Explanations on working off for fourth-year students who studied on a state grant
Explanations on working off for fourth-year students who studied on a state grant
Development is provided for by paragraph 17 of Article 47 of the Law of the Republic of Kazakhstan "On Education":
“Citizens of the Republic of Kazakhstan who have studied in other specialties on the basis of a state educational order are required to work for at least three years in the manner determined by the Government of the Republic of Kazakhstan.
Citizens who enrolled in doctoral studies under the program of Doctors of philosophy (PhD) on the basis of a state educational order must work in institutions of higher and (or) postgraduate education or scientific organizations for at least three years after completing their studies. "
In addition, it is necessary to take into account 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 a state educational order, approved by the Government of the Republic of Kazakhstan dated March 30, 2012 No. 390
Exemption from the obligation to work is provided by the decision of the Commission for the distribution of young professionals and PhD doctors:
1) to persons in the absence of vacancies in the settlement at the place of residence, work or service of a spouse
2) disabled people of I and II groups
3) persons who entered the Master’s and PhD programs
4) pregnant women, persons with or raising children under the age of three
Persons who have not enrolled in Master's or PhD programs are subject to re-distribution
When conscripted for military service, a deferral is provided for the period of service, without counting the time spent in the service period.
In the absence of vacancies at the time of distribution, young specialists and PhDs are sent by the Distribution Commission for registration as a job seeker at the employment center at the place of residence, through the web portal of "electronic government" or the State Corporation "Government for Citizens», taking into account the time of being registered as unemployed during the period of working
For failure to fulfill the obligation to work, it is necessary to reimburse budgetary expenses to the budget through the operator represented by the Financial Center of the Ministry of Education and Science of the Republic of Kazakhstan
The termination of the obligation to work without reimbursement of budgetary expenses occurs:
• in connection with the performance of the obligation to work
• in connection with the death of a student (young specialist, doctor of philosophy), confirmed by documents
• in the case of establishing disability groups I and II during the period of work
• in connection with the release from the obligation to work in the cases provided for by the Law of the Republic of Kazakhstan "On Education" and paragraph 27 of Regulation No. 390
The following amendments and additions dated January 8, 2021 No. 410-VI were made to the Law of the Republic of Kazakhstan "On Education".
1. Expansion of opportunities for young specialists to work not only in state organizations, but also in organizations with other forms of ownership.
2. Supplement on proportional work for citizens transferred from paid education to a state order, or vice versa, and expelled, subject to subsequent restoration during the current or next academic year.
3. Reimbursement of budget expenditures is carried out in proportion to the actually worked period, in order to effectively spend budget funds, comply with their intended purpose and increase the responsibility of persons received on the basis of a state order.
4. The financial center of the Ministry of Education and Science of the Republic of Kazakhstan since 2021 has been monitoring and controlling the development of an additional category of graduates - doctors of the profile.
Presentation on Employment of Young Professionals and Doctors of Philosophy (PhD)
Question: What regulatory legal acts provide for the obligation to train young specialists who have studied on the state educational order?
Answer: In accordance with paragraph 17 of Article 47 of the Law "On Education" of the Republic of Kazakhstan, compulsory three-year work 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 in:
- within the quota for pedagogical, medical and veterinary specialties are obliged to work in state educational organizations, state medical organizations, state veterinary organizations located in rural areas;
- an educational grant for pedagogical and medical specialties in state educational organizations and state health organizations;
- educational grants for all other specialties are worked out in organizations, regardless of the form of ownership (since 2017, admissions, young specialists);
- Doctors of philosophy PhD work out in institutions of higher and (or) postgraduate education or scientific organizations
Question: How is the placement of graduates carried out and who is involved in this?
Answer: Commissions for personal 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 personal distribution of young specialists and doctors of philosophy PhD and is carried out on the basis of the employer's application.
The personal 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 a state educational order, approved by the Decree of the Government of the Republic of Kazakhstan dated March 30, 2012 No. 390.
Question: A graduate who graduated from a rural quota has the right to work in a city in a state educational organization or in a state health organization?
Answer: No, 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 in state education / health organizations located in rural areas.
Question: What if there is no vacancy at the place of residence of the graduate?
Answer: According to paragraph 17-1 of the Decree of the Government of the Republic of Kazakhstan dated March 30, 2012 No. 390, in the absence of vacancies, a young specialist / Doctor of Philosophy (Phd) must register as a job seeker. He must do this in the employment center of the population at the place of residence or through the web portal of "electronic government" or the State Corporation "Government for Citizens", taking into account the time of being registered as unemployed during the period of work, provide a document confirming registration at the Center employment in JSC "Financial Center" supervising manager.
Question: When should the graduate arrive at the place of work?
Answer: 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 personal distribution).
Question: What measures are taken in case of non-fulfillment of obligations for working off?
Answer: 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 duties for working off or reimbursement of budgetary funds in case of non-working out.
In case of revealed violations in the work-off, JSC "Financial Center" works with a young specialist and doctors of philosophy PhD: preparation of a written notice of compulsory work, calls to young specialists at the contacts indicated by him, search on social networks. And in case of failure to eliminate the existing violations and / or refusal to work out, work on the return of budgetary funds to the state is carried out, including in court.
Question: Is there a deferral for a graduate, and for how long?
Answer: Upon admission or call-up for urgent military service, a young specialist is given a deferral (by the decision of the Commission for the Personal Assignment 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 working off.
Question: In what cases and what categories of graduates are exempt from working off?
Answer: Exemption from the obligation to work, provided for by the Law, is provided by the decision of the Commission for the Personal Assignment of Young Specialists or the Commission for the Personal Assignment of Doctors of Philosophy (PhD) additional protocol, must be confirmed by appropriate documents) in the following categories:
1) persons in the absence of vacancies in the locality at the place of residence, work or service of a spouse;
2) disabled people of I and II groups;
3) persons who entered the magistracy, residency, doctoral studies for further study (on a paid basis, state order or upon admission to a foreign educational organization);
4) pregnant women, persons with, as well as independently raising a child (children) under the age of three years.
Question: A young specialist who studied on the basis of a state educational order in pedagogical and medical specialties after graduation was independently employed in a state organization not in his specialty. (For example: akimat, tax committee, Population Service Center, etc.), will this work be counted?
Answer: No, count the work in the above organizations, namely in akimats, tax committees, Population Service Centers, etc. does not seem possible. According to paragraph 17 of Article 47 of the Law of the Republic of Kazakhstan "On Education", citizens who enrolled in training on the basis of a state educational order in pedagogical, medical specialties, work out respectively in state educational organizations, state health organizations, at least three years after graduating 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).
Question: 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?
Answer: For the proper fulfillment of the obligation to work, 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 expenses incurred from budget funds in connection with his training to the republican budget.
Question: A young specialist, after completing his 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?
Answer: In this case, a young specialist must apply to the Commission on Personal Assignment, 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 for by the Law of the Republic of Kazakhstan. In accordance with paragraph 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, according to paragraph 17-2 of Article 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 groups 1 and 2 and in the absence of vacancies at the place of residence, work or service of a spouse.
Question: The ability to count the work 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 are owned by the state, etc.)
Answer: For the proper performance of the obligation to work on ped. and honey. In the 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 indicated that a state legal entity is state institutions and state enterprises. It is not possible to count the work done in these organizations.
Question: Are the persons who entered the magistracy in subsequent years after graduation from the university exempted from working off?
Answer: 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 not less than 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 the exemption from the obligation to work for persons who entered the magistracy, residency, doctoral studies for further study.
In accordance with part 1 of article 6 of the Civil Code of the Republic of Kazakhstan, the norms of civil legislation should be interpreted in accordance with the literal meaning of their verbal expression.
From the meaning of these provisions 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.
Question: In the 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 installments (in installments)?
Answer: 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 for training in pedagogical and medical specialties on the basis of a state educational order, work out 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, a young specialist is obliged to reimburse the costs incurred from budgetary funds in connection with his 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 - 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 improperly performed.
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 added up annually by a decree of the Government of the Republic of Kazakhstan with the average cost of training 1 student per academic year.
Related news
Energy University News
