Kazakhstan Labor Law and Employment

Kazakhstan Labor Law and Employment: Key Regulations and Legal Insights

Primary Employment Legislation in Kazakhstan

Kazakhstan’s employment framework is governed by several key legal statutes:

Kazakhstan Constitution: Establishes fundamental employment rights.
Labour Code: Regulates employment matters, social partnerships, labor safety, and protection.
Employment Law: Covers foreign labor engagement and employer social responsibilities.
Normative Resolution of the Supreme Court of Kazakhstan No. 9 (2017): Provides guidelines for resolving labor disputes.

Additional laws, such as the Law on Migration, manage foreign labor entry, while Government Regulation No. 559outlines the process for issuing work permits to foreign nationals. Furthermore, the Law on Mandatory Social Security governs payments to employees in specified situations.

Special employment regimes apply to Eurasian Economic Union citizens and those working within the Astana International Financial Centre.

Prohibition of Discrimination and Harassment in the Workplace

Kazakhstan’s Constitution and Labour Code prohibit discrimination in employment based on various factors, including gender, race, nationality, religion, political opinion, and physical ability. Employees are entitled to equal opportunities and the right to take legal action if subjected to discrimination.

Employment Enforcement Agencies

The Ministry of Labour and Social Protection oversees the enforcement of employment regulations. The Ministry of Internal Affairs plays a role in regulating foreign national employment matters.

Employee Representation and Labor Disputes

Under the Labour Code, employees can establish various commissions to represent their interests, including collective bargaining commissions, conciliation commissions (mandatory for individual disputes), and mediation commissions(for collective disputes). Labor unions also play a significant role in advocating for employees’ rights.

Background Checks and Medical Examinations

Employers in Kazakhstan may conduct background checks on applicants but cannot directly access criminal or credit records from public sources. Medical examinations may be a condition of employment, especially in positions involving physical labor or public health.

Fixed-Term Contracts and Probationary Periods

Fixed-term employment contracts are permissible under specific circumstances, such as seasonal work or foreign labor permits. The maximum probationary period allowed is three months, extendable to six months for certain managerial positions.

Work Hours, Overtime, and Leave

Standard working hours are capped at 40 hours per week, with overtime allowed under specific conditions and must be compensated at a minimum of 150% of the regular rate. Employees are entitled to 24 days of paid vacation annually, with additional leave granted for hazardous work or disabilities.

Termination of Employment

Employment termination must be justified by valid reasons as specified in the Labour Code, such as downsizing, poor performance, or violation of workplace rules. Employees are entitled to at least one month’s notice prior to dismissal, with severance pay in some cases.

Support for Employers Under Kazakhstan’s Labor Law

Our law firm offers comprehensive services to support employers in navigating Kazakhstan’s labor regulations. Our services include:

Employment contract drafting
HR documentation audits and risk assessments
Employment termination guidance
Labor compensation and incentive schemes
Work permits for foreign employees
Health and safety compliance
Labor dispute resolution, both in and out of court

We specialize in providing legal solutions that align with Kazakhstan’s evolving labor regulations, ensuring businesses remain compliant while optimizing workforce management.

For expert advice on Kazakhstan’s employment law, contact us today.

Practice Areas

Kazakhstan Labor Law and Employment

Kazakhstan Labor Law and Employment: Key Regulations and Legal Insights

Primary Employment Legislation in Kazakhstan

Kazakhstan’s employment framework is governed by several key legal statutes:

Kazakhstan Constitution: Establishes fundamental employment rights.

Labour Code: Regulates employment matters, social partnerships, labor safety, and protection.

Employment Law: Covers foreign labor engagement and employer social responsibilities.

Normative Resolution of the Supreme Court of Kazakhstan No. 9 (2017): Provides guidelines for resolving labor disputes.

Additional laws, such as the Law on Migration, manage foreign labor entry, while Government Regulation No. 559outlines the process for issuing work permits to foreign nationals. Furthermore, the Law on Mandatory Social Security governs payments to employees in specified situations.

Special employment regimes apply to Eurasian Economic Union citizens and those working within the Astana International Financial Centre.

Prohibition of Discrimination and Harassment in the Workplace

Employment Enforcement Agencies

The Ministry of Labour and Social Protection oversees the enforcement of employment regulations. The Ministry of Internal Affairs plays a role in regulating foreign national employment matters.

Employee Representation and Labor Disputes

Background Checks and Medical Examinations

Employers in Kazakhstan may conduct background checks on applicants but cannot directly access criminal or credit records from public sources. Medical examinations may be a condition of employment, especially in positions involving physical labor or public health.

Fixed-Term Contracts and Probationary Periods

Fixed-term employment contracts are permissible under specific circumstances, such as seasonal work or foreign labor permits. The maximum probationary period allowed is three months, extendable to six months for certain managerial positions.

Work Hours, Overtime, and Leave

Standard working hours are capped at 40 hours per week, with overtime allowed under specific conditions and must be compensated at a minimum of 150% of the regular rate. Employees are entitled to 24 days of paid vacation annually, with additional leave granted for hazardous work or disabilities.

Termination of Employment

Employment termination must be justified by valid reasons as specified in the Labour Code, such as downsizing, poor performance, or violation of workplace rules. Employees are entitled to at least one month’s notice prior to dismissal, with severance pay in some cases.

Support for Employers Under Kazakhstan’s Labor Law

Our law firm offers comprehensive services to support employers in navigating Kazakhstan’s labor regulations. Our services include:

Employment contract drafting

HR documentation audits and risk assessments

Employment termination guidance

Labor compensation and incentive schemes

Work permits for foreign employees

Health and safety compliance

Labor dispute resolution, both in and out of court

We specialize in providing legal solutions that align with Kazakhstan’s evolving labor regulations, ensuring businesses remain compliant while optimizing workforce management.

For expert advice on Kazakhstan’s employment law, contact us today.