the Employer and the Employee are
stipulated and regulated hereby.
1.2.
The
Employer accepts the Employee for employment, and the Employee
agrees to be accepted by the Employer on the terms
hereof.
1.3.
The
Employer accepts the Employee for the position of Managing Director
on investment banking of the Freedom Finance Joint Stock Company,
to fulfill the duties established by the duty regulations and the
Employer's internal documents regulating its
activities.
1.4.
Place
of work: at the location of the Employer.
1.5.
The
starting date for the work is: February 9, 2015.
1.6.
Hereunder
the Employee undertakes to carry out the work personally, observe
the rules of the Employer's work schedule, and the Employer
undertakes to provide the Employee with scope of work under
stipulated labor function, to provide working conditions stipulated
by the legislation of the Republic of Kazakhstan and by
Employer’s acts, to pay the salary timely and completely to
the Employee.
1.7.
The
Parties recognize that their rights and obligations are regulated
by this Contract, Employer’s acts and current legislation of
the Republic of Kazakhstan.
2. TERMS OF THE CONTRACT
2.1.
This
Contract is concluded for a definite period from February 9, 2015
by February 9, 2016.
2.2.
Upon
the expiry of the terms of the Contract stipulated in paragraph
2.1. hereof, Parties have the right to extend it for an indefinite
or definite period but not less than one year.
2.3.
If
upon the expiration of the terms of the Contract stipulated in
paragraph 2.1. hereof, neither of the Parties has notified in
writing about the termination of the employment relationship within
the last working day, this Contract is considered to be extended
for the same term as previously concluded.
2.4.
The
Employer has the right to extend the Contract for a definite period
of not less than one year not more than two times. Upon
continuation of the employment relationship this contract is
considered to be concluded for an indefinite period.
2.5.
If
the Employee has reached retirement age and at the same time has a
high professional and qualification level and taking into account
his efficiency, the contract may be extended annually without the
restriction provided in paragraph 2.4. hereof.
3. ACCEPTANCE FOR EMPLOYMENT
3.1.
The
acceptance the Employee for employment is formalized by the
Employer’s act to be issued based on the
Contract.
3.2.
In order to verify the compliance of the
qualification of the Employee with the entrusted work the Employee
is given a probation period of 1 month since agreement
date. The Employee is subject
to the norms of the current legislation of the Republic of
Kazakhstan during the probation period.
3.3.
The
Employer is entitled to terminate the Contract notifying the
Employee in writing, indicating the reasons of such termination if
the Employee's work results are negative during the probation
period.
3.4.
If
the probation period has expired and neither Party has notified
about the termination hereof, the Employee is considered to have
passed the probationary period.
4.
WORK AND REST SCHEDULE
4.1.
The
Employee’s work and rest schedule is regulated by the terms
of this Contract and the current labor legislation of the Republic
of Kazakhstan, in with connection, the normal duration of working
time is established for Employee in accordance with p.1 of cl.68
and p.1 of cl. 71 of the Labor Code of the Republic of
Kazakhstan:
1)
a five-day working
week with two days off - Saturday and Sunday;
2)
an eight-hour
working day - from 09.00 hours to 18.00 hours;
3)
one
hour of a break for rest and meals - from 13.00 to 14.00, the
employee is entitled to use this tine at own
discretion
4.2.
The
Employee is provided with the following types of paid annual labor
leaves:
4.2.1.
The
main paid annual labor leave is 30 (thirty) calendar days
(excluding holidays within the days of paid annual leave,
regardless of using operating modes and shift schedules) with
preservation of the place of work, position and average
salary;
4.2.2.
Additional
paid annual labor leave in accordance with cl. 89 of the Labor Code
of the Republic of Kazakhstan.
4.3.
The
employee’s paid annual labor leave for the first and
subsequent years of work is granted at any time during working year
by agreement of the Parties.
4.4.
The paid annual
leave can be divided into parts by agreement of the Parties. In
this case one part of the paid annual labor leave must be at least
two calendar weeks.
4.5.
The paid annual
labor leave can be interrupted by the Employer in case of
operational needs only with the Employee’s written consent.
The unused due to recall part of the paid annual labor leave is
granted during the current year or next working year at any time or
joins with paid annual labor leave for the next working year under
agreement of the Parties. When Employee’s recalling from a
paid annual labor leave, the Employee can be compensated for the
unused days of paid annual labor leave instead of providing an
unused part of the leave at another time by agreement between the
Employee and the Employer.
4.6.
The Employee is
also provided with the following types of social labor
leaves:
4.6.1.
Leave without
pay;
4.6.2.
Educational
leave;
4.6.3.
Leave in connection
with pregnancy and childbirth (children), adoption of a newborn
child (children), on the basis of a temporary incapacity for work
sheet, with duration established by the Labor Code of the Republic
of Kazakhstan;
4.6.4.
Leave without pay
to care for the child until he reaches the age of three, based on
the Employer's application and the birth certificate or other
document confirming the birth of the child.
4.7.
The Employer is
obliged to grant leave without pay for up to five calendar days
upon the registration of marriage, the birth of a child and the
death of close relatives based on a written application of the
Employee.
4.8.
In case of good
excuse the leave without pay may be granted to the Employee by the
decision of the Employer based on a written
application.
4.9.
The Employee has
the right for other types of labor leaves upon reasons provided by
the legislation of the Republic of Kazakhstan.
5.
TERMS
OF WAGES PAYMENT
5.1.
The salary is to be
paid to the Employee for actually worked time recorded in the
documents of the Employer for the recording of working
hours.
5.2.
A set wage is
established to the Employee in the amount prescribed by Annex No. 1
hereto.
5.3.
The salary is paid
to the Employee once a month not later than the 10th (tenth) date
of the next month following the reporting (settlement) month, by
transferring money to the Employee's bank account. At the same
time, the advance payments can be made in the order established by
the internal documents of the Employer.
5.4.
The Employee may be
awarded in the manner and in the amount established by the Employer
depending on the specific contribution to the development of the
Employer, upon the results of work or by other
reasons.
5.5.
The salary of the
Employee can be increased for conscientious fulfillment of duties
by the Employee, improvement of professional qualification,
observance of the terms of this Contract, creative
initiative.
5.6.
Periods of
temporary disability of the Employee, confirmed by official medical
documents, are paid by the Employer in accordance with the
legislation of the Republic of Kazakhstan.
5.7.
Payment for
overtime work and work on holidays and weekends is fulfilled in
accordance with the Labor Code of the Republic of
Kazakhstan.
5.8.
Deductions from the
Employee salary to pay off his debt to the Employer may be
fulfilled based on the Employer's Act with written notice to the
Employee. The amount of the monthly deduction cannot exceed 50% of
the salary due to the Employee. The Employer has the right to make
deductions from the salary without the written consent of the
Employee in the following cases:
5.8.1.
For repayment of
unspent and timely non-refunded money received in connection with a
business trip, as well as in the case of failure to provide
documents confirming the charges related to the business
trip;
5.8.2.
In cases providing
reimbursement to the Employer the costs related to the Employee
training (subject to the existence of a training agreement) in
proportion to the unworked part of the set term upon the
termination of the employment contract before its
expiry;
5.8.3.
For reimbursement
of an unearned advance paid to an employee in the wage
xxxx;
5.8.4.
In cases of defer
the paid annual labor leave or recall of the Employee, with the
exception of paragraph 3 of Clause 95 of the Labor Code of the
Republic of Kazakhstan;
5.8.5.
In other cases,
with the Employee written consent.
6. CHARACTERISTIC OF WORKING CONDITIONS
6.1.
The Employee
working conditions are normal and are characterized as
follows:
1)
the Employee is
provided with a workplace in the office that meets the requirements
of safety and labor protection;
2)
the office is
provided with sanitary facilities and the necessary sanitary and
hygienic conditions are created;
3)
the work does not
refer to heavy ones and is not performed in harmful (especially
harmful) and (or) dangerous conditions.
6.2.
The Employer
provides the Employee with the necessary conditions for performing
his duties: equipped workplace, necessary documentation,
information, sets tasks and gives the orders within
Employee’s duties.
6.3.
The Employee duties
are regulated by the Contract, the duty regulations, the Employer
Acts.
6.4.
In cases of
operational needs, the Employer has the right to recruit the
Employee to work on weekends and holidays with his written consent,
except for the cases provided in Cl. 86 of the Labor Code of the
Republic of Kazakhstan, and workers working on the schedule of
shifts.
6.5.
The Employer has
the right to move the Employee without his consent to another
workplace or to another structural unit in the same locality or to
entrust him with work within the limits of his title, specialty,
profession, qualification, stipulated by the Contract. The change
in the name of the title (work) of the Employee, the structural
unit, the change in the management structure, which do not entail a
change in the working conditions for the Employee, can be carried
out by the Employer without the Employee consent.
6.6.
The Employer, in
the event of operational needs, including temporary replacement of
the absent employee, has the right to transfer the Employee without
his consent for up to three months within a calendar year to
another work not stipulated hereby and not contraindicated to him
for health reasons, with payment for performed work, but not lower
than the average salary for the previous work.
6.7.
In case of idle
time the Employer has the right to transfer the Employee without
his consent to another job, not contra-indicated for health
reasons, for the whole period of idle time. While temporarily
transferring to another job in case of idle time, the wages of the
Employee is to be paid for the performed work.
6.8.
In connection with
the changes in the Employer's production related to the
reorganization or changes in economic, technological conditions,
the conditions of the organization of work and (or) the reduction
of the scope of work, the Employee working conditions may be
changed while continuing to work in accordance with his specialty
or profession corresponding to his qualification. When the working
conditions change, the appropriate amendments and supplementary are
made hereto.
6.9.
The Employee may be
sent both within the Republic of Kazakhstan and abroad to perform
job assignments related to the performance of his official duties,
with observance of restrictions established by the labor
legislation of the Republic of Kazakhstan.
7. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE
7.1.
The Employee has
the rights:
7.1.1.
To conclude, to
amend, to supplement, to terminate and to cancel hereof in the
manner and under the terms stipulated by the Labor Code of the
Republic of Kazakhstan;
7.1.2.
To require of the
Employer to fulfill the terms and condition hereof;
7.1.3.
For safety and
labor protection;
7.1.4.
Of obtaining
complete and reliable information about working conditions and
labor protection;
7.1.5.
For timely and full
payment of wages in accordance with the provisions
hereof;
7.1.6.
For payment of idle
time in accordance with the current legislation of the Republic of
Kazakhstan;
7.1.7.
To rest, including
paid annual labor leave;
7.1.8.
Of association,
including the right to establish a trade union, as well as
membership in, to provide protection of their labor rights, unless
otherwise provided by the laws of the Republic of
Kazakhstan;
7.1.9.
Of participation
through representatives in collective bargaining and the drafting
of a collective agreement, as well as acquaintance with the signed
collective agreement;
7.1.10.
Of compensation for
harm caused to health in connection with the performance of labor
duties;
7.1.11.
Of Compulsory
social insurance;
7.1.12.
Accident insurance
while performance the labor duties;
7.1.13.
For guarantees and
compensation payments;
7.1.14.
For protection of
own rights and interests by all legal methods;
7.1.15.
For Equal pay for
equal work without any discrimination;
7.1.16.
To appeal for the
resolution of an individual labor dispute consistently in the
conciliation commission, the court in the manner prescribed by the
legislation of the Republic of Kazakhstan;
7.1.17.
For workplace
equipped in accordance with the requirements of safety and labor
protection;
7.1.18.
Provision with
individual and collective protection equipment, special clothing in
accordance with the requirements provided for by the legislation of
the Republic of Kazakhstan, as well as this Contract;
7.1.19.
To refuse to
perform the work in the event of a situation that threat to his
health or life, with a immediate notice to the manager or
representative of the Employer;
7.1.20.
To appeal to the
authorized state labor authority and (or) the local labor
inspectorate to conduct a survey of safety and health conditions in
the workplace, as well as to participate in the verification and
review of issues related to the improvement of work conditions,
safety and labor protection;
7.1.21.
To appeal against
the actions (inaction) of the Employer in the sphere of labor and
directly related relations;
7.1.22.
For payment for
work in accordance with the qualifications, complexity of work, the
quantity and quality of the work performed, as well as work
conditions;
7.1.23.
For resolution of
individual and collective labor disputes, including the right to
strike, in the manner prescribed by the legislation of the Republic
of Kazakhstan;
7.1.24.
For ensuring the
protection of personal data stored by the Employer.
7.2.
The Employee is
obliged:
7.2.1.
To start fulfilling
own obligations hereunder from the date of its
signing;
7.2.2.
To perform labor
duties conscientiously, timely and qualitatively in accordance with
this Contract, duty regulations, work plans, Acts of the
Employer;
7.2.3.
To observe labor
discipline;
7.2.4.
To observe the
requirements for safety and labor protection, fire safety,
industrial safety and industrial sanitation at the
workplace;
7.2.5.
To inform the
Employer about a situation that poses a threat to the life and
health of people, the safety of the Employer other employees
property, and the occurrence of idle time;
7.2.6.
Not to disclose
information constituting state secrets, official, commercial or
other secret protected by law, which became known to him in
connection with the performance of his duties;
7.2.7.
To compensate the
Employer for the harm caused within the limits established by the
legislation of the Republic of Kazakhstan;
7.2.8.
To observe the
Employer's Labor Rules and labor discipline;
7.2.9.
To use the working
time productively;
7.2.10.
to have official
business trips by the instructions of the Employer;
7.2.11.
To develop the
relations of comradely cooperation and mutual
assistance;
7.2.12.
To refrain from
property damage to the Employer in the course of the work, to take
care of the Employer and employees property, including the office
equipment and equipment in the Employee use, to ensure the safety
of the material values and documentation entrusted to
him;
7.2.13.
Maintain and
enhance the reputation of the Employer;
7.2.14.
In case of
conclusion an agreement of full liability between the Parties, to
be liable in accordance with the legislation of the Republic of
Kazakhstan and the Employer's Acts;
7.2.15.
To keep
confidential and not disclose during the validity and after
termination hereof, the following information became known to him
during his work at the Employer and intended for official
use;
1)
the legal,
technical and special documentation available to the Employer,
including statistical documentation:
2)
information related
to financial transactions, both the Employer and its business
partners;
3)
information related
to the performance of own labor duties, including the amount of
wages;
4)
information related
to the activities of the Employer and its partners, as well as
information on its personnel;
5)
other information
constituting official or commercial secret in accordance with the
acts of the Employer, and other secret protected by
law.
7.2.16.
To sign the
Non-disclosure of Employer confidential information Agreement and
to observe its requirements;
7.2.17.
In the case of
training at the expense of the Employer, to work out the period
specified in the training agreement, or in case of termination of
this Contract in the manner prescribed by law, to reimburse the
Employer the costs related to such training, in proportion to the
unworked part of the set term;
7.2.18.
To perform other
duties in accordance with the current legislation of the Republic
of Kazakhstan.
8.
RIGHTS AND
OBLIGATIONS OF THE EMPLOYER
8.1.
The Employer has
the right:
8.1.1.
For freedom of
choice when hiring;
8.1.2.
To amend, to
supplement, to terminate and to cancel the Contract with the
Employee in the manner and on the reasons established by the Labor
Code of the Republic of Kazakhstan;
8.1.3.
To issue Acts
within its authority;
8.1.4.
To establish and to
join associations in order to represent and protect own rights and
interests;
8.1.5.
To demand the
Employee to fulfill the terms and conditions hereof, rules of labor
regulations and other acts of the Employer;
8.1.6.
To encourage the
Employee, to impose a disciplinary sanction, to bring the Employee
to material liability in cases and in the manner prescribed by the
Labor Code of the Republic of Kazakhstan;
8.1.7.
For compensation of
damage caused by the Employee during performance of its
duties;
8.1.8.
To appeal to the
court in order to protect its rights and legitimate interests in
the sphere of labor;
8.1.9.
To set a
probationary period for the Employee;
8.1.10.
To provide workers
with professional training, retraining and raising their
qualification in accordance with the Labor Code of the Republic of
Kazakhstan;
8.1.11.
For reimbursement
of their costs related to the Employee training in accordance with
the Labor Code of the Republic of Kazakhstan;
8.1.12.
To appeal
consistently to the conciliation commission, the court for the
resolution of an individual labor dispute in the manner prescribed
by the Labor Code of the Republic of Kazakhstan;
8.1.13.
Other rights
provided by the current legislation of the Republic of
Kazakhstan.
8.2.
The Employer is
obliged to:
8.2.1.
Observe the
requirements of the labor legislation of the Republic of
Kazakhstan, this Contract and the issued own Acts;
8.2.2.
When hiring, to
conclude a contract with an employee in the manner and on the terms
established by the Labor Code of the Republic of
Kazakhstan;
8.2.3.
When hiring, to
require documents necessary for the conclusion of the employment
contract, in accordance with Clause 32 of the Labor Code of the
Republic of Kazakhstan;
8.2.4.
Provide the
Employee with the work stipulated hereby;
8.2.5.
Pay the Employee
wages and other payments timely and full amount provided for by
regulatory legal acts of the Republic of Kazakhstan, this Contract,
Acts of the Employer;
8.2.6.
Familiarize the
Employee with the Rules of the Labor Procedure, other Employer's
Acts that are directly related to the work (labor function) of the
Employee;
8.2.7.
Consider the
proposals of employees’ representatives of and provide
employees' representatives with complete and reliable information
necessary for collective bargaining, conclusion of collective
agreements and monitoring of their fulfillment;
8.2.8.
Conduct collective
bargaining in the order established by the Labor Code of the
Republic of Kazakhstan, to conclude a collective
agreement;
8.2.9.
Provide the
Employee with working conditions in accordance with the labor
legislation of the Republic of Kazakhstan and this
Contract;
8.2.10.
Provide the
Employee with equipment, tools, technical documentation and other
means necessary for the performance of labor duties, at the expense
of Employer’s funds;
8.2.11.
Provide the
authorized body on employment with information in accordance with
the requirements of the labor legislation of the Republic of
Kazakhstan;
8.2.12.
Follow the
instructions of state labor inspectors;
8.2.13.
Suspend work if its
continuation creates a threat to life, the health of the Employee
and other persons;
8.2.14.
Provide compulsory
social insurance of the Employee;
8.2.15.
Provide the
Employee’s accident insurance while performance the labor
(official) duties;
8.2.16.
Provide the
Employee with the paid annual labor leave;
8.2.17.
Ensure the
preservation and delivery to the state archive of documents
confirming the work activity of the Employee and information about
withholding and deduction of money for his pension
provision;
8.2.18.
Warn the Employee
about harmful and (or) dangerous working conditions and the
possibility of occupational disease;
8.2.19.
Take measures to
prevent risks at the workplaces and in technological processes, to
carry out preventive work with a sheet of production and scientific
and technological progress;
8.2.20.
Keep records of
working hours, including overtime, work in harmful and (or)
dangerous working conditions, and heavy work performed by the
Employee;
8.2.21.
Compensate for the
harm caused to the life and health of the Employee when performing
his labor (official) duties in accordance with the Labor Code of
the Republic of Kazakhstan and other laws of the Republic of
Kazakhstan;
8.2.22.
Provide officials
of the authorized state labor authority and local labor
inspectorate, representatives of employees, technical inspectors
for labor protection with free access to conduct safety
inspections, inspections of conditions and labor protection in
organizations and compliance with the legislation of the Republic
of Kazakhstan, as well as to investigate accidents related to work
activity and occupational diseases;
8.2.23.
Ensure the
maintenance of registers or other documents, which indicate the
name, surname, patronymic (if it is specified in the identity
document) and the date of birth of Employees under the age of
eighteen;
8.2.24.
To collect, process
and protect the personal data of the Employee in accordance with
the legislation of the Republic of Kazakhstan on personal data and
its protection;
8.2.25.
Fulfill internal
control over the safety and labor protection;
8.2.26.
Perform other
duties provided by the current legislation of the Republic of
Kazakhstan.
9. ALTERATION AND TERMINATION OF THE
CONTRACT
9.1.
Amendments and
supplements hereto, including when movement to another job, are
carried out by the Parties by signing of supplementary agreements
hereto in the manner and under the terms and conditions provided in
p. 2 of cl. 33 of the Labor Code of the Republic of
Kazakhstan.
9.2.
Notification of
amendments in the terms and conditions of the employment contract
is applied by one of the Parties hereto and is considered by the
other Party within five working days from the date of its
application. The Party received such notification of the amendments
in the terms and conditions hereof, including when movement to
another job, is obliged to inform the other Party about the
decision taken within the time specified in this
clause.
9.3.
Grounds for
termination of the Contract:
9.3.1.
termination by
agreement of the Parties;
9.3.2.
Contract
expiry;
9.3.3.
termination by the
initiative of the Employer;
9.3.4.
due to movement of
the Employee to another Employer;
9.3.5.
termination by the
initiative of the Employee:
9.3.6.
due to the
occurrence of circumstances beyond the control of the
Parties;
9.3.7.
the Employee's
refusal to continue the labor relations:
9.3.8.
movement of the
Employee to elective work (position) or appointment to a position
excluding the possibility of continuing labor relations, except for
cases stipulated by the laws of the Republic of
Kazakhstan;
9.3.9.
breaching the terms
and conditions hereof.
9.4.
The Contract can be
terminated by agreement of the Parties. A Party expressed a desire
to terminate the Contract by mutual agreement of the Parties shall
notify the other Party hereto. The Party received such notification
shall inform the other Party in writing about the decision taken
within three business days. The date of termination of the Contract
by mutual agreement of the Parties is determined by appropriate
agreement between the Employee and the Employer.
9.5.
The Employee agrees
that the Employer has the right to terminate the employment
contract without observing the requirements set forth in Clause
9.4. hereof, with a compensation payment in the amount of 2 (two)
monthly salaries of the Employee.
9.6.
The contract
concluded for a definite period terminates due to its expiry. The
date of expiry of the Contract concluded for the period of
fulfillment of a certain work is the day of the works completion.
The date of expiry of the Contract concluded for the time of
replacement of the temporarily absent employee is the day of the
employee's work whose place of work (position) was
retained.
9.7.
The Contract can be
terminated on the initiative of the Employer under following
grounds:
9.7.1.
Liquidation of the
Employer;
9.7.2.
Reduction in the
number or staff of workers;
9.7.3.
Decrease in the
volume of production, work performed and services rendered, which
led to worsening of the Employer economic standing;
9.7.4.
Inconsistencies of
the Employee of the position held or the work performed due to
insufficient qualification;
9.7.5.
Repeated failure to
verify knowledge on safety and labor protection or industrial
safety by the Employee responsible for ensuring the safety and
protection of the work of the organization carrying out production
activities;
9.7.6.
Inconsistencies of
the Employee of the position held or work performed due to the
state of health, which prevents the continuation of the work and
excludes the possibility of its continuation;
9.7.7.
Negative work
results during the probation period;
9.7.8.
Absence of the
Employee at work without a good reason for three or more
consecutive hours in a single working day (working
shift);
9.7.9.
The presence of the
Employee at work in the conditions of alcohol, narcotic,
psychotropic, intoxicant intoxication (their analogues), including
in cases of use of substances causing a conditions of alcohol,
narcotic, toxicomaniac intoxication (their analogues) during the
working day;
9.7.10.
Refusal of medical
examination to certify the fact of using substances that cause a
condition of alcohol, narcotic, toxicomaniac intoxication,
confirmed by the relevant act;
9.7.11.
Breaching of the
rules of labor protection or fire safety or traffic safety in
transport by the Employee, which entailed or could entail grave
consequences, including industrial injuries and
accidents;
9.7.12.
theft of property
(including minor larceny), deliberate its destruction or damage by
the Employee at the place of work, established by a sentence or
court order came into legal force;
9.7.13.
the commission of
the guilty actions or inaction of the Employee serving monetary or
commodity values, if these actions or inaction give grounds for the
loss of confidence from the side of the Employer;
9.7.14.
The commission of
an immoral offense by an employee performing educational functions,
incompatible with the continuation of such work;
9.7.15.
Disclosure by the
Employee of information constituting state secrets and other
secrets protected by law), which became known to him in connection
with the performance of his duties;
9.7.16.
Repeated
non-fulfillment or repeated improper fulfillment of labor duties
without good reasons by the Employee who already has a disciplinary
sanction;
9.7.17.
Presentation by the
Employer of the Employer of knowingly false documents or
information when concluding the employment contract or movement to
another job, if the original documents or information could be
grounds for refusing to conclude the contract or movement to
another job;
9.7.18.
Breaching of labor
duties by the head of the executive body of the Employer, his
deputy or the head of the Employer's branch (branches,
representative offices and other subdivisions of the Employer
defined by the Employer's Act), which caused material damage to the
Employer;
9.7.19.
Termination of the
Employee's access to state secrets in cases stipulated by the laws
of the Republic of Kazakhstan;
9.7.20.
Non-attendance of
the Employee at work for more than two consecutive months due to
temporary incapacity for work, except for cases when the Employee
is on maternity leave, and if the disease is on the list of
diseases for which a longer period of incapacity for work is
established, approved by the authorized state health
authority;
9.7.21.
The Employee
commits a corruption offense that excludes the possibility of
further work in accordance with the legal act entered into legal
force, with the exception of cases directly stipulated by the laws
of the Republic of Kazakhstan;
9.7.22.
Continuation of the
Employee's participation in the strike after bringing to his
attention the court's decision to recognize the strike as illegal
or to suspend the strike;
9.7.23.
Termination of the
powers of the head of the executive body, members of the collegial
executive body of the legal entity, and also internal audit service
employees and the corporate secretary in accordance with the Law of
the Republic of Kazakhstan "On Joint Stock Companies" upon the
decision of the owner of the property of the legal entity or the
person authorized by the owner (body) or authorized body of the
legal entity;
9.7.24.
Achievements by the
Employer of the retirement age established by the Law of the
Republic of Kazakhstan "On Pensions in the Republic of Kazakhstan",
with the right of annual extension of the term of the employment
contract by mutual agreement of the Parties;
9.7.25.
Non-attendance of
the Employee at work for more than one month by reasons unknown to
the Employer;
9.8.
The Employee has
the right to terminate the Contract by his own initiative,
notifying the Employer in writing at least one month in advance.
The Contract can be terminated by the initiative of the Employee
before the expiry of the notice period according to the agreement
with the Employer.
9.9.
Upon termination of
the Contract by the initiative of the Employee, the latter is
obliged to complete the work entrusted to him. In the event that
the Employer's property (documentation) is not received and
transferred due to the fault of the Employee, the day of
termination of the Contract is considered to be the day of
completion of the acceptance/transfer of the Employer's property
(documentation).
9.10.
The procedure for
termination of the Contract is regulated by the Labor Code of the
Republic of Kazakhstan.
9.11.
Termination of the
Contract is formalized by the Employer's Act.
10. RESPONSIBILITY OF THE PARTIES
10.1.
For breach of the
terms and conditions hereof, the Parties bear the responsibility
provided hereby and the current legislation of the Republic of
Kazakhstan.
10.2.
In case of the
Employee disciplinable offense, the Employer has the right to apply
the following types of disciplinary sanctions: admonition,
reprimand, severe reprimand, termination of the Contract by the
initiative of the Employer on the grounds provided in sp. 8-18 p. 1
cl. 52 of the Labor Code of the Republic of
Kazakhstan.
10.3.
The Employee is
liable for loss (damage) caused by loss or damage to the Employer's
property, for damage resulting from the Employer's action
(inaction), including in case of disclosure of confidential
information (commercial and other secrets).
10.4.
The Employer bears
material liability to the Employee in the following
cases:
10.4.1.
For damage caused
by unlawful deprivation of the Employee of the opportunity to work
at his workplace in accordance with the requirements of the Labor
Code of the Republic of Kazakhstan.
10.4.2.
for damage caused
to the property of the Employee
10.4.3.
for damage caused
to the life or(and) health of the Employee
10.5.
The liability of
the parties is excluded only by force majeure
circumstances
11.
LABOR
DISPUTES
11.1.
All issues that are
not regulated by the agreement, but arising from it, are regulated
by the current legislation of the Republic of Kazakhstan or are
subject to settlement through negotiations between the
Parties.
11.2.
If it is impossible
to resolve by negotiation, all disputes and disagreements are
resolved in a judicial proceeding in accordance with the current
legislation of the Republic of Kazakhstan.
12. OTHER CONDITIONS
12.1.
Any results of
intellectual creative activity created by the Employee in the
course of work and / or related to the functions of the Employee
under the Contract are an official work. The employee shall notify
the Employer of his plans for the creation of the official work,
after creation, shall provide the Employer for consideration, and
shall render full assistance in the registration of exclusive
rights to the official work.
12.2.
The Agreement is
signed in two copies having the same legal force, one copy for each
of the Parties. All applications and supplementary agreements to it
are its integral part.
12.3.
The content of the
contract is not subject to disclosure to third
parties.
12.4.
Annexes 1 and 2 to
this Agreement are its integral parts.
2. This
supplementary agreement comes into force from the date of signing
and is an integral part of the Labor Contract
3. This
Supplementary Agreement is signed in two copies in Russian having
the same legal force, one copy for each of the
Parties.
|
The Employer
/s/
Minikeyev R.D.
Mr. Minikeyev R.D.
(signature and company seal)
|
The Employee
/s/
Ler E.O.
Mr. Ler E.O.
(personal signature)
|
Translation
of the company seal:
/Republic
of Kazakhstan, Almaty
Freedom
Finance Joint Stock Company/
