179-16 Meaning of Protected Report, Protected Reporter, Worker, and Employer

In this Part:

Protected Report means a report that meets all of the following requirements:

(1) it is about an AIFC Participant or a person connected with a AIFC Participant;

(2) it is made to the AIFC Participant itself or a Person specified or referred to in section 179-17(1) (Protected Reports and Protected Reporters);

(3) if it is made to an authority or officer, the authority or officer is responsible for matters of the kind reported;

(4) it is given in good faith;

(5) it gives information that the reporter reasonably believes shows that any of the following has happened, is happening, or is likely to happen:

• (a) a criminal offence (whether under the law of the Republic of Kazakhstan or of another jurisdiction);
• (b) a person is in contravention of a legal requirement, or is failing to comply with any legal obligation to which he is subject;
• (c) the endangering of the health and safety of an individual;
• (d) a breach of an AIFC Participant’s policies and procedures (including, for example, a breach of any code of conduct or policy in relation to ethical behaviour); or
• (e) the deliberate concealment of a matter referred to in any of (a) to (d).

Protected Reporter means a Worker who makes a Protected Report.

Worker means:

(1) an individual who has entered into or works under (or, where employment has ceased, worked under):

• (a) an express or implied contract of hire under which the other person has the right to control the details of work performance; or
• (b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual;

(2) an individual who is not a worker as defined by (1) but who:

• (a) works or worked for a person in circumstances in which he is or was introduced or supplied to do that work by a third person and the terms on which he is or was engaged to do the work are or were in practice substantially determined not by him but by the person for whom he works or worked, by the third person or by both of them;
• (b) contracts or contracted with a person, for the purposes of that person's business, for the execution of work to be done in a place not under the control or management of that person and who would therefore fall within (1)(b) if for "personally" in that provision there were substituted "(whether personally or otherwise)"; or
• (c) is or was provided with work experience provided pursuant to a training course or programme or with training for employment (or with both) otherwise than under a contract of employment or on a course provided by any university, college, school or other educational establishment.

Employer means:

(1) in relation to a Worker falling within (1)(a) of the definition of "Worker", the person by whom the worker is (or, where employment has ceased, was) employed;

(2) in relation to a Worker falling within (2)(a) of the definition of "Worker", the person who substantially determines or determined the terms on which he is or was engaged; or

(3) in relation to a Worker falling within (2)(c) of the definition of "Worker", the person providing the work experience or training.