Business in Kazakhstan: Injured Workers, Tax Evasion, and Lack of Labor Safety

cover Photo: Orda.kz

A man in Almaty sustained life-altering injuries on the job. Still, even his agonizing screams failed to prompt his employers to call an ambulance.

Orda has investigated.

No Ambulance Allowed

On September 23, 2023, 42-year-old Zhanibek Tuyakbayev's clothing sleeve became entangled in a drilling machine, crushing his left hand.

The incident occurred in MTL Expert LLP's metal cutting and bending shop. Despite the severity of the injury, no ambulance was called to the scene.

Instead, Tuyakbayev was taken to a hospital in the Ainabulaq microdistrict, where it was falsely claimed that he had fallen from the fifth floor. From there, he was urgently sent by ambulance to hospital No.4, where doctors recorded he had suffered a severe industrial injury.

There were a few incidents where employees lost their limbs or get electrocuted in this company. However, no one was ever taken to the hospital by ambulance. The boss had a strict rule against calling for medical help, and out of fear, everyone followed it,  Tuyakbayev says.

At the hospital, Zhanibek underwent two multi-hour surgeries on his left arm and shoulder. His injuries were severe: open and closed fractures in the bones of his left arm, torn muscles, and damaged nerve fibers.

To aid recovery, he wore an Ilizarov apparatus for a year to stabilize and strengthen the bones, followed by three months in a cast. Despite these efforts, a year later, the bone fractured again, leaving Zhanibek to face further challenges in his recovery.

Photo: Zhanibek Tuyakbayev

Not a Dime

The day after the accident, police officers from the Jetisu district of Almaty visited the hospital to question Zhanibek about the industrial injury.

However, he declined to cooperate with law enforcement.

According to Zhanibek, this decision came after a conversation with the director of MTL Expert LLP, Radjab Davuzov, who persuaded him not to file a formal complaint.

Zhanibek claims Davuzov promised financial assistance for his medical treatment if he refrained from making a statement. Officially reporting a workplace injury would trigger inspections, which could uncover violations and safety regulation breaches at the enterprise.

When situations like this arise, the costs are typically covered. For instance, if an operation costs 600 thousand tenge, the employer usually pays 300 thousand, and the remaining 300 thousand is collected from the workers. No further financial support or help for treatment is provided, explains Tuyakbayev. 

Zhanibek was discharged from the hospital on October 13.

The following day, he approached his employer to request funds for his rehabilitation, which coincided with the time he needed to repay a loan. The director responded with hostility, saying that because Zhanibek had filed a police report, he wouldn’t get any money.

"You filed a police report, and I had to pay them three million tenge to cover it up. When the hospital wanted to amputate your arm, I gave the doctor another million tenge to save it. Now I won’t give you a cent," – Zhanibek recalls his employer, Radjab Davuzov, saying.

At his next doctor’s appointment, Zhanibek discovered that his medical insurance had expired. The reason was that he had been fired from his job retroactively. When Tuyakbayev realized he was left without a job, money, and help from his employer, he decided to go to the police. 

A criminal case was opened only three months later, and investigations began. Zhanibek was reinstated at his job, and the case was brought to court. Davuzov's guilt as an employer was proven, and the court ruled to suspend him from work for one year. He was also ordered to pay a fine to the state for violating the law.

Photo: Zhanibek Tuyakbayev

During the trial, Radjab Davuzov attempted to justify his actions by claiming that the company’s employees were insured and that Zhanibek Tuyakbayev was supposed to receive treatment funds through the insurance company.

However, it was revealed that no such insurance contracts had been signed with the employees — the director had only insured his business.  

According to the expert opinion, the injury was considered severe. Tuyakbayev will need two to three years to recover fully.

Gross Violations 

According to Zhanibek Tuyakbayev, MTL Expert LLP officially employs 14 people, but many others work there without formal employment contracts.

The official salary of 80,000 tenge has reportedly remained unchanged for 15 years, with only about 8,000 tenge being transferred to employees' accounts for contributions to the pension fund. The actual salary, ranging between 500,000 and 600,000 tenge, was paid in cash.

"Only after this incident did the company appoint someone responsible for technical safety. A labor inspector also found the employer had violated safety requirements," – Tuyakbayev noted. 

This wasn’t the first time MTL Expert had faced incidents of industrial injuries.

Before filing the claim, I contacted my colleagues to see if they would support me in a lawsuit. Most refused. One employee, who lost his leg in a metal cutter, spent six months at home. During that time, my colleagues and I pooled 10,000 tenge monthly to help cover his treatment costs, Zhanibek shared.

The Other Side

An Orda.kz correspondent contacted Rajap Davuzov’s father, Ismar, to find out the other side's opinion. He denied all of Zhanibek’s statements and said that he was to blame for the injury.

As for Zhanibek, he is to blame for everything. On the day he injured his arm, he came to work drunk and approached the drilling machine himself. A specially trained person was supposed to work on this machine. We invited him to do simple work, but he refused. We provided him with money for treatment,  said Ismar.
Photo: Orda.kz

According to Ismar Davuzov, a person had always been responsible for technical safety at the plant, both before and after Tuyakbayev’s incident. Davuzov also explained the decision not to call an ambulance, claiming it was to avoid wasting time. He believed the first responders would have gotten stuck in Almaty’s notorious traffic jams.  

He also claimed that he was unaware of the severity of Tuyakbayev’s injury. Davuzov said he thought it was minor, such as a simple broken arm, and did not realize that Tuyakbayev had sustained a severe injury and had been admitted to the hospital with an open wound.

Ismar Davuzov clarified that the official salary for employees at the plant was not 80,000 but 100,000 tenge.

He added that employees received additional cash payments for extra work. He insisted that all workers at the plant were officially registered and employed in compliance with the Labor Code.  

The court's decision to find his son guilty as a manager was unexpected for Ismar Davuzov.

"My people won't sue me," – the businessman told.

However, one of the workers, who spoke with us anonymously, said that he had never seen Zhanibek drunk, not on the day of the incident or at any other time.  

His injury —after his hand got caught in the drilling machine, was severe. Part of it was crushed. You could see the bone, the worker shared.
Photo: Orda.kz

Compensation Through Civil Court

Tuyakbayev’s lawyer, Inga Imanbay, also spoke with an Orda.kz correspondent. She emphasized that the employer’s responsibility is unquestionable, given the court decision finding him guilty.

Our priority now is to get compensation for Tuyakbayev based on the ruling in the criminal case. From a legal and moral point of view, the employer is obligated to compensate the victim. Yet, nearly two years have passed since the incident, and Tuyakbayev has not received even basic support — not a single pill, nor any assistance,Imanbay stated.
Photo: Orda.kz

The production workshop where the incident occurred is 1,900 square meters and houses machinery and many metal plates. 

Photo: Orda.kz

Orda.kz consulted architect Berik Omarov, an expert in industrial facilities, for an assessment.

After reviewing site photographs, Omarov immediately pointed out the workshop's disorderly state.

He stated that safety regulations require marking green pathways on the floor for movement.

Additionally, workers must wear helmets in production areas where cranes lift metal.

However, during the visit, the Orda.kz correspondent did not see any workers wearing helmets, though one was spotted hanging on the wall.

Photo: Orda.kz

After hearing all the facts presented, Dmitry Tikhonov, an employee of the International Bureau for Human Rights and Rule of Law, highlighted the systemic violation of workers' rights within the production environment. 

He associated such employer behavior with the workers' low legal awareness.

An employee who knew about the violation of his rights for 15 years and kept silent, what could he expect? the human rights activist said. 

He further pointed out that the local labor inspectorate is responsible for industrial injuries.

The employer must pay social assistance to employees who have temporarily lost their ability to work, up to 100% of the average salary until they recover or are officially recognized as disabled.

Photo: Orda.kz

Zhanibek Tuyakbayev has been classified as a third-group disabled person.

His wife has to support him.

He attempted to start a private transportation business, but debts forced him to sell the car to pay off the banks.

Several more operations await him, and they all need to be paid for. Now, Zhanibek Tuyakbayev hopes to win in civil court to recover compensation from the employer for the physical injuries and moral damages he received.

Original Author: Perizat Zharylkasyn read the original article in Kazakh here.

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