Mandatory training

Citizens who have enrolled in doctoral studies under the Doctor of Philosophy (PhD) program on the basis of a state educational order are required to work in organizations of higher and (or) postgraduate education or scientific organizations for at least three years after completing their studies.
Here you will find answers to your questions.

The International Educational Corporation (KAZGAS and KAU) held an online meeting with graduates

On April 12, 2022, the Center for Practice and Career, together with the deans, organized an online meeting of undergraduate students with a representative of JSC “Financial Center” of the Ministry of Education and Science of the Republic of Kazakhstan Serikkali Akzira Serikkalikyzy on mandatory three-year work.
The meeting is conditioned by the requirements of paragraph 17 of Article 47 of the Law of the Republic of Kazakhstan “On Education”, the Rules for sending young specialists to work, approved by the Decree of the Government of the Republic of Kazakhstan dated 30.03.2012 No. 390, according to which young specialists and PhD students studying under a state educational grant are required to work out.
Akzira Serikkalievna spoke in detail about the rules of mandatory work-off, the terms of work-off, where they should work, who and under what circumstances can receive a temporary deferral and exemption from work-off at the time of distribution and answered the questions of graduate students.

1. Mandatory training of young specialists and PhD doctors
2.Rules for sending a specialist to work

question: What normative legal acts provide for the obligation to train young specialists who have studied at the state educational order?

answer: In accordance with paragraph 17 of Article 47 of the Law “On Education” of the Republic of Kazakhstan, mandatory three-year training after completion of the organization of higher and (or) postgraduate education is assigned to citizens who have studied on the basis of a state educational order in:
– within the quota for pedagogical, medical and veterinary specialties, they are required 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 healthcare organizations;
– educational grants in all other specialties are worked out in organizations, regardless of the form of ownership (since 2017, admission, young specialists);
– PhD students work in organizations of higher and (or) postgraduate education or scientific organizations

question: How is the placement of graduates carried out and who is involved in this?

question: How is the placement of graduates carried out and who is involved in this?answer: Commissions on personal distribution are created annually for pedagogical and veterinary specialties at the relevant universities of the Republic of Kazakhstan, where young specialists and PhD doctors complete their studies, and for medical specialties, a Commission is created in the authorized body in the field of healthcare.
Commissions, personal distribution of young specialists and PhD doctors is carried out and is carried out on the basis of the employer’s request.
The personal distribution of PhD doctors 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 duty or termination of the obligation to work out by citizens who studied on the basis of a state educational order approved by the ROK PP No. 390 dated March 30, 2012.

question: Does a graduate who graduated from a rural quota have the right to work in the city in a state educational organization or in a state health organization?

answer: No, if a young specialist has completed training according to the rural quota in pedagogical and medical specialties according to paragraph 17 of Article 47 of the Law “On Education”, the young specialist is obliged to work in state educational/health organizations located in rural areas.

question: What should I do if there is no vacancy at the place of residence of the graduate?

answer: According to paragraph 17-1 of the ROK PP No. 390 dated March 30, 2012, in the absence of vacant jobs, a young specialist /Doctor of Philosophy (Phd) must register as a job seeker directly at the employment center at the place of residence or through the e-government web portal or the Government State Corporation for citizens”, with the offset of the time spent on the register as an unemployed person during the working period, provide a document confirming registration at the Employment Center in JSC “Financial Center” to the supervising manager.

question: When should the graduate arrive at the place of work?

answer: Young specialists and PhD doctors who have completed their studies this year arrive at their place of work in the field no later than September 1 (in accordance with the decision of the Personal Distribution Commission).

question: What measures are being taken in case of non-fulfillment of obligations to work out?

answer: JSC Financial Center, as the operator of the authorized body in the field of education, ensures monitoring and control over the observance of graduates, their duties to work off or reimburse budget expenditures in case of non-work.
In the case of identified violations of working out, Financial Center JSC works with a young specialist and PhD doctors: preparing a written notification of mandatory working out, calling young specialists at the contacts indicated by them, searching on social networks. And in case of non-elimination of existing violations and/ or refusal to work out, work is underway to return budget funds to the state, including in court.

question: Is a postponement granted to a graduate, and for how long?

answer: Upon admission or conscription for military service, a young specialist is granted a postponement (by the decision of the Commission for the personal distribution of young specialists and PhD doctors, an additional protocol is drawn up on the basis of a written application and a supporting document) and for the duration of service, without taking into account the time of service in the period of working out.

question: In what cases, and which categories of graduates are exempt from working out?

answer: Exemption from the obligation to work out provided for by Law is provided by the decision of the Commission for the Personal distribution of young Specialists or the Commission for the personal distribution of PhD doctors (the Commission for distribution, i.e. the organization of higher and (or) postgraduate education or the authorized body in the field of healthcare is preparing an additional protocol, must be confirmed by relevant documents) to the following categories:
1) to persons in the absence of vacancies in a locality at the place of residence, work or service of a spouse;
2) persons with disabilities of groups I and II;
3) persons enrolled for further study in the master’s degree, residency, doctoral studies (on a paid basis, by state order or upon admission to a foreign educational organization);
4) pregnant women, persons who have, 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, PSC, etc.), will this work be counted?

answer: No, it is not possible to count the work in the above-mentioned organizations, namely in akimats, tax committees, PSC, etc. According to paragraph 17 of Article 47 of the Law of the Republic of Kazakhstan “On Education”, citizens who have enrolled in education on the basis of a state educational order in pedagogical and medical specialties, work in state educational organizations, state health organizations, respectively, for at least three years after graduating from higher and (or) postgraduate education. A young specialist must find a job in a state educational organization (school, kindergarten, kindergarten, college, university) and a state health organization (hospitals, polyclinics).

question: After graduation, a young specialist who has partially worked in a state educational organization quits due to marriage, does the obligation to work out cease?

answer: In order to properly fulfill the obligation to work out, provided for in paragraph 17 of Article 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 an unemployed person at the employment center at the place of residence. In case of non-fulfillment of the obligation to work out, the young specialist is obliged to reimburse the expenses incurred at the expense of budgetary funds in connection with his training to the republican budget.

question: A young specialist, after completing his studies under the state educational order, entered the master’s program in the same year at a paid department, does the obligation to work out for this reason cease?

answer: In this case, a young specialist should apply to the Commission for Personal Distribution, which is created at the relevant organizations of higher and (or) postgraduate education, where the young specialist studied, in order to obtain exemption from working out 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 Decree of 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 art. 47 of the Law of the Republic of Kazakhstan “On Education” provides for norms exempting from compulsory work: upon admission for further study to master’s degree, residency, doctoral studies; pregnant women and persons with independently raising children under 3 years of age, disabled people of groups 1 and 2 and in the absence of vacancies at the place of residence, work or passing services of a spouse.

question: The opportunity to count the training 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 belong to the state, etc.)

answer: In order to properly fulfill the obligation to work out in pedagogical and medical 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 health organization. It is also in the Law “On State Property” it is indicated that a state–owned legal entity is state institutions and state-owned enterprises. It is not possible to count the working out in these organizations.

question: Are people who entered the master’s program in the following years after graduation exempt from working out?

answer: According to part 2 of paragraph 17 of Article 47 of the Law of the Republic of Kazakhstan “On Education” (hereinafter – the Law), citizens of the Republic of Kazakhstan who have enrolled in pedagogical, medical, veterinary specialties on the basis of a state educational order are required to work in state, medical and veterinary educational organizations for at least three years after graduation from the organization of higher and (or) postgraduate education.
        Subparagraph 3) Paragraph 17-2 of Article 47 of the Law provides for exemption from the obligation to work out persons enrolled for further study in the master’s degree, residency, doctoral studies.
        In accordance with part 1 of Article 6 of the Civil Code of the Republic of Kazakhstan, the norms of civil legislation must be interpreted in accordance with the literal meaning of their verbal expression.
        It follows from the meaning of these provisions of the Law that Commissions have the right to exempt young specialists and doctors of philosophy (PhD) from working out only in case of admission to master’s, residency, doctoral studies in the year of graduation, but not in subsequent years, that is, when considering the issue of exemption from working out, the time factor must be taken into account, namely, the timeliness of the fulfillment of obligations.

question: In case of partial completion (not full 3 years), is it possible to pay the amount owed for the remaining period? Is it possible to pay the amount of tuition arrears in installments (in installments)?

answer: According to paragraph 17 of Article 47 of the Law of the Republic of Kazakhstan                          “On Education” (hereinafter – the Law) and paragraph 4 of the Rules for sending young professionals to work, approved by Decree of the Government of the Republic of Kazakhstan dated March 30, 2012 No. 390 (hereinafter – Rules), citizens who have enrolled in training in pedagogical and medical specialties on the basis of a state educational order, work in state educational organizations and state health organizations for at least three years after graduating from the organization of higher and (or) postgraduate education. For failure to fulfill the obligation to work out, a young specialist is obliged to reimburse the expenses incurred at the expense of budgetary funds in connection with his training to the republican budget (paragraphs 17-4 of Article 47 of the Law).
        In accordance with Articles 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 fulfilled properly in accordance with the terms of the obligation, unilateral refusal to fulfill the obligation and unilateral modification of its terms are not allowed.
        In accordance with paragraph 1 of Article 349 of the Civil Code of the Republic of Kazakhstan, violation of an obligation means its non-fulfillment or improper fulfillment.
        According to the Law and the Rules, there are no norms defining the recalculation of the spent budget funds in the case of partial working off or installments for reimbursement of budget funds related to training.      At the same time, the tuition fee is calculated annually by the decree of the Government of the Republic of Kazakhstan with the average tuition costs of 1 student per academic year.

Mandatory training

The International Educational Corporation (KAZGAS and KAU) held an online meeting with graduates

АДРЕС

ADDRESS