The law "On the Civil Service of the Republic of Kazakhstan" and the Labor Code clearly regulate the working hours and labor relations of civil servants. According to article 77 of the Labor Code, overtime work is work performed by an employee on the initiative of the employer outside the normal working hours. Involvement in such work should be carried out only with the written consent of the employee. Articles 9.10 of the Law "On Civil Service of the Republic of Kazakhstan" reflect the rights and duties of civil servants. Among them is the right to fair conditions regarding vacations, leisure time, and wages. The systematic involvement of an employee during non-working hours is considered a violation of his right to rest.
In order to involve a civil servant in overtime work, the following requirements must be met according to the basic conditions for engaging in overtime work: the employee's consent (in writing), the supervisor's order and the specific terms and nature of the work, in accordance with Article 108 of the Labor Code, additional payment or additional leave must be provided for overtime work.
Prohibited cases of overtime have also been approved. Labor legislation prohibits overtime work in the following cases: persons under the age of 18, pregnant women, persons with health restrictions based on medical results.
In some organizations, for reasons such as staff shortages, uneven workload distribution, there are cases of employees working overtime on vacation and overtime. In this case, if the employee's will and rights are not taken into account, this is considered an offense and serves as the basis for an appeal through the relevant regulatory authorities. The Agency for Civil Service Affairs and its territorial divisions is the body authorized to monitor compliance with the working hours of government agencies.
Monitoring work is carried out remotely and on-site to integrate the management and access control system with the E-kyzmet information system in accordance with the requirements of the rules for monitoring government agencies' compliance with working hours.
In terms of monitoring visits to government agencies to ensure compliance with working hours, the territorial department sent a warning letter for 2025 warning about monitoring visits to 34 government agencies.
According to the results of 6 months of 2025, the territorial department conducted 34 monitoring activities in this area. Among them, there are 13 state bodies covered by monitoring with visits, 21 state bodies covered by remote monitoring.
Despite the comments, as a result of on-site monitoring, 9 offenses were detected, and 113 offenses were detected by remote monitoring.
As a result of the monitoring work, 122 violations were identified, and the rights of 115 civil servants were restored. 609 hours of rest have been set for 115 civil servants.
Also, according to the results of 6 months of 2025, 10 violations were revealed regarding the observance by state bodies of the working hours during scheduled inspection work carried out in the direction of control in the field of public service. On this issue, rest hours of 27 hours and 15 minutes have been set for 10 civil servants.
The right of a civil servant to work time and leave is an essential element of legally protected labor law. Therefore, engaging in overtime work is a process that must be clearly regulated by law. Both the employer and the employee should be well aware of their rights and obligations. Improving the legal culture and compliance with legal requirements is an important guarantee for improving efficiency in the public service system.
Head of the Department of the Agency for Civil Service Affairs in the Mangystau region, Chairman of the Ethics Council T. Zhumagulov