Information on reorganization of RSE on REM «Abai Kazakh National Pedagogical University» into «Abai KazNPU» Non-Commercial Joint Stock Company

By the Resolution of the Government of the RK dated October 11, 2019 № 752 «On some issues of higher education institutions of the Ministry of Education and Science of the Republic of Kazakhstan», by the order of the Chairman of the Committee of State Property and Privatization of the MF of RK (hereinafter - CSPP MF RK) dated June 05, 2020, № 351 «On the establishment of «Abai Kazakh National Pedagogical University non-profit joint stock company», RSE on REM Abai KazNPU was reorganized into a non-commercial joint stock company (hereinafter - NCJSC, the Company).

«Abai Kazakh National Pedagogical University» NCJSC is a state organization, the founder - CSPP MF RK, the sole shareholder - Ministry of Education and Science of RK, the constituent document of the Company - the Charter of NCJSC (Order of the Chairman of CSPP MF RK dated June 5, 2020, № 351).

The Board of Directors (paragraph 70, NCJSC Charter) performs general management of NCJSC activities. The decision of the Board of Directors (hereinafter referred to as the «BD») at its first meeting approves the quantitative composition and members of the Management Board (subparagraph 6, paragraph 71 of the NCJSC Charter).

According to subparagraphs 1), 2) paragraph 104 of the Charter, the Management Board (Rectorate) of the Company will develop and submit for approval to the BD the organizational structure of the Company and the number of staff.

At reorganization of the juridical person, under condition of change of a control system the working conditions of workers (a place of work, a post, functional duties and the size of a salary), including transfer of workers to other structural divisions can be changed also.

Reorganization of the juridical person means reorganization of the employer, in this connection all employees of the university should be informed about the procedure of the forthcoming transformation. According to paragraph 1 of article 46 of the Labour Code of the RK in cases of changes in the system of organization of work in connection with the reorganization of the legal entity, the employer may change the working conditions of employees. In such cases, the BD and the Management Board on the management structure and staff schedule shall communicate the notification to employees at least 15 calendar days prior to making decisions.

With regard to staff numbers, obligations in the field of labour relations, article 47 of the Labour Code of the RK states that in cases of reorganization of the employer, labour relations with employees continue without changes, i.e. introduction of the reorganization procedure does not imply unconditional termination of labour relations. According to the rules, contained in the articles 45 and 46 of the CC of RK, at the reorganization of the legal person to the newly created legal person all rights and obligations of the reorganized legal person (rights and obligations, including property and non-property, staff number, obligations, claims) are transferred. At the same time, the implementation of the reorganization procedure will affect the sphere of activity of the Company, namely, the structure of its management, as the changes are foreseen also in the spheres of activity of the university - the Company.

In case of change of management structure it is possible to abolish and (or) introduce separate positions, including by means of conversion of one position to another with change of functional tasks of employees.

In view of the above, the staff shall be subject to re-approval by order of the Chairman of the Management Board of the Company - Rector. Management Board members - Vice-Rectors, their election shall be carried out by the BD of the Company, except for a member of the Management Board on academic issues. According to paragraph 107 of the Charter of NCJSC, the Chairman of the Management Board - Rector of «Abai KazNPU» NCJSC, signs labour contracts with members of the Management Board.

Administrative Department