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Article 1.The basic definitions used in this Code
1. The following basic definitions are used in this Code:
1) civil service - professional activity of civil servants in the performance of official authority, aimed at fulfillment of tasks and functions of state enterprises, government agencies, technical maintenance and functioning of state bodies;
2) civil servant - a person who, in the manner prescribed by the legislation of the Republic of Kazakhstan, holds a paid staff position in state enterprises and government agencies and performs official duties in order to implement their tasks and functions, maintain and ensure functioning of state bodies;
3) the minimum monthly wage - is the guaranteed minimum monthly payments to an employee of simple unskilled (least complicated) labor in performing his labor duties under normal conditions and at normal duration of working hours, established by this Code;
4) special clothing - clothing, footwear, headwear, mittens, other personal protective items, intended to protect an employee from harmful and (or) dangerous production factors;
5) heavy work - activities of an employee associated with the constant movement, relocation and carrying by hand (ten kilograms and more) of weights and requiring great physical effort (energy consumption more than 250 kcal / h);
6) shift work - work in two or three or four work shifts within 24 hours;
7) social partnership - a system of relationships between employees (representatives of employees), employers (representatives of employers), state bodies aimed at ensuring harmonization of their interests in regulation of labor relations and others directly related to labor relations;
8) general, industrial, regional agreement (hereinafter – an agreement) – a legal act in the form of a written agreement concluded between the parties to the social partnership, defining the content and obligations of the parties to establish working, employment and social security conditions for employees at the national, industrial and regional levels;
9) the condition of non-competition - the terms of the non-competition agreement that limit the employee's right to carry out actions that could damage the employer;
10) downtime – a temporary suspension of work due to economic, technological, organizational, other production or nature reasons;
11) qualification category (rank) - the level of requirements for the qualification of an employee, reflecting the complexity of the work performed;
12) mediator - an individual or legal entity, engaged by the parties to labor relations to render services to resolve labor dispute;
13) a leave - the release of an employee from work for a certain period to ensure the annual rest of the employee or social goals, with retention of his place of work (position) and the average salary in the cases established by this Code;
14) labor - is a human activity aimed at creating material, spiritual and other values necessary for life and for meeting the needs of a human being and a society;
15) labor hygiene - a set of sanitary and epidemiological measures and means for preserving the health of employees, prevention of adverse effects of the working environment and the work process;
16) labor dispute - disagreements between the employee (employees) and the employer (employers) on application of the labor legislation of the Republic of Kazakhstan, implementation or amendment of the terms of agreements, labor and (or) collective contracts, employer's acts;
17) working conditions – the terms of payment, standardization of labor, performance of work-related duties, working hours and rest time, the order of combining professions (positions), expanding service areas, performing duties of temporarily absent employee, labor safety and protection, technical, production and working conditions, as well as other working conditions agreed upon by the parties;
18) the authorized state body for labor - is the central executive body that administers and ensures inter-industrial coordination in labor relations area in accordance with the legislation of the Republic of Kazakhstan;
19) a local labor inspection body - is a structural subdivision of local executive bodies of a region, a city of the republican significance, of the capital, performing powers within the respective administrative-territorial unit in the area of labor relations in accordance with the legislation of the Republic of Kazakhstan;
20) payment for labor - is a system of relations connected with compulsory payment of remuneration to the employee for his work by the employer in accordance with this Code and other normative legal acts of the Republic of Kazakhstan, as well as agreements, labor, collective contracts and acts of the employer;
21) labor relations - the relationship between the employee and the employer arising in the exercise of rights and obligations provided for by the labor legislation of the Republic of Kazakhstan, agreements, labor, collective contracts and acts of the employer;
22) relations directly related to labor relations – the relations that are formed for organization and management of labor, employment, vocational training, retraining and advanced training of employees, social partnership, conclusion of collective agreements and contracts, participation of workers (workers' representatives) in establishing working conditions in the cases provided for by this Code, resolution of labor disputes and control over compliance with the labor legislation of the Republic of Kazakhstan;
23) labor safety - the state of protection of employees, provided by a set of measures that exclude the impact of harmful and (or) dangerous production factors on the employees in the course of work;
24) labor safety conditions - compliance of labor process and production environment with requirements of labor safety and protection in performance of labor duties by the employee;
25) monitoring of labor safety and protection - a system for monitoring the state of labor safety and protection, as well as assessing and forecasting the state of labor safety and protection;
26) standards in labor safety and protection area - ergonomic, sanitary-epidemiological, psycho-physiological and other requirements that ensure normal and safe working conditions;
27) accident related to work activity - the impact on the employee of a harmful and (or) dangerous production factor in performance of his work (job) duties or tasks of the employer, which resulted in an industrial accident, sudden deterioration of health or poisoning of the employee that led to temporary or persistent disability or death;
28) labor duties - the obligations of the employee and the employer, conditioned by the normative legal acts of the Republic of Kazakhstan, the employer's act, labor, collective contracts;
29) work experience - time in calendar calculation, spent by the employee to perform labor duties, as well as other periods included in the length of service in accordance with this Code;
30) labor discipline - proper performance by the employer and employees of the obligations established by the normative legal acts of the Republic of Kazakhstan, as well as by agreements, labor, collective contracts, acts of the employer, constituent documents;
31) work schedule - the order of regulation of relations for organization of labor of employees and the employer;
32) labor protection - a system to ensure the safety of life and health of employees in the work process, including legal, socio-economic, organizational and technical, sanitary-epidemiological, therapeutic and preventive, rehabilitation and other measures and means;
33) technical inspector for labor protection - a representative of employees exercising internal control over labor safety and protection;
34) standardization of labor - determination of necessary labor (time) input to perform work (production of a unit of output) by employees in specific organizational and technical conditions and establishment of labor standards on this basis;
35) safe working conditions - working conditions where the levels of influence of production factors on employees do not exceed the established standards;
36) employment contract - a written agreement between the employee and the employer, according to which the employee undertakes to perform certain work (labor function) in person, observe the work order, and the employer undertakes to provide the employee with work on the stipulated labor function, provide the working conditions stipulated in this Code, laws of the Republic of Kazakhstan and other normative legal acts of the Republic of Kazakhstan, collective contracts, acts of the employer, pay wages to the employee timely and in full;
37) salary - remuneration for work, depending on qualification of the employee, complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments;
38) personal protective items – the means, designed to protect the employee from harmful and (or) dangerous production factors, including special clothing;
39) an employer - is an individual or legal entity with whom the employee is in labor relations;
40) representatives of employers – individuals and (or) legal entities, authorized, on the basis of constituent documents and (or) power of attorney, to represent the interests of the employer or a group of employers;
41) acts of the employer - orders, resolutions, instructions, rules, regulations, schedules of shifts, schedules of watches, leave schedules, issued by the employer;
42) declaring of the employer's activity - the procedure for recognizing the employer’s activities that meet the requirements of the labor legislation of the Republic of Kazakhstan on the basis of the application submitted by him;
43) an employee - an individual who is in labor relations with the employer and who directly performs work under an employment contract;
44) representatives of employees - bodies of trade unions, their associations, and, in their absence, the elective representatives, elected and authorized at the general meeting (conference) of employees by a majority of the participants, with the presence of at least two-thirds of the employees (conference delegates);
45) workplace - the place of permanent or temporary location of an employee in performance of his labor duties in the course of work;
46) billing of the work - assignment of works to a certain complexity in accordance with the Unified tariff-qualification reference book of works and occupations of workers and the Qualification reference book of positions of managers, specialists and other employees, tariff and qualification characteristics of occupations of workers and standard qualification characteristics of positions of managers, specialists and other employees of organizations;
47) working hours - is the time during which the employee, in accordance with the employer's acts and the terms of the employment contract, performs labor duties, as well as other periods of time that, in accordance with this Code, other normative legal acts of the Republic of Kazakhstan, the collective contract, the employer's act, are included in the working hours;
48) record of cumulative hours worked – recording of working hours by summing it up for the record period established by the employer;
49) harmful working conditions - working conditions that are characterized by the presence of harmful production factors;
50) harmful production factor – is a production factor, the impact of which on the employee can lead to illness or disability and (or) negative impact on the health of the generation;
51) occupational disease - is a chronic or acute disease caused by impact of harmful and (or) dangerous production factors to an employee when the employee performs his / her work duties;
52) guarantees - means, methods and conditions by which the rights granted to employees in social and labor relations area are exercised;
53) safety standards - qualitative and quantitative indicators characterizing production conditions, production and labor process in terms of ensuring organizational, technical, sanitary, hygienic, biological and other norms, rules, procedures and criteria aimed at preserving the life and health of workers in their labor activity;
54) dangerous working conditions - working conditions where the impact of certain production or irremovable natural factors leads in case of non-observance of the rules of labor protection to occupational injuries, sudden deterioration of health or poisoning of the employee resulting in temporary or persistent disability, occupational disease or death;
55) dangerous production factor - a production factor, the impact of which on the employee can lead to temporary or persistent disability (occupational injury or occupational disease) or death;
56) part-time work - the employee performs another regular paid work in accordance with the terms of the employment contract in his free time;
57) a foreign employee of a state body - a foreigner involved in a state body under an employment contract;
58) holidays - days of national and state holidays of the Republic of Kazakhstan;
59) basic salary - a relatively constant part of wages, including payment at tariff rates, official salaries, piece-work rates, and permanent payments, stipulated by the labor legislation of the Republic of Kazakhstan, industrial agreement, collective and (or) employment contracts;
60) production equipment - machines, mechanisms, devices, apparatus, instruments and other technical means necessary for work, production;
61) industrial injury - damage to the health of the employee, received during performance of his labor duties, resulting in a loss of ability to work;
62) production necessity - work to prevent or eliminate a natural disaster, an accident or immediate elimination of their consequences, to prevent accidents, downtime, death or damage to property and in other exceptional cases, as well as to replace a temporarily absent employee;
63) production activity - a set of actions of employees with the use of the means of labor necessary to turn resources into finished products, including production and processing of various types of raw materials, provision of various types of services and performance of work;
64) specialized organizations for certification of production facilities - organizations that carry out activities to certify production facilities for working conditions, possessing the qualified personnel and testing laboratories accredited in accordance with the legislation of the Republic of Kazakhstan;
65) attestation of production facilities for working conditions - activities for evaluation of production facilities (workshops, plots, workplaces, as well as other separately located units of employers engaged in production activities) in order to determine the state of safety, harmfulness, complexity of the work performed on them, labor hygiene and to determine compliance of working environment conditions with labor safety and protection standards;
66) industrial sanitation - a system of sanitary-hygienic, organizational measures and technical means that prevent or reduce the impact of harmful production factors on employees;
67) production factors - technical, sanitary, hygienic, industrial and other conditions that affect the employee in accordance with legislative and other normative legal acts of the Republic of Kazakhstan;
68) gross negligence - actions of the employee, contributing to violation of the rules of labor protection and safety of their health;
69) compensation payments - cash payments related to a special mode of work and working conditions, loss of work, reimbursement of costs to employees associated with performance of their labor or other duties stipulated by the laws of the Republic of Kazakhstan, as well as payments related to vocational training, retraining and advanced training of employees or other persons who are not in labor relations (hereinafter - the trainee);
70) inter-category coefficient - the ratio between tariff rates of adjacent tariff-qualification categories;
71) tariff system - a type of wage system, in which the employees’ wages are determined differentially based on tariff rates (salaries) and tariff scale;
72) tariff scale - a set of tariff categories and tariff coefficients, providing for differentiation based on the complexity of the work performed and qualifications of employees;
73) tariff rate (salary) - a fixed amount of payment for labor for performance of labor duties of a certain complexity (qualification) per unit of time;
74) tariff category - a level of complexity of work and an indicator of the qualification level necessary to perform this work;
75) disciplinary sanction - a measure of disciplinary influence on an employee, used by the employer or the first head of the national managing holding in cases provided by the Laws of the Republic of Kazakhstan, for commission of a disciplinary offense;
76) disciplinary offense – a violation of labor discipline by an employee, as well as improper performance of labor duties;
77) rest time - the time during which the employee is free from performing labor duties and which can be used at his discretion;
78) collective protective items - technical means intended for simultaneous protection of two or more employees from exposure to harmful and (or) dangerous production factors;
79) collective contract - a legal act in the form of a written agreement, concluded between employees in the person of their representatives and the employer, regulating social and labor relations in the organization;
80) overtime work - work performed by an employee at the initiative of the employer beyond the established working hours (in excess of the normal amount of working hours for the record period);
81) notification - a written application of an employee or employer or applications filed in another way (courier mail, postal service, facsimile communication, e-mail and other information and communication technologies);
82) business trip – sending of an employee on the order of the employer to perform work duties for a certain period outside the place of permanent work in another locality, as well as sending the employee to another locality for training, advanced training or retraining.
2. Other special concepts and terms of the labor legislation of the Republic of Kazakhstan are used in the meanings, defined in the relevant articles of this Code.
Footnote. Article 1 as amended by the Article 204 of the Labour code of the Republic of Kazakhstan dated 23.11.2015 № 414-V (shall be enforced from 01.01.2017); By the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 2. Labor legislation of the Republic of Kazakhstan
1. The labor legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of this Code, laws of the Republic of Kazakhstan and other normative legal acts of the Republic of Kazakhstan.
2. It is prohibited to include the norms regulating labor relations, social partnership and labor protection in other laws of the Republic of Kazakhstan, except for the cases stipulated by this Code.
3. If an international agreement ratified by the Republic of Kazakhstan establishes other rules than those contained in this Code, then the rules of the international treaty are applied.
International treaties ratified by the Republic of Kazakhstan are applied directly to labor relations, except for the cases when it follows from the international treaty that a law is required for its application.
Article 3. Purpose and objectives of the labor legislation of the Republic of Kazakhstan
1. The purpose of the labor legislation of the Republic of Kazakhstan is the legal regulation of labor relations and other relations directly related to labor, aimed at protecting the rights and interests of the parties to labor relations, establishing minimum guarantees of rights and freedoms in labor area.
2. The objectives of the labor legislation of the Republic of Kazakhstan are the creation of necessary legal conditions aimed at achieving a balance of interests of the parties to labor relations, social stability and public consent.
The principles of labor legislation of the Republic of Kazakhstan are:
1) impermissibility of restriction of human and civil rights in labor area;
2) freedom of work;
3) prohibition of discrimination in labor area, forced labor and the worst forms of child labor;
4) ensuring the right to work conditions that meet requirements of safety and hygiene;
5) the priority of life and health of the employee;
6) ensuring the right to remuneration for work which is not lower than the minimum wage;
7) ensuring the right to rest;
8) equality of rights and opportunities for workers;
9) ensuring the right of employees and employers to unite to protect their rights and interests;
10) assistance of the state in strengthening and developing social partnership;
11) state regulation of labor safety and protection issues.
Everyone has the right to freely choose work or freely agree to work without any discrimination or coercion, the right to control his abilities to work, to choose a profession and occupation.
Article 6. Prohibition of discrimination in labor area
1. Everyone has equal opportunities in exercising their rights and freedoms in labor area. No one may be restricted in the rights at work, except for the cases and in the manner prescribed by this Code and other laws of the Republic of Kazakhstan.
2. No one shall be subjected to any discrimination in the exercise of labor rights on grounds of origin, social, official and property status, sex, race, nationality, language, attitude to religion, beliefs, residence, age or disability, as well as associations.
3. Differences, exceptions, preferences and restrictions, which, in accordance with the laws of the Republic of Kazakhstan, are established for the relevant types of work activity or are caused by the special concern of the state about persons requiring increased social and legal protection, are not the discrimination.
4. Persons who consider that they have been subjected to discrimination in the labor area have the right to apply to the court or other instances in the manner established by the laws of the Republic of Kazakhstan.
Article 7. Prohibition of forced labor
Forced labor is prohibited.
Forced labor means any work or service required from a person under the threat of any punishment, for which this person did not volunteer his services.
Forced labor is allowed only:
as a result of the court verdict that entered into force, provided that the work is carried out under the supervision and control of state bodies and that the person performing it will not be ceded or transferred to the disposal of individuals and (or) legal entities;
in an emergency or martial law.
1. This Code regulates the following relations:
1) labor;
2) directly related to labor;
3) social partnership;
4) on safety and labor protection.
2. This Code applies to employees and employers located on the territory of the Republic of Kazakhstan, including branches and (or) representative offices of foreign legal entities that have passed registration, unless otherwise provided by laws and international treaties ratified by the Republic of Kazakhstan.
3. Specifics of the legal regulation of labor of certain categories of employees are established by this Code and other laws of the Republic of Kazakhstan.
4. Laws of the Republic of Kazakhstan shall not reduce the level of rights, freedoms and guarantees established by this Code.
Article 9. Minimum social standards in labor area
The minimum monthly salary, duration of daily work (work shift), the main paid annual leave, are the minimum social standards in the labor area in accordance with the Law of the Republic of Kazakhstan “On Minimum social standards and their guarantees”.
Article 10. Labor agreements, agreements of the parties to social partnership, collective contracts, acts of the employer in labor area
1. Labor relations, as well as other relations directly related to labor, are regulated by an employment contract, an employer's act, an agreement and a collective contract.
2. The provisions of the agreements of the parties to social partnership, collective agreements, labor contracts, employers' acts, worsening the situation of employees in comparison with the labor legislation of the Republic of Kazakhstan, are recognized as invalid and not subject to application.
3. The terms of agreements, collective contracts, labor contracts may not be changed unilaterally.
Article 11. Acts of the employer
The employer issues acts within his competence in accordance with this Code and other normative legal acts of the Republic of Kazakhstan, labor contract, agreements, collective contracts.
Article 12. Order of taking into account the opinions of employees' representatives when issuing acts of the employer
1. The employer, in cases stipulated by agreements, collective contract, issues acts taking into account the opinion of representatives of employees.
2. The employer submits a draft of employer's act and justification to the employee representatives. In the presence of several representatives of employees, they create a unified representative body to take into account the opinions on the employer's acts, the numerical composition of which is proportional to the number of employees represented by them.
3. The draft of employer's act is discussed by representatives of employees no more than five working days from the date of its presentation. In the event that employees' representatives fail to provide a decision within the time limits established by this Code, the employer has the right to adopt the act without taking into account the opinions.
4. Decisions of employees' representatives are documented by a protocol that indicates consent (disagreement) of employees' representatives with the draft of employer's act, if available, their proposals are stated.
5. In the event that the opinion of employees' representatives does not contain agreement with the draft of employer's act or contains proposals for its amending, the employer:
1) when approved, issues an act, amended taking into account the proposals of representatives of employees;
2) if disagreed, has the right to conduct additional consultations with representatives of employees.
6. If an agreement is not reached on the drafts of the employer's acts, for publication of which the opinion of the employees' representatives should be taken into account in accordance with the agreements, collective contract, the disagreements that arise are drawn up by a protocol signed by one representative of the employer and employees, after which the employer has the right to adopt the act.
7. In the event that the published act of the employer contains provisions that violate or impair the rights and guarantees of employees provided for in this Code, labor, collective contracts, agreements, it may be appealed to the local labor inspectorate or to the court.
Article 13. Calculation of terms established by this Code
1. The time period, established by this Code, labor or collective contract, is determined by the calendar date, the expiration of the period of time, which is calculated by years, months, weeks or days. The time period may also be determined by an indication of the event that should occur.
2. In the cases provided for by this Code, the time period is calculated in working days.
3. Duration of the term determined by the time period starts on the next day after the calendar date, the occurrence of the event, which determines its beginning.
4. The terms, calculated in years, months, weeks, expire in the corresponding dates of the last year, month, week. If the end of the period, calculated in months, falls on a month in which there is no corresponding date, then the term expires on the last day of this month. The term, calculated in calendar weeks or days, includes the non-working days.
5. If the last day of the term falls on a non-working day, then the day of the end of the term shall be the first working day following it, unless otherwise provided by this Code.
Article 14. Responsibility for violation of labor legislation of the Republic of Kazakhstan
Persons, guilty of violating the labor legislation of the Republic of Kazakhstan, are liable in accordance with the laws of the Republic of Kazakhstan.
CHAPTER 2. STATE REGULATION IN LABOR RELATIONS AREA
Article 15. Competence of the Government of the Republic of Kazakhstan in labor relations regulation area
The Government of the Republic of Kazakhstan:
1) develops the main directions and ensures implementation of the state policy in labor, labor safety and protection area;
2) determines the amount of social allowances for temporary disability;
3) approves the Model Regulations on conditions of remuneration and bonuses for executives of national companies, joint-stock companies, controlling interest in which belongs to the state;
4) approves the system of payment for labor for civil servants, employees of organizations, maintained at the expense of the state budget, employees of state enterprises;
5) concludes a general agreement with the republican associations of employers and republican associations of employees;
6) establishes the procedure for adoption of normative legal acts in labor safety and protection area by the relevant authorized bodies;
7) performs other functions entrusted to it by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Article 16. Competence of an authorized state body for labor in labor relations regulation area
The authorized state body for labor:
1) implements the state policy in labor, labor safety and protection area;
2) organizes state control over observance of the labor legislation of the Republic of Kazakhstan, including requirements for labor safety and protection, legislation of the Republic of Kazakhstan on employment, and coordinates activities and checks the activities of the local labor inspectorate;
3) carries out methodological guidance and coordination of local executive bodies in labor relations regulation area;
4) requests the necessary information from local labor inspectorates on labor matters;
5) is excluded by Law of the Republic of Kazakhstan No. 273-VI dated November 26, 2019 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);
6) coordinates the activities of state agencies to develop technical regulations in the area of occupational safety and labor protection;
7) performs coordination and interaction in the area of labor safety and protection with other state bodies, as well as representatives of employees and employers;
8) establishes the procedure for development, approval, replacement and revision of labor standards by the employer, standard norms and labor standards, uniform and (or) inter-industrial, model norms and labor standards for all areas of activity;
9) develops and approves a list of names of positions of employees related to administrative personnel;
10) establishes the procedure for submission, review and approval of labor standards in organizations, for the services (goods, works) of which the state regulation of tariffs (prices, charge rates) is introduced;
11) establishes the procedure for submission, review and approval of parameters for the system of payment for labor for employees of organizations, for services (goods, works) of which the state regulation of tariffs (prices, charge rates) is introduced;
12) registers branch and regional agreements concluded at the level of the region (a city of republican significance, the capital);
13) conducts training and attestation of state labor inspectors;
14) exercises control over the timely and objective conduct of an investigation of accidents related to work activity in the manner established by this Code and other normative legal acts of the Republic of Kazakhstan;
15) maintains international cooperation in labor relations regulation area;
16) determines the procedure for development, revision, approval and application of the Unified tariff and qualification reference book of works and occupations of workers, tariff and qualification characteristics of occupations of workers, the Qualification reference book of positions of managers, specialists and other employees, and the standard qualification characteristics of positions of managers, specialists and other employees of organizations;
16-1) develops and approves the Unified tariff-qualification reference book of works and occupations of workers, the tariff-qualification characteristics of occupations of workers, the Qualification reference book of positions of managers, specialists and other employees;
16-2) develops and approves the qualification characteristics of individual positions of specialists of government agencies and state enterprises common to all areas of activity;
17) considers and coordinates qualification reference books or standard qualification characteristics of positions of managers, specialists and other employees of organizations of various types of economic activity, developed and approved by the authorized state bodies of the relevant areas of activity;
18) determines the list of manufactures, workshops, professions and positions, a list of heavy work, work with harmful and (or) dangerous working conditions, the work in which gives the right for the reduced working hours, additional paid annual leave and higher wages, and the order of their provision (hereinafter - List of manufactures, workshops, professions and positions, a list of heavy work, work with harmful and (or) dangerous working conditions);
19) creates a commission to investigate group accidents in accordance with this Code and other normative legal acts of the Republic of Kazakhstan;
20) organizes monitoring and assessment of risks in the area of occupational safety and labor protection;
21) approves the model provision on labor arbitration;
22) establishes a unified procedure for calculating the average wage;
23) determines the procedure for admission to the civil service and holding a competition for employment of a civil servant;
24) defines general requirements for vocational training, retraining and skills development in the organization;
25) approves the form, the procedure for keeping and storing work record books;
26) approves the list of works where the labor of workers under the age of eighteen is prohibited, the maximum standards for carrying and transporting heavy loads by workers under the age of eighteen;
27) approves the list of works where female labor is prohibited, the maximum standards for manual lifting and moving of heavy loads by women;
28) approves the model provision on labor safety and protection in the organization;
29) determines the procedure for mandatory periodic attestation of production facilities for working conditions;
30) determines the procedure and terms for conducting training, instructing and checking the knowledge on labor safety and protection of workers;
31) establishes the procedure for development, approval and revision of the instruction on labor safety and protection by the employer;
32) determines the procedure for allocation and payment of social benefits for temporary disability;
33) approves the procedure for issuing milk or equivalent foodstuffs, therapeutic and preventive nutrition, special clothes and other personal protective items to employees, and also establishes the procedure for providing them with means of collective protection, sanitary facilities and devices at the expense of the employer;
34) approves, upon agreement with the central authorized body on budget planning, the norms for issuing milk to workers or equivalent food products, therapeutic and preventive nutrition;
35) approves, upon agreement with the central authorized body on budget planning, the norms for issuing special clothes and other personal protective items to workers of organizations of various economic activities;
36) develops and approves the procedure for declaring the activities of the employer;
37) determines the priorities of scientific developments in the area of labor safety and protection and labor relations regulation;
38) organizes development of scientific, scientific and technical projects and programs financed from the state budget, and implements them;
39) develops and approves the form of recording of collective labor disputes;
40) develops and approves uniform cross-industry standards for the number of employees who provide technical services and functioning of state bodies;
40-1) coordinates industry standards for the number of employees who provide technical services and functioning of state bodies, which are developed and approved by the state bodies of the relevant areas of activity in accordance with the procedure established by the authorized state body for labor;
41) coordinates the registers of civil servants' posts, developed and approved by the relevant authorized state bodies of the relevant areas of activity;
42) exercises other powers provided for by this Code, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
Footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 06.04.2016 № 483-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication); No. 273-VI dated November 26, 2019 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Article 17. Competence of local labor inspectorate
Local labor inspectorate:
1) carries out the state control over observance of the labor legislation of the Republic of Kazakhstan, including requirements for labor safety and protection;
2) monitors collective contracts submitted by employers;
3) conducts an analysis of the causes of occupational injuries, occupational diseases, occupational poisoning and develops recommendations for their prevention;
4) investigates accidents related to work activity, in accordance with the procedure established by this Code and other normative legal acts of the Republic of Kazakhstan;
5) conducts a verification of knowledge of persons responsible for ensuring labor safety and protection of employers;
6) is excluded by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication);
7) interacts with representatives of employees and employers on matters of improving labor safety and protection standards;
8) considers appeals of employees, employers and their representatives on labor safety and protection issues;
9) monitors attestation of production facilities for working conditions;
10) Is excluded by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication);
11) submits periodic reports to the authorized state body for labor, as well as the results of monitoring the state of labor safety and protection on the basis of the information system on labor protection and safety;
12) conducts monitoring of collective labor disputes in the form established by the authorized state body for labor;
13) provides the necessary information on labor relations to the authorized state body for labor;
14) carries out the declaring of the employer's activities.
Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 18. Competence of local executive bodies in labor relations regulation area
Local executive bodies:
1) implement the state policy in the labor, labor safety and protection area;
2) after approval with local representative authority shall determine the list of positions of specialists for health care, social security, education, culture, sports, veterinary medicine, forestry and specially protected natural territories that shall be civil servants and rural area worker;
3) register the industrial and regional agreements concluded at the municipal, district level;
4) coordinate the conduct of strikes in organizations, ensuring the activity of the population (public transport, organizations that supply water, electricity, heating);
5) conclude regional (regional, municipal, district) agreements with regional associations of employers and regional associations of workers;
6) review and agree on the parameters of the remuneration system for employees of organizations, for the services (goods, works) of which the state regulation of tariffs (prices, fee rates) is introduced, in the manner established by the authorized state body for labor;
7) establish a quota for employment of categories of the population defined by the laws of the Republic of Kazakhstan;
8) carry out, in the interests of local government, other powers vested in local executive bodies by the legislation of the Republic of Kazakhstan.
Footnote. Article 18 as amended by the Law of the Republic of Kazakhstan No. 73-VI dated 15.06.2017 (shall be enforced from 01.01.2019).
Article 19. Subjects of labor relations
The subjects of labor relationship are the employee and the employer.
The head of a branch or representative office of a foreign legal entity exercises all rights and fulfills all obligations of the employer on behalf of this legal entity.
Article 20. Representatives of employees and their powers
1. The interests of employees within the powers delegated to them are represented by the bodies of trade unions in accordance with the Law of the Republic of Kazakhstan "On Trade Unions", and in their absence – the elective representatives.
2. Workers, who are not members of the trade union, who did not participate in the election of the elective representatives of workers, have the right to delegate the right to represent their interests to trade union bodies, the elective representatives of employees. On the basis of a written application of an employee, the trade union bodies, the elective representatives of employees ensure representation of his interests.
3. The elective representatives of employees have the right:
1) to represent and protect the labor rights and interests of employees;
2) to conduct collective negotiations with the employer on development of projects and conclusion of collective contracts;
3) in accordance with collective contracts to visit workplaces for studying and taking measures to ensure normal working conditions;
4) to participate in settlement of labor disputes between the employee and the employer in accordance with the procedure established by this Code.
Article 21. Grounds for emergence of labor relations
1. Labor relations arise between the employee and the employer on the basis of an employment contract concluded in accordance with this Code, except for the cases established by the laws of the Republic of Kazakhstan.
2. In the cases and in the manner established by the laws of the Republic of Kazakhstan, the constituent documents, acts of the employer, conclusion of the employment contract may be preceded by the following procedures:
1) election (election) for the position;
2) election by competition for the relevant post;
3) appointment or confirmation to a post;
4) referral to work by the bodies authorized by the laws of the Republic of Kazakhstan in accordance with the established quota;
5) making a court decision on concluding an employment contract.
3. Labor relations with the head of the executive body of a legal entity shall be carried out in accordance with this Code, laws of the Republic of Kazakhstan, constituent documents and an employment contract.
Article 22. Basic rights and obligations of the employee
1. The employee has the right:
1) for conclusion, amendment, addition, termination and cancellation of an employment contract in the manner and under the conditions provided for by this Code;
2) to require from the employer to fulfill the conditions of labor, collective contracts;
3) for safety and labor protection;
4) for obtaining complete and reliable information on the state of working conditions and labor protection;
5) for timely and full payment of wages in accordance with the terms of labor, collective contracts;
6) for payment of downtime in accordance with this Code;
7) for the rest time, including the paid annual work leave;
8) for association, including the right to establish a trade union, as well as membership in it, for provision and protection of their labor rights, unless otherwise provided by the laws of the Republic of Kazakhstan;
9) for participation through their representatives in collective negotiations and drafting of a collective contract, as well as acquaintance with the signed collective contract;
10) for compensation for damage caused to health in connection with the performance of labor duties;
11) for compulsory social insurance;
12) for insurance against accidents in performance of labor (service) duties;
13) for guarantees and compensation payments;
14) for protection of their rights and legitimate interests by all means that do not contradict the law;
15) for an equal pay for equal work without any discrimination;
16) for applying for resolution of an individual labor dispute consistently to the conciliation commission, the court in the manner provided for by this Code;
17) for a workplace equipped in accordance with the requirements of safety and labor protection;
18) for provision with individual and collective protection means, special clothing in accordance with the requirements stipulated by the legislation of the Republic of Kazakhstan, as well as labor, collective contracts;
19) for refusal to perform work in the event of a situation that poses a threat to the health or life, with notification to the direct manager or representative of the employer about it;
20) for applying to the authorized state body for labor and / or the local labor inspectorate to conduct a survey of labor safety and protection conditions in the workplace, as well as to participate in verification and review of issues related to improving conditions, safety and labor protection;
21) for appeal against the actions (inaction) of the employer in the area of labor relations directly related to them;
22) for payment for labor in accordance with qualifications, complexity of labor, the quantity and quality of the work performed, as well as working conditions;
23) for resolution of individual and collective labor disputes, including the right to strike, in the manner prescribed by this Code, other laws of the Republic of Kazakhstan;
24) for protection of personal data held by the employer.
2. The employee is obliged to:
1) perform labor duties in accordance with agreements, labor, collective contracts, acts of the employer;
2) observe work discipline;
3) comply with the requirements for safety and labor protection, fire safety, industrial safety and industrial sanitation in the workplace;
4) take good care of the property of the employer and employees;
5) inform the employer of the situation that poses a threat to the life and health of people, the safety of the employer's and workers' property, and the occurrence of downtime;
6) not disclose information constituting state secrets, official, commercial or other secret protected by law, which became known to him in connection with performance of his duties;
7) compensate the employer for the damage caused within the limits established by this Code and other laws of the Republic of Kazakhstan.
3. The employee has other rights and performs other duties stipulated by this Code.
Article 23. Basic rights and obligations of the employer
1. The employer has the right:
1) for freedom of choice when hiring;
2) to amend, supplement, terminate and cancel the employment contracts with employees in the manner and on the grounds established by this Code;
3) to issue the acts of the employer within the limits of their authority;
4) to establish and join associations to represent and protect their rights and interests;
5) to require from the employees to fulfill the terms of labor, collective contracts, labor regulations and other acts of the employer;
6) to encourage employees, impose disciplinary sanctions, involve employees in material liability in cases and in the manner provided for in this Code;
7) for compensation for damage caused by the employee when performing his duties;
8) to apply to the court in order to protect their rights and legitimate interests in labor area;
9) to establish a probationary period for the employee;
10) to provide workers with vocational training, retraining and upgrading of their skills in accordance with this Code;
11) for reimbursement of its costs associated with training an employee in accordance with this Code;
12) to apply for resolution of an individual labor dispute consistently to the conciliation commission, the court in the manner prescribed by this Code.
2. The employer is obliged:
1) to comply with the requirements of the labor legislation of the Republic of Kazakhstan, agreements, collective contracts, employment contracts, acts issued by him;
2) when hiring, to conclude employment contracts with employees in the manner and under the conditions established by this Code;
3) when hiring, to require documents necessary for conclusion of an employment contract, in accordance with Article 32 of this Code;
4) to provide the employee with work stipulated by the employment contract;
5) timely and in full, to pay the employee wages and other payments provided for by normative legal acts of the Republic of Kazakhstan, labor, collective contracts, acts of the employer;
6) to familiarize the employee with the rules of the labor regulations, other acts of the employer that are directly related to the work (labor function) of the employee, and the collective contract;
7) to consider the recommendations of representatives of employees and provide the representatives of employees with complete and reliable information necessary for collective negotiations, collective contracts, as well as monitoring of their implementation;
8) to conduct collective negotiations in the manner established by this Code, to conclude a collective contract;
9) to provide workers with working conditions in accordance with the labor legislation of the Republic of Kazakhstan, labor, collective contracts;
10) to provide the employees with equipment, tools, technical documentation and other means necessary for performance of their duties, at their own expense;
11) to provide information to the authorized body on employment in accordance with the requirements of the legislation of the Republic of Kazakhstan on employment;
12) to comply with the requirements of state labor inspectors;
13) to suspend work if its continuation creates a threat to life, health of the employee and other persons;
14) to provide compulsory social insurance of employees;
15) to insure the employee against accidents in performance of his labor (official) duties;
16) to provide the employee with an annual paid leave;
17) to ensure the safety and delivery of documents confirming labor activity of employees, and information on with holding and deduction of money for their provision of pensions and compulsory social insurance to the state archive;
18) to warn the employee about harmful and (or) dangerous working conditions and the possibility of occupational disease;
19) to take measures to prevent risks in the workplace and in technological processes, carry out preventive work taking into account the production and scientific and technological progress;
20) to keep records of working hours, including overtime, in harmful and (or) dangerous working conditions, on heavy work performed by each employee;
21) to compensate for the harm caused to the life and health of the employee while performing his labor (official) duties in accordance with this Code and other laws of the Republic of Kazakhstan;
22) to provide free access for officials of the authorized state labor body and local labor inspectorate, representatives of employees, technical inspectors for labor protection to inspect safety, conditions and labor protection in organizations and compliance with the legislation of the Republic of Kazakhstan, as well as to investigate accidents related to labor activity, and occupational diseases;
23) to ensure the maintenance of registers or other documents determined by the employer, in which the name, first name, patronymic (if indicated in the identity document) and the date of birth of employees under the age of eighteen are indicated;
24) to collect, process and protect personal data of the employee in accordance with the legislation of the Republic of Kazakhstan on personal data and their protection;
25) to carry out internal control over labor safety and protection.
3. The employer has other rights and performs other duties stipulated by this Code.
Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan No. 165-VI dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 24. Subject of the employment contract
According to the employment contract, the employee undertakes to perform work (labor function) in person, observe the rules of the work schedule, and the employer undertakes to provide the employee with work on the stipulated labor function, provide working conditions stipulated by this Code, laws of the Republic of Kazakhstan and other normative legal acts of the Republic of Kazakhstan, collective contracts, acts of the employer, to pay the employee wages timely and in full.
Article 25. Guarantees of equality of rights and opportunities in conclusion of an
employment contract
1. It is prohibited to violate the equality of rights and opportunities when concluding an employment contract.
2. Pregnancy, the presence of children under the age of three, minority, disability may not restrict the right to conclude an employment contract, except for the cases provided for by this Code.
Article 26. Prohibitions and restrictions for conclusion of employment contract
and employment
1. It is not allowed to enter into an employment contract:
1) to perform the work, contraindicative to a person for health reasons on the basis of a medical opinion;
2) with citizens who have not reached the age of eighteen, for heavy work, the work with harmful and (or) dangerous working conditions, as well as for positions and works that provide for the full material responsibility of the employee for failure to ensure the safety of property and other valuables of the employer, as well as for work that can harm their health and moral development (gambling, work at night entertainment facilities, production, transportation and trade of alcoholic beverages, tobacco products, drugs psychotropic substances and precursors);
3) with citizens who are deprived of the right to hold a certain position or engage in certain activities in accordance with an effective court verdict;
4) with foreigners and stateless persons temporarily staying on the territory of the Republic of Kazakhstan until the local executive body issues a permission to employ foreign labor or a certificate of qualification for independent employment issued in accordance with the procedure determined by the authorized body for migration issues to foreign workers or before obtaining permission for a labor immigrant issued by the internal affairs bodies in accordance with the procedure established by the Ministry of Internal Affairs of the Republic of Kazakhstan, or without observance of limitations or exemptions established by the laws of the Republic of Kazakhstan;
5) with foreign students and trainees temporarily staying on the territory of the Republic of Kazakhstan, who did not submit certificates from the education organization indicating the form of training or the host organization for vocational training and (or) internship and a residence permit for the purpose of training;
6) with foreigners and stateless persons temporarily staying on the territory of the Republic of Kazakhstan, who have not submitted a permission to enter and stay with the aim of family reunification and a document confirming the state of marriage with a citizen of the Republic of Kazakhstan recognized by the legislation of the Republic of Kazakhstan;
7) for performance of work (rendering of services) in the household by one employer - an individual simultaneously with more than five labor immigrants.
2. Employment is not permitted:
1) in a commercial organization, except for government agencies and organizations, in the authorized capital of which the state's share is more than fifty percent, including the national managing holdings, national holdings, national companies, national development institutes, the shareholder of which is the state, their subsidiaries, more than fifty percent of voting shares (participation shares) of which belong to them, as well as legal entities, more than fifty percent of voting shares (participation shares) of which belong to these subsidiaries, of the person within one year after termination of his public service, if in the last year before termination of public service during execution of government functions the person by virtue of his official powers directly exercised control in the form of inspections of the commercial organization or the activity of this commercial organization was directly connected with the said person in accordance with his competence;
2) in state enterprises on the basis of the right of economic management, national managing holdings, national development institutions, national holdings and national companies, as well as their subsidiaries for a position related to the performance of management functions, of the person who previously committed a corruption crime,;
3) in the organization in the field of education, upbringing and development, recreation and rehabilitation, physical culture and sports, medical provision, provision of social services, culture and art with participation of minors, of the persons who have or have been convicted, subjected to criminal prosecution (except for persons, the criminal prosecution against whom was terminated on the basis of subparagraphs 1) and 2) of the part one of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan) for criminal violations: murder, deliberate harm to health, against public health and morality, sexual inviolability, extremist or terrorist crimes, human trafficking;
4) women for heavy work, work with harmful and (or) dangerous working conditions according to the List of works where the female labor is prohibited;
5) for work of part-time employees under eighteen years of age, and employees engaged in heavy work, work with harmful and (or) dangerous working conditions, with the exception of medical employees.
Footnote. Article 26 as amended by the Article 204 of the Labour code of the Republic of Kazakhstan dated 23.11.2015 № 414-V (shall be enforced from 01.01.2017); By the Law of the Republic of Kazakhstan No. 147-VІ dated 16.04.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 27. Difference of an employment contract from other types of contracts
Distinctive features of an employment contract from other types of contracts are the presence of one of the following conditions in it:
1) performance of work (labor function) by the employee on a particular qualification, specialty, profession or position;
2) fulfillment of obligations in person with subordination to the labor regulations;
3) the receipt of wages for work by the employee.
Article 28. Content of the employment contract
1. The employment contract shall contain:
1) requisites of the parties:
surname, first name, patronymic (if it is indicated in the identity document) of the employer - an individual, the address of his permanent residence and information on registration at the place of residence, name, number and date of issuance of the identity document;
individual identification number (business identification number);
the name of the employer - legal entity and its location, the number and date of state registration of the employer - a legal entity, business identification number;
surname, first name, patronymic (if it is indicated in the identity document) of the employee, the address of his permanent residence and information on registration at the place of residence, name, number, date of issuance of the identity document, the individual identification number;
2) work for a certain specialty, profession, qualification or position (labor function);
3) place of work performance;
4) the term of the employment contract;
5) the date of commencement of work;
6) the working hours and rest time;
7) the amount and other terms of remuneration for labor;
8) characteristics of working conditions, guarantees and benefits, if the work is heavy and (or) performed in harmful and (or) dangerous conditions;
9) the rights and duties of the employee;
10) the rights and obligations of the employer;
11) the procedure for amending and terminating the employment contract;
12) responsibility of the parties;
13) the date of conclusion and the serial number.
2. The employment contract concluded with the disabled person must contain the conditions for equipping the workplaces in accordance with their individual capabilities.
3. By agreement of the parties, other terms that are not inconsistent with the legislation of the Republic of Kazakhstan may be included in the employment contract.
Article 29. The condition of non-competition
1. By agreement of the parties between the employer and the employee, a non-competition agreement may be concluded, which provides for the employee's obligation not to carry out actions that could cause damage to the employer.
2. The non-competition agreement establishes limitations and conditions for their adoption, and compensation may be established for the period of this condition, except for cases when the non-competition condition is stipulated by the legislation of the Republic of Kazakhstan.
3. The list of posts and works, occupied or performed by employees with whom a non-competition agreement can be concluded is approved by the employer's act.
Article 30. Term of employment contract
1. An employment contract may be concluded:
1) for an indefinite period;
2) for a certain period of not less than one year, except for the cases established by subparagraphs 3), 4), 5) and 6) of this paragraph.
At the expiry of the term of the employment contract, the parties are entitled to extend it for an indefinite or definite period of not less than one year.
In the event that the term of the employment contract expires, if neither of the parties has notified in writing on termination of the employment relationship on the last working day (shift), it shall be considered extended for the same period for which it was earlier concluded, except for the cases provided for in paragraph 2 of Article 51 of this Code.
The number of prolongations of the term of the employment contract, concluded for a certain period of not less than one year, may not exceed two times.
With the continuation of labor relations, the employment contract is considered concluded for an indefinite period;
3) for the duration of a certain work;
4) for the period of replacement of the temporarily absent employee;
5) for the period of seasonal work;
6) within the time limits established by the legislation of the Republic of Kazakhstan for performance of work by foreign workers arriving for independent employment, the permits, issued by the local executive body for attraction of foreign labor or a work permit issued by the internal affairs authorities to a labor immigrant.
2. Small business entities may enter into employment contracts with employees for a fixed period without the restriction provided for in subparagraph 2) of paragraph 1 of this article.
3. An employment contract with a foreign employee of a state body is concluded for a period determined by the head of the state body.
4. An employment contract with the head of the executive body of a legal entity shall be concluded by the owner of the property of the legal entity or by the person (body) authorized by him or by an authorized body of the legal entity or by a person authorized by him for a term and in the order established by laws of the Republic of Kazakhstan, constituent documents or agreement of the parties.
In the event of expiration of the employment contract concluded with the head of the executive body of the legal entity, if neither of the parties has notified of termination of employment relationship not later than the last working day before the expiry of the employment contract, the employment contract is extended for a period until the decision is made by the founders, the owner of property of a legal entity or an authorized person (body) or an authorized body of a legal entity on the election (appointment, confirmation to a post) of a new head, or the same person, unless another period of extension is defined by this decision.
5. With an employee who has reached the retirement age in accordance with paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan "On Pensions in the Republic of Kazakhstan" and possesses a high professional and qualification level, taking into account his efficiency, the employment contract may be prolonged annually without the restriction provided for in the part four of subparagraph 2) of paragraph 1 of this article.
Footnote. Article 30 as amended by the Laws of the Republic of Kazakhstan dated 06.04.2016 № 483-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 23.11.2015 № 414-V (shall be enforced from 01.01.2017).
Article 31. The age when conclusion of employment contract is allowed
1. Conclusion of an employment contract is allowed with citizens who have reached the age of sixteen.
2. The employment contract may be concluded with:
1) citizens who have reached the age of fifteen years, if they obtained a basic secondary, general secondary education in organization of secondary education;
2) pupils who have reached the age of fourteen, to perform work when they are free from their studies, which does not cause harm to health and does not impede the learning process;
3) persons who have not reached the age of fourteen, in the organizations of cinematography, theaters, theatrical and concert organizations, circuses for participation in creation and (or) performance of works without prejudice to health and moral development, subject to the conditions specified in subparagraph 2) of this paragraph.
3. In cases specified in paragraph 2 of this article, along with a minor, the employment contract must be signed by one of his parents, a custodian, a trustee or an adoptive parent.
Article 32. Documents required for conclusion of an employment contract
1. To conclude an employment contract, the following documents are required:
1) an identity card or passport (birth certificate for persons under the age of sixteen).
Oralmans present an oralman's certificate issued by local executive bodies;
2) a residence permit or a certificate of a stateless person (for foreigners and stateless persons permanently residing in the territory of the Republic of Kazakhstan) or a refugee certificate;
3) a degree certificate, qualifications, the availability of special knowledge or professional training when concluding an employment contract for work that requires appropriate knowledge and skills;
4) a document confirming the work activity (for persons who have a working experience);
5) a document on preliminary medical examination (for persons who are obliged to undergo such an examination in accordance with this Code and other normative legal acts of the Republic of Kazakhstan).
2. To conclude an employment contract in the field of education, upbringing, recreation and rehabilitation, physical training and sports, medical provision, provision of social services, culture and art with the participation of minors, the person shall provide a certificate of the presence or absence of information on commission of a criminal offense: murder, deliberate harm to health, against health of the population and morals, sexual inviolability, extremist or terrorist crimes, human trafficking.
3. When entering the civil service, state enterprises on the basis of the right of economic management, national managing holdings, national development institutions, national holdings and national companies, as well as their subsidiaries, for a position related to performance of management functions, the person submits a certificate of presence or absence of information about commission of corruption-related offense.
4. To conclude an employment contract on a part-time job with another employer, the employee presents a certificate of the nature and conditions of work at the main place of work (place of work, position, working conditions).
5. The list of documents required for conclusion of an employment contract when attracting foreign employees of a state body is determined in accordance with the procedure for attracting foreign workers approved by the Government of the Republic of Kazakhstan.
6. The employer has no right to demand documents that are not provided for by paragraph 1 of this article, except for the cases provided for by laws and other normative legal acts of the Republic of Kazakhstan.
7. If the employee agrees that the employer keeps original documents or temporarily leaves them to perform the procedures established by the legislation of the Republic of Kazakhstan, the employer issues a written obligation to the employee to return the documents.
Article 33. The procedure for concluding, amending and supplementing an employment contract
1. The employment contract is concluded in writing in at least two copies and signed by the parties. One copy of the employment contract is kept by the employee and another copy – by the employer.
2. Introduction of amendments and additions to the employment contract, including when transferring to another job, is carried out by the parties in writing in the form of an additional agreement in the manner provided for in paragraph 1 of this article.
Notification of a change in the terms of the employment contract is filed by one of the parties to the employment contract and is considered by the other party within five working days from the date of its filing. The party that received notice of a change in the terms of the employment contract, including when transferring to another job, is obliged, within the time limit specified in this article, to inform the other party of the decision taken.
3. Admission of a person to the work is carried out only after conclusion of the employment contract.
In the absence and (or) non-conclusion of the employment contract due to the fault of the employer, he is liable in accordance with the procedure established by the laws of the Republic of Kazakhstan. In this case, the employment relationship is considered to have arisen from the day the employee commenced work.
4. Recognition of an employment contract as invalid through the fault of the employer does not entail loss of the right by the employee to be paid for work, compensation for unused days of paid annual leave, other payments and benefits.
Recognition of certain conditions of an employment contract as invalid does not entail invalidity of the employment contract as a whole.
Admission to work is documented by an employer's act issued on the basis of the concluded employment contract.
Article 35. Documents confirming the work activity of the employee
The document confirming the work activity of an employee may be any of the following ones:
1) work record book;
2) the employment contract with the employer's note on the date and reason for its termination;
3) extracts from the employer's acts confirming the occurrence and termination of labor relations on the basis of conclusion and termination of the employment contract;
4) extracts from the payroll for employees;
5) service list (a list of information about the work, work activity of the employee), signed by the employer, certified by the seal of the organization (if any);
6) extracts from the unified accumulative pension fund on the mandatory pension contributions made;
7) information from the State social insurance fund on social contributions made;
8) an archive certificate containing information on the employee's work activity.
Article 36. Condition of probation period in employment contract
1. When concluding an employment contract, the employment contract may contain the condition of a probation period in order to verify the compliance of the employee's qualification with the work given. The probation period starts from the beginning of the employment contract.
2. The probation period is included in the work experience of the employee and may not exceed three months. For the heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices of organizations, the probation period may be increased to six months.
3. The probation period is suspended for the period when the employee was actually absent from office.
Article 37. Result of probation period in hiring
1. In the event of a negative result of the employee's work during the probation period, the employer has the right to terminate the employment contract with him, notifying him in writing, indicating the reasons that were the basis for termination of the employment contract.
2. If the probation period has expired and neither party has notified of the termination of the employment contract, the employee is considered to have passed the probation period.
Article 38. Transfer of an employee to another job
1. Transfer of an employee to another job is:
1) change of the work (labor function) of the employee, that is, performing work on another position, specialty, profession, qualification;
2) assignment of other work, in performance of which the working conditions (wages, working hours and rest time, benefits and other conditions) change, stipulated by the employment contract;
3) transfer to a separate structural division of the employer;
4) transfer to another locality together with the employer.
2. Transfer of an employee to another job is allowed with the consent of the employee, documented by introduction of appropriate changes in the employment contract and the employer's act, except for cases provided for by this Code.
3. It is not allowed to transfer the employee to another job if there are contraindications for the employee due to the state of health, confirmed by a medical certificate.
Article 39. Transfer of an employee to another locality together with the employer
1. The employer is obliged to notify the employee in writing about the forthcoming relocation of the employer to another locality no later than one month, unless the labor, collective contract provides for a longer notice period.
2. In the event of a written refusal of an employee from transfer to another locality, together with the employer, the employment contract with the employee is terminated on the basis provided for by subparagraph 1) of paragraph 1 of Article 58 of this Code.
Article 40. Secondment of an employee to another legal entity
1. Secondment is the performance of work by an employee (seconded) in a certain specialty, qualification or position (labor function), stipulated by an employment contract, or in another position, specialty, qualification from another legal entity, with the exception of restrictions provided for by the legislation of the Republic of Kazakhstan.
In order to ensure fulfillment of certain tasks, employees may be seconded:
1) to a legal entity, shares (participation share) of which directly or indirectly belong to the legal entity from which the employee is seconded;
2) to a legal entity who directly or indirectly own the voting shares (participatory interests) of the legal entity from which the employee is seconded.
2. The list of positions and the number of seconded employees shall be established by a written agreement between legal entities, depending on the purposes of the secondment.
3. Conditions, procedure and term for secondment of an employee shall be determined by an agreement signed between legal entities and a seconded employee.
In the case of simultaneous secondment of employees of more than ten percent of the average staff number of legal entities to which employees are seconded, it is necessary to agree with representatives of employees of the legal entity to whom the employees are seconded.
The order of coordination is determined by agreement of the parties between legal entities and representatives of employees.
4. The seconded employee retains the place of work (position) at the employer who performs the secondment.
5. Secondment is allowed only with the written consent of the parties to the employment contract by signing an additional agreement to the employment contract indicating the place of work for the secondment period. At the end of the term of secondment, the employer undertakes to provide the employee with the place of work (position) that the employee held prior to secondment.
6. For the period of secondment, the employee is covered by the working hours and rest periods of the legal entity to which he is seconded, except for the duration and procedure for providing an annual paid leave.
7. In the event of a violation by a seconded employee of a labor discipline, the legal entity to which he is seconded shall notify the employer of the seconded worker within three working days with submission of supporting documents for making a decision to bring him to disciplinary liability in accordance with the labor legislation of the Republic of Kazakhstan.
8. In the event of an accident involving a seconded employee, the organization of an investigation of an accident related to work activity is entrusted to the legal entity to which the employee was seconded, with participation of the employer's representative.
Article 41. Temporary transfer to another job in case of production necessity
The employer, in the event of a production necessity, including temporary replacement of the absent employee, has the right to transfer the employee without his consent for up to three months within a calendar year to another work not specified by the employment contract and not contraindicated for him for health reasons in the same organization, in the same area or in the structural subdivision of the employer located in another locality, with payment for the work performed, but not lower than the average salary for the previous work.
In case of temporary transfer to the structural unit of the employer located in another locality, the employee receives compensation in the amounts provided for in Article 127 of this Code.
Article 42. Temporary transfer to another job in case of downtime
1. In the event of downtime, the employer has the right to transfer the employee without his consent for the whole period of downtime to another work that is not contra-indicated for the state of health.
2. In case of temporary transfer to another job in the event of a downtime, the employee is paid for the work performed.
Article 43. Temporary transfer to another job for health reasons
1. In connection with a work injury, occupational disease or other health damage resulting from performance of labor duties or other health damage that is not related to production, on the basis of a medical certificate, the employer is obliged, before restoration of work capacity or establishment of disability or establishment of a loss of professional capacity, to temporarily transfer the employee to an easier work or to release him from work on the terms stipulated in the labor, collective contracts.
2. In the case of a written refusal of an employee from a temporary transfer to an easier job in connection with a production injury, occupational disease or other damage to health, or due to deterioration of health not related to production, the employment contract with the employee is terminated on the grounds provided for in subparagraph 3) paragraph 1 of Article 58 of this Code.
Article 44. Temporary transfer of pregnant women to another job
The employer, on the basis of a medical certificate, is obliged to transfer a pregnant woman to another job, excluding the impact of harmful and (or) dangerous production factors, while preserving the average wage.
Before giving a pregnant woman another job, she is subject to exemption from work while maintaining the average wage.
In case if a pregnant woman refuses to be transferred to another job offered by the employer, she shall be released from performance of the contra-indicated work without saving wages until the granting of maternity leave.
Article 45. Moving an employee to another workplace. Change of the name of the position (work)
1. The consent of the employee is not needed to move him to another workplace or to another structural unit in the same locality, or to task him to work on another mechanism or unit within the limits of the post, specialty, profession, qualification, stipulated by the employment contract.
2. The change in the name of the position (work) of the employee, the structural unit, the change in the management structure that does not entail changes in the working conditions for the employee, may be carried out by the employer without the consent of the employee.
Article 46. Change in working conditions
1. In connection with changes in organization of production associated with reorganization or changes in economic, technological conditions, conditions of work organization and (or) reduction in the scope of work of the employer, it is allowed to change the working conditions of the employee when continuing to work in accordance with his specialty or profession, relevant qualifications. When the working conditions change, appropriate amendments and changes to the employment contract are made.
2. The employer is obliged to notify the employee in writing about changes in working conditions that occurred for the reasons specified in paragraph 1 of this article, not later than fifteen calendar days, unless the labor, collective contract provides for a longer notice period.
3. In the case of a written refusal of an employee to continue working in connection with a change in working conditions, the employment contract with the employee is terminated on the grounds provided for by subparagraph 2) of paragraph 1 of Article 58 of this Code.
In the event that the circumstances specified in paragraph 1 of this article may lead to a reduction in the staff number or staff of workers, the employer has the right to introduce a part-time work in order to save jobs.
Article 47. Labor relations with the change of the name, departmental affiliation of the employer, change of the owner of shares (participation interests) of the legal entity, reorganization of the employer - legal entity
In cases of changing the name, departmental affiliation of the employer, change of the owner of shares (participation interests) of the legal entity, reorganization of the employer - legal entity, the labor relations with employees continue unchanged.
Article 48. Suspension from work
1. In cases stipulated by the laws of the Republic of Kazakhstan, the employer is obliged to suspend the employee from work on the basis of acts of the relevant authorized state bodies.
2. In addition to the cases provided for in paragraph 1 of this article, the employer must suspend the employee from the work:
1) for being at work in a state of alcoholic, narcotic and drug abuse intoxication (its analogues) or for consuming the substances causing such intoxication during the working day;
2) if he has not passed the testing of knowledge on labor safety and protection or industrial safety;
3) for not using the means of individual and (or) collective protection provided by the employer;
4) if he has not undergone a medical examination or pre-shift medical examination, if they are mandatory in accordance with the legislation of the Republic of Kazakhstan;
5) in the event of loss of the right by the employee to drive the vehicle or other permits necessary to perform the work stipulated by the employment contract;
6) if his actions or inaction have entailed or could result in an emergency situation, a breach of the rules of labor protection, fire safety or traffic safety on transport.
3. The employer has the right to suspend an employee from work who has not ensured the safety of property and other valuables transferred to the employee on the basis of a written contract on taking full responsibility.
4. For the period of suspension from work, the employee does not receive the wages and the allowance for temporary disability is not paid at the expense of the employer.
5. Suspension of the employee from work is carried out by the employer's act for a period until clarification and (or) elimination of the reasons that served as the basis for the suspension.
6. The employee retains his wages in case of his illegal suspension from work by the employer.
Article 49. Grounds for termination of employment contract
Grounds for termination of employment contract are:
1) termination of an employment contract by agreement of the parties;
2) expiry of the term of the employment contract;
3) termination of the employment contract at the initiative of the employer;
4) in connection with the transfer of the employee to another employer;
5) termination of the employment contract at the initiative of the employee;
6) circumstances that do not depend on the will of the parties;
7) refusal of the employee to continue labor relationship;
8) the transfer of the employee to elective work (position) or his appointment to a position excluding the possibility of continuing labor relations, except for the cases provided for by laws of the Republic of Kazakhstan;
9) violation of the terms of conclusion of the employment contract.
Article 50. Procedure for termination of an employment contract by agreement of the parties
1. An employment contract may be terminated by agreement of the parties.
2. The party to the employment contract, who has expressed a desire to terminate the employment contract by agreement of the parties, sends a notice to the other party to the employment contract.
The party that received the notification is obliged within three working days to inform the other party in writing about the decision taken.
The date of termination of the employment contract by agreement of the parties is determined by agreement between the employee and the employer.
3. Under the agreement with an employee , an employment contract may provide for the employer's right to terminate an employment contract without complying with the requirements set forth in paragraph 2 of this article, with a compensation payment, the amount of which is determined by the employment contract.
Article 51. Procedure for termination of employment contract after its expiry
1. An employment contract concluded for a certain period is terminated due to the expiry of its term.
2. If, on the day of expiry of the term of the employment contract concluded for a certain period of not less than one year, a pregnant woman submits a medical report on pregnancy of twelve weeks or more, as well as an employee who has a child under the age of three, adopted the child and who wishes to use his right to the unpaid leave for childcare, will submit a written application for extension of the term of the employment contract, except for the cases of replacement of a temporarily absent employee, the employer is obliged to extend the term of the employment contract until the day of termination of the parental leave.
3. The expiration date of the employment contract concluded for the period of performance of a certain work is the day of completion of work.
4. The date of expiration of the employment contract concluded for the period of replacement of the temporarily absent employee is the date of commencement of the employee’s work, for which the place of work (position) was retained.
Article 52. Grounds for termination of an employment contract at the initiative of the employer
1. Employment contract may be terminated with the employee at the initiative of the employer in the following cases:
1) liquidation of the employer - legal entity or termination of the activity of the employer - individual;
2) reduction in the staff number or workers;
3) decrease in the volume of production, work performed and services rendered, which led to worsening of the economic state of the employer;
4) non-compliance of the employee with the position held or the work performed due to insufficient qualification, confirmed by the results of attestation;
5) a repeated failure to check the knowledge on labor safety and protection or industrial safety issues by the employee responsible for ensuring the labor safety and protection of the organization carrying out production activities;
5-1) deprivation of the qualification certificate "appraiser";
6) non-compliance of the employee with the position held or work performed due to the state of health, which prevents continuation of this work and excludes the possibility of its continuation;
7) a negative result of work during the probation period;
8) absence of an employee at work without reasonable excuse for three or more consecutive hours in a single working day (working shift);
9) finding an employee at work in a state of alcohol, narcotic, psychotropic, drug abuse intoxication (its analogues), including in cases of use the substances that cause a state of alcohol, narcotic, drug abuse intoxication (its analogues) during a working day;
10) refusal to undergo a medical examination to establish the fact of using substances causing a state of alcohol, narcotic, drug abuse intoxication, confirmed by the relevant act;
11) violation by the employee of the rules of labor protection or fire safety or traffic safety in transport, which entailed or could entail serious consequences, including industrial injuries and accidents;
12) the employee at the place of work stealing someone else's property (including small ones), deliberately destroying it or damaging it, established by a verdict or court order that entered into legal force;
13) committing the guilty actions or inaction of an employee servicing monetary or commodity values, if these actions or inaction give grounds for the loss of confidence in him by the employer;
14) committing an immoral offense by an employee performing educational functions incompatible with continuation of this work;
15) disclosure by an employee of information constituting state secrets and other secrets protected by law, which have become known to him in connection with performance of his duties;
16) a repeated non-fulfillment or repeated improper performance of labor duties without reasonable excuse by the employee, having a disciplinary sanction;
17) submission of deliberately false documents or information by the employee to the employer when entering into an employment contract or transferring to another job if the original documents or information could be grounds for refusing to conclude an employment contract or transfer to another job;
18) violation of labor duties by the head of the executive body of the employer, his deputy or the head of the employer's subdivision (branches, representative offices and other divisions of the employer, determined by the employer's act), which caused material damage to the employer;
19) termination of the employee's access to state secrets in cases established by the laws of the Republic of Kazakhstan;
20) absence of an employee from work for more than two months in a row due to temporary disability, except for cases when the employee is on maternity leave, and if the disease is included in the list of diseases for which a longer period of disability is established, approved by the authorized state body in health area.
The employee who has lost his ability to work due to an occupational injury or occupational disease, retains the place of work (position) until the ability is restored or disability is established;
21) the employee commits a corruption offense that excludes, in accordance with the enforced judicial act, the possibility of further work, except for the cases directly stipulated by the laws of the Republic of Kazakhstan;
22) continuation of the employee's participation in the strike after bringing to his attention the court's decision to recognize the strike as illegal or to suspend the strike;
23) termination of the powers of the head of the executive body, members of the collegial executive body of the legal entity, and also, in accordance with the Law of the Republic of Kazakhstan "On Joint Stock Companies", employees of the internal audit service and the corporate secretary, by decision of the owner of property of the legal entity or the person (body), authorized by the owner or an authorized body of the legal entity;
24) reaching the retirement age by the employee, established by paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan "On Pensions in the Republic of Kazakhstan", with the right of annual extension of the term of the employment contract by mutual agreement of the parties;
25) absence of an employee from work for more than one month for reasons unknown to the employer.
2. An employment contract on part-time employment may be terminated at the initiative of the employer in the event of conclusion of an employment contract with the employee for whom this work will be the main one.
Footnote. Article 52 as amended by the Law of the Republic of Kazakhstan dated 06.04.2016 № 483-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication); No. 134-VI dated 10.01.2018 (shall be enforced upon expiry of six months after its first official publication).
Article 53. Procedure for termination of an employment contract at the initiative of the employer
1. The employer, upon termination of the employment contract on the grounds provided for by subparagraphs 1) and 2) of paragraph 1 of Article 52 of this Code, is obliged to notify the employee in writing of the termination of the employment contract not less than one month to go before it, unless a longer period of notice is provided in the collective contracts. With the written consent of the employee, the termination of the employment contract may be made before the expiry of the notice period.
It is not permitted to terminate an employment contract with employees until they reach the retirement age established by the Law of the Republic of Kazakhstan "On Pensions in the Republic of Kazakhstan", which is less than two years, on the grounds provided for by subparagraphs 2) and 4) of paragraph 1 of Article 52 of this Code, without a positive decision of the commission, created from an equal number of representatives from the employer and employees.
2. If the employment contract is terminated on the basis provided for by subparagraph 3) of paragraph 1 of Article 52 of this Code, the employer is obliged to notify employees in writing about termination of the employment contract fifteen working days to go before it, unless a longer period of notice is provided in the collective contract. By agreement of the parties, the notice period may be replaced by payment of wages proportional to the unspent term. In the notification, the employer is obliged to indicate the reasons that served as the basis for termination of the employment contract.
Termination of an employment contract for this reason is possible provided that the following conditions are met simultaneously:
1) closure of the structural unit (shop, site);
2) absence of possibility of transferring the employee to another job;
3) a written notification of employees' representatives not less than one month to go before it, specifying the reasons that served as the basis for termination of the employment contract (the existence of a direct link between the economic changes in the employer and the need to terminate the employment contract).
3. Termination of an employment contract on the basis provided for by subparagraph 4) of paragraph 1 of Article 52 of this Code should be based on the decision of the attestation commission, which must include a representative of employees, unless otherwise stipulated by the laws of the Republic of Kazakhstan.
The procedure, conditions and frequency of attestation of employees are determined by the collective contract or the act of the employer.
4. Termination of an employment contract on the basis provided for by subparagraph 5) of paragraph 1 of Article 52 of this Code should be based on the decision of the examination commission, set up in the manner established by the legislation of the Republic of Kazakhstan.
5. In order to terminate an employment contract on the basis provided for in subparagraph 6) of paragraph 1 of Article 52 of this Code, the non-compliance of the employee with the position held or the work performed due to the state of health that prevents continuation of this work must be confirmed by a medical certificate in the manner established by the legislation of the Republic of Kazakhstan.
6. Termination of the employment contract on the grounds provided for by subparagraphs 8), 9), 10), 11), 12), 13), 14), 15), 16), 17) and 18) of paragraph 1 of Article 52 of this Code shall be carried out in compliance with the procedure for applying the disciplinary sanction provided for in Article 65, and the requirements of Article 66 of this Code.
7. Termination of a labour contract on the basis provided by Subparagraph 9) of Paragraph 1 of Article 52 of this Code must be confirmed by medical conclusion.
The decision to send an employee to a medical examination is made by a person authorized by the employer. In the event of an employee refusing to undergo a medical examination, an appropriate act is drawn up.
8. Termination of a labour contract on the basis provided by Subparagraph 20) of Paragraph 1 of Article 52 of this Code shall be allowed after submission of the certificate of temporary incapacity to labour by the employee.
9. Termination of a labour contract on the basis provided by Subparagraph 24) of Paragraph 1 of Article 52 of this Code shall be allowed on reaching an employee the retirement age established by Paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan "On provision of pensions in the Republic of Kazakhstan", notifying an employee after reaching him/her retirement age not less than one month before the date of termination of the labour contract and payment of compensation in the amount determined by the labour, collective contracts and (or) the employer act.
10. Termination of an employment contract on the basis provided for by subparagraph 25) of paragraph 1 of Article 52 of this Code is allowed if the employee fails to provide information on the reasons for the absence within ten calendar days from the date the employer sends the act of absence to the employee with a notification.
Footnote. Article 53 as amended by the Law of the Republic of Kazakhstan dated 06.04.2016 № 483-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication); No. 147-VІ dated 16.04.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); No. 165-VI dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 54. Limitation of possibility of termination of an employment contract at the initiative of the employer
1. It is not permitted to terminate an employment contract at the employer's initiative during the period of temporary disability and the employee's stay on leave, except for the cases provided for by subparagraphs 1), 18), 20) and 23) of paragraph 1 of Article 52 of this Code.
2. Termination of the employment contract at the initiative of the employer on the grounds provided for by subparagraphs 2) and 3) of paragraph 1 of Article 52 of this Code is not allowed with pregnant women who provided the employer with a certificate of pregnancy, women with children under the age of three, single mothers, raising a child under the age of fourteen (a disabled child under the age of eighteen), other persons raising this category of children without a mother.
Article 55. Ground and procedure for termination of an employment contract in connection with transfer of an employee to another legal entity
1. The employment contract with the employee is terminated due to his transfer to another legal entity:
1) more than fifty percent of shares (participatory interest) of which directly or indirectly belong to the employer with whom the employment contract terminates;
2) who directly or indirectly owns more than fifty percent of the shares (participatory interest) of the employer with whom the employment contract terminates;
3) more than fifty percent of the shares (participatory interest) of the said legal entity and the employer with whom the employment contract terminates, belong to one legal entity.
2. The grounds for termination of the employment contract are a written application of the employee and a written confirmation of the employment from another legal entity. The date of termination of the employment contract is determined by agreement of the parties.
Article 56. Procedure for termination of an employment contract at the initiative of the employee
1. An employee has the right, at his own initiative, to terminate an employment contract by notifying the employer in writing at least one month to go before it, except for the cases provided for in paragraph 3 of this article. In the employment contract, it is allowed to establish a longer period for the employee to notify the employer about termination of the employment contract.
2. An employment contract at the initiative of an employee may be terminated before the expiry of the notice period provided for in paragraph 1 of this article, with the written consent of the employer.
3. The employee has the right to notify the employer in writing about the failure of the employer to comply with the terms of the employment contract. If after the expiry of the seven-day period from the date of the written notification the failure to fulfill the terms of the employment contract by the employer continues, the employee has the right to terminate the employment contract by notifying the employer in writing not later than three working days to go before it.
4. During the period of notice provided for in this article, a notification may be withdrawn by agreement of the parties.
5. After the expiry of the notice period specified in this article, the employee has the right to stop work, except for cases of non-completion of the acceptance / transfer of the employer's property (documentation) through the fault of materially responsible persons. The day of termination of the employment contract with materially responsible employees is the day of completion of the acceptance and transfer of the employer's property (documentation).
Article 57. Grounds for termination of employment contract for circumstances beyond the control of the parties
1. The employment contract is subject to termination for the following circumstances beyond the control of the parties:
1) when the local executive bodies withdraw their permission to attract foreign labor or the expiry of the residence permit;
2) upon entry into legal force of a court verdict by which an employee or an employer - an individual - is sentenced to a punishment excluding the possibility of continuing labor relations;
3) in the event of the death of an employee or an employer - an individual, as well as in case of declaring an employee or an employer - individual dead or recognizing as missing by the court;
4) in case the court recognizes the employee as incapable or incapacitated, due to which the employee does not have the opportunity to continue employment relationship;
5) in case of restoration of an employee at work who previously performed this work;
6) upon admission of an employee to military service under a contract, service to law enforcement and special state bodies from the day the employee submits the relevant document not later than three days.
2. The date of termination of the employment contract on the grounds specified in subparagraphs 2), 3) and 4) of paragraph 1 of this article is the date of entry into legal force of the sentence or decision of the court, the date of death of the employee or employer - an individual.
Footnote. Article 57 as amended by the Article 204 of the Labour code of the Republic of Kazakhstan dated 23.11.2015 № 414-V (shall be enforced from 01.01.2017); as amended by the Law of the Republic of Kazakhstan dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).
Article 58. Grounds for termination of employment contract when the employee refuses to continue the employment relationship
1. An employment contract with an employee is subject to termination if the employee refuses to continue employment relationships in the following cases:
1) the employee's refusal to transfer to another locality together with the employer;
2) the employee’s refusal to continue working in connection with changes in working conditions;
3) the employee's refusal to temporary transfer to another job due to his state of health when he gets an industrial injury, occupational disease or other health damage that is not related to production in connection with performance of his duties.
2. Termination of the employment contract is allowed with a written refusal of the employee to continue the employment relationship or in the presence of an act on the absence of a written refusal of the employee.
3. Termination of the employment contract is not allowed on the grounds specified in paragraph 1 of this article during the period of temporary disability of the employee (including maternity leave) and a leave.
Article 59. Procedure for termination of an employment contract in connection with transfer of an employee to an elective work (position) or appointment to a position
An employment contract with an employee is terminated due to his / her transfer to an elective work (position) or appointment to a position, if the laws of the Republic of Kazakhstan prohibit holding of other paid positions for the persons holding such positions.
The grounds are the notification by the employee of the employer and the act of election or appointment of the employee to work (position).
Article 60. Grounds for termination of employment contract due to violation of terms of employment contract
The employment contract is subject to termination due to violation of the terms of the employment contract, if this violation excludes the possibility of continuing labor relations in cases of:
1) conclusion of an employment contract for performance of work that is contraindicated to the employee for health reasons on the basis of a medical report;
2) conclusion of an employment contract for performance of work in violation of an effective sentence or court order, by which a person is deprived of the right to hold certain positions or engage in certain activities;
3) conclusion of an employment contract with foreigners and stateless persons without obtaining qualification certificates in accordance with the established procedure for independent employment or permission to employ foreign labor or without compliance with restrictions or exemptions established by the laws of the Republic of Kazakhstan;
4) conclusion of an employment contract with a foreign employee of a state agency with violation of the requirements established by normative legal acts of the Republic of Kazakhstan;
5) conclusion of an employment contract with the persons specified in paragraph 2 of Article 26 of this Code;
6) in other cases provided for by this Code, laws of the Republic of Kazakhstan and other normative legal acts of the Republic of Kazakhstan.
Footnote. Article 60 as amended by the Article 204 of the Labour code of the Republic of Kazakhstan dated 23.11.2015 № 414-V (shall be enforced from 01.01.2017).
Article 61. Documentation of employment contract termination
1. Termination of the employment contract is documented by the employer's act, with the exception of termination of the employment contract in the event of death (declaring by the court as dead or recognition as missing) of the employer- individual and termination of the employment contract with local workers.
2. The employer's act must indicate the grounds for termination of the employment contract in accordance with this Code.
3. A copy of the employer's act on termination of the employment contract is handed to the employee or sent to him by letter with a notification within three working days from the date of issuing the employer's act.
Article 62. Issuance of documents confirming professional experience, as well as other documents related to employment
1. On the day of termination of the employment contract, the employer must issue a document confirming the employee's work activity.
2. At the request of the employee (including the former), the employer must, within five working days from the date of the application, issue a certificate indicating the specialty (qualification, position), period of work and salary, a recommendation, containing information on qualifications of the employee and his attitude to work, as well as other documents provided for by this Code.
3. In the event of liquidation, bankruptcy of the employer - legal entity, termination of the activity of the employer - individual, the employer is obliged, in the presence of debt to the employee, to issue a certificate of the amount of the arrears in wages and other payments, properly documented.
1. The labor regulations are approved by the employer.
2. The labor regulations establish working hours and rest periods for employees, conditions for ensuring labor discipline, and other issues of regulating labor relations.
Article 64. Disciplinary sanctions
1. For commission of a disciplinary offense by employee, the employer or the first head of national managing holding in the cases provided by the Laws of the Republic of Kazakhstan shall have the right to apply the following types of disciplinary sanctions:
1) a remark;
2) a reprimand;
3) a severe reprimand;
4) termination of the employment contract at the initiative of the employer on the grounds provided for by subparagraphs 8), 9), 10), 11), 12), 13), 14), 15), 16), 17) and 18) of paragraph 1 of Article 52 of this Code.
2. The use of disciplinary sanctions not provided for by this Code and other laws of the Republic of Kazakhstan is not allowed.
Footnote. Article 64 as amended by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 65. Procedure for applying disciplinary sanctions
1. Disciplinary sanction shall be imposed by employer by issuing an act of employer, with the exception of cases provided by the Laws of the Republic of Kazakhstan. Upon imposing a disciplinary sanction by the first head of national managing holding in the cases provided by the Laws of the Republic of Kazakhstan, the provisions of Articles 65 and 66 of this Code shall be applied.
2. Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, a written explanation is not provided by the employee, a corresponding act is drawn up.
An employee's failure to provide an explanation is not an obstacle to application of a disciplinary sanction.
3. For each disciplinary offense, only one disciplinary sanction may be applied against the employee.
4. The employer's act on imposing a disciplinary sanction on an employee may not be issued in the period of:
1) temporary disability of the employee;
2) the release of the employee from work for performance of the state or public duties;
3) finding an employee on vacation or rotational vacation;
4) finding an employee on a business trip.
5. The act on imposing a disciplinary sanction shall be declared to the employee subjected to disciplinary sanction against the signature within three working days from the date of its publication. In the event of an employee refusing to confirm familiarization with the employer’s act with his / her signature, an appropriate entry in the act on imposing a disciplinary sanction is made.
If it is not possible to familiarize the employee personally with the employer's act on imposing a disciplinary sanction, the employer is obliged to send a copy of the act of the disciplinary sanction to the employee with a notification within three working days from the date of issuing the employer's act.
Footnote. Article 65 as amended by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 66. Term of imposing and duration of disciplinary sanction
1. Disciplinary sanction for an employee is imposed directly upon revelation of a disciplinary offense, but not later than one month from the date of its detection, with the exception of cases stipulated by paragraph 4 of Article 65 of this Code and other laws of the Republic of Kazakhstan.
In cases stipulated in Article 176 of this Code, disciplinary sanctions shall be imposed not later than one month after the entry into legal force of the court decision on recognizing the strike as illegal.
2. A disciplinary penalty cannot be applied later than six months from the date of the commission of a disciplinary offense, and in cases established by the laws of the Republic of Kazakhstan, or the establishment of a disciplinary offense based on the results of an audit or inspection of the financial and economic activities of the employer - later than one year from the date of the employee's disciplinary offense.
3. Consideration of the issue of disciplinary liability and the course of the period for imposing a disciplinary sanction shall be suspended during the period:
1) absence of the employee at work due to temporary disability;
2) release from work for the performance of state or public duties;
3) being on vacation, business trip or inter-shift rest;
4) proceedings in a criminal case, a case of an administrative offense, as well as before the entry into force of a judicial act or an act of an official authorized to consider cases of administrative offenses affecting the decision of the issue of disciplinary liability of an employee;
5) attendance by an employee of training, retraining, refresher courses and internships;
6) the employee's judicial appeal against the employer's acts on the commission of a disciplinary offense.
4. The period of disciplinary sanction may not exceed six months from the date of its application, except for termination of the employment contract on the grounds provided for by this Code.
5. An employer who has imposed a disciplinary sanction on an employee has the right to remove it ahead of schedule by issuing an employer's act.
Footnote. Article 66 as amended by Law of the Republic of Kazakhstan No. 273-VI dated 26.11.2019 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).