Banking and finance Group
Amanova Assel, Lawyer
As is known, activity of any company is impossible without a corresponding management of it. The head is one of the main persons, from actions of which effective functioning of this or that legal person depends. Before to start directly consideration of the responsibility of the head, we shall define his legal status.
The Head of the company is a person, constantly, temporarily or under special sanction carrying out organizational — administrative is administrative — economic duties of the company. The legal status of the Head is determined by the Charter of the company or Regulations on the company, and also internal documents of the company. Legislation of the Republic of Kazakhstan assigns the certain duties to the Head of the company for which execution he bears the responsibility. For instance, under the Law «About Labour in the Republic of Kazakhstan» the Head, representing itself as the employer, is obliged to pay wages to workers in due time. In case of infringement of this norm, according to para 2 of the article 87 of Code on administrative delicts, the Head bears the responsibility as the penalty from twenty up to forty monthly settlement parameters (further «MSP»)
