Topic: «Some issues in the field of labour relations with minors».

1. At what age can an employment contract be concluded?

Conclusion of an employment contract is allowed with citizens who have reached the age of sixteen.

At the same time, it is possible to conclude an employment contract with minors under the age of sixteen in the following cases:

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 in their free time that does not cause harm to health and does not disrupt the learning process. Along with the minor, the employment contract must be signed by one of his legal representatives;

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 (Article 31 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V).

2. What is the duration of working hours for minors?

For employees who have not reached the age of eighteen, the reduced working hours are established:

1) for employees aged from fourteen to sixteen - not more than 24 hours per week;

2) for employees aged from sixteen to eighteen - not more than 36 hours per week (paragraph 1 of Article 69 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 № 414-V).

3. Is it possible for a minor to work at night?

The night time is considered to be the time from 22.00 to 06.00. Employees under the age of eighteen are not allowed to work at night (paragraphs 1,2 of Article 76 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 № 414-V).

4. Are minors allowed to work part-time?

It is not allowed to employ for part-time employees who have not reached the age of eighteen, and employees engaged in heavy work, work with harmful and (or) dangerous working conditions, with the exception of medical employees (subparagraph 5) of paragraph 2 of Article 26 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 № 414-V).

Part-time work is the performance by an employee of another regular paid work in accordance with the terms of the employment contract in his free time from his main job (subparagraph 56) of paragraph 1 of Article 1 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 № 414-V).

5. What is not allowed in the employment of a minor employee?

Overtime work is defined as 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) (subparagraph 80) of paragraph 1 of Article 1 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 № 414-V).

Employees under the age of eighteen are not allowed to work overtime (subparagraph 2) of paragraph 3 of Article 77 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 № 414-V).

Also, it is not allowed to recall from a paid annual work leave of an employee under the age of eighteen, pregnant women who have provided the employer with a certificate of pregnancy, and employees engaged in hard work, work with harmful and (or) dangerous working conditions (paragraph 4 of Article 95 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 № 414-V).

6. 6. Are minor employees sent on business trips?

Sending of employees for a business trip under the age of eighteen, pregnant women, as well as disabled employees, is allowed if such work is not prohibited to them for medical reasons. At the same time, these employees have the right to refuse to be sent on a business trip (paragraph 4 of Article 127 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 № 414-V).

7. Can minors work on a rotational basis?

Rotational work is a special form of the labor process outside the place of permanent residence of employees, when their daily return to their permanent place of residence cannot be ensured (paragraph 1 of Article 135 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 № 414-V).

Employees under age of eighteen, pregnant women with a pregnancy period of twelve weeks or more, who have provided certificates of pregnancy, disabled persons of the first group from the day of providing a medical report, shall not be allowed to work on a shift basis. Other employees may be engaged in work performed by the shift method, if such work is not contraindicated on the basis of medical opinions (paragraph 3 of Article 135 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 № 414-V).

8. 8. In what cases is it impossible to conclude an employment contract with minor citizens?

It is not allowed to enter into an employment contract 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) (subparagraph 2) of paragraph 1 of Article 26 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015 № 414-V).

9. What is the responsibility for allowing a minor to work without an employment contract?

The employer's admission to work of a person without concluding of an employment contract shall  entail a fine on officials in amount of thirty, on subjects of small entrepreneurship or non-profit organizations - in amount of sixty, on subjects of medium entrepreneurship - in amount of eighty, on subjects of large entrepreneurship - in amount of one hundred and fifty monthly calculation indices (paragraph 1 of Article 86 of the Code of the Republic of Kazakhstan on Administrative Infractions, dated June 5, 2014 № 235-V).

10. 10. What is the responsibility for exceeding the norm of working time?

Illegal exceeding by the employer or the host party of the normal and reduced working hours and daily work (work shift) provided by the labor legislation of the Republic of Kazakhstan shall entail a warning.

Illegal exceeding by the employer or the host party of the normal and reduced working hours and daily work (work shift) provided by the labor legislation of the Republic of Kazakhstan committed repeatedly within a year after the warning shall entail a fine on officials in amount of forty, on subjects of small entrepreneurship or non-profit organizations – in amount of sixty, on subjects of medium entrepreneurship – in amount of eighty, on subjects of large entrepreneurship – in amount of one hundred and twenty monthly calculation indices (Article 89 of the Code of the Republic of Kazakhstan on Administrative Infractions, dated June 5, 2014 № 235-V).