Over the years of independence, Kazakhstan has made significant progress in the implementation of gender policy, which consists in the targeted development of women's potential, creating conditions for equal participation of both men and women in business, politics, public administration, and work, creating equal access for women to quality education and health care, as well as comprehensive protection of motherhood.
Women have equal rights with men, but at the same time they have more responsibilities that are related to the birth, upbringing of a child,maintaining everyday life and other socially important realities.
To support women in Kazakhstan, a holistic institutional system of gender and family-demographic policy has been formed, a serious legal framework has been created, and this article will address the topic of labor rights of pregnant women and young mothers.
Pregnancy is an important, beautiful and responsible period in the life of every woman. Waiting, the birth of a child in no way prevents a woman from continuing her career. Moreover, at the legislative level, the future and established mother has all the opportunities to combine her work with the joys of motherhood and feel support, both from the employer and from the state.
According to the Labor Legislation of the Republic of Kazakhstan, women are granted the following rights and restrictions.
It is not allowed to employ women for heavy work, work with harmful and (or) dangerous working conditions according to the List of jobs where the use of women's labor is prohibited (sub-paragraph 4) of paragraph 2 of Article 26 of the Labor Code of the Republic of Kazakhstan). The Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated December 8, 2015 No. 944 "On approval of the list of works in which the use of labor of employees under the age of eighteen is prohibited, the maximum standards for carrying and moving heavy loads by employees under the age of eighteen, and the list of works in which the use of women's labor is prohibited, the maximum standards for lifting and manually moving heavy loads by women" includes about 287 items in 25 subsections, where the use of women's labor is prohibited. In accordance with article 44 of the Labor Code, the employer, on the basis of a medical report, is obliged to transfer a pregnant woman to another job that excludes the impact of harmful and (or) dangerous production factors, while maintaining the average salary. Before providing a pregnant woman with another job, she is subject to exemption from work with the preservation of the average salary. If a pregnant woman refuses to transfer to another job offered by the employer, she is subject to exemption from performing contraindicated work without pay until maternity leave is granted. An employment contract concluded for a certain period of time is terminated due to the expiration of its term. However, if, on the day of the expiration of the employment contract concluded for a certain period of at least one year, a pregnant woman submits a medical report on pregnancy for a period of twelve weeks or more, as well as an employee who has a child under the age of three years, has adopted a child and wishes to use his right to leave without pay for child care, submits a written application for the extension of the employment contract, except in cases of replacement of a temporarily absent employee, then the employer is obliged to extend the term of the employment contract until the end of the child care leave (paragraphs 1 and 2 of Article 51 of the Labor Code). It is not allowed to terminate an employment contract at the initiative of the employer with pregnant women who have 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 the specified category of children without a mother on the grounds established by sub-paragraphs 2) and 3) of paragraph 1 of Article 52 (reduction of the number or staff of employees).; reduction in the volume of production, work performed and services rendered, which led to a deterioration in the economic condition of the employer) (paragraph 2 of Article 54 of the Labor Code). The employer, upon a written application of a pregnant woman, one of the parents (adoptive parent), who has a child (children) under the age of three, establishes part-time work (paragraph 3 of Article 70 of the Labor Code). The cumulative accounting of working hours is applied in continuously operating production facilities, workshops, sites and on some types of work where, according to the conditions of production (work), the daily or weekly working hours established for this category of employees cannot be observed.
The application of the cumulative accounting of working hours for pregnant women is not allowed if the duration of the working day (working shift) exceeds eight hours (paragraphs 1 and 7 of Article 75 of the Labor Code). According to paragraph 2 of Article 76 of the Labor Code, it is not allowed to involve a pregnant woman who has provided an employer with a certificate of pregnancy to work at night. Night time is considered to be from 22 to 6 hours. Article 76, paragraph 4, stipulates that an employer may not employ the following employees at night without the written consent of the following employees: 1) women with children under the age of seven, and other persons raising children under the age of seven without a mother; 2) workers raising disabled children under the age of sixteen. Pregnant women who have provided an employer with a certificate of pregnancy are not allowed to work overtime (Article 77, paragraph 3, of the Labor Code). In accordance with paragraphs 3 and 5 of Article 82 of the Labor Code, working women with children under the age of one and a half years, fathers (adoptive parents), raising children under the age of one and a half years without a mother, are provided with additional breaks for feeding the child (children) at least every three hours of work of the following duration: 1) having one child, - each break of at least thirty minutes; 2) having two or more children, - each break of at least one hour. Breaks for feeding the child (s) are included in working hours. During the breaks, women, fathers, adoptive parents (adoptive parents) keep the average salary. It is prohibited to involve pregnant women who have provided an employer with a certificate of pregnancy to work on weekends and holidays (paragraph 4 of Article 85 of the Labor Code).
It is not allowed to withdraw from the paid annual leave of an employee who has not reached the age of eighteen, pregnant women and employees engaged in heavy work, work with harmful and (or) dangerous working conditions (paragraph 4 of Article 95 of the Labor Code). According to article 99 of the Labor Code, pregnant women, women who have given birth to a child (children), women (men) who have adopted a newborn child (children) are granted the following leave in connection with the birth of a child: 1) maternity leave; 2) leave to employees who have adopted a newborn child( children); 3) leave without pay to care for a child until the child reaches the age of three years. A pregnant woman, from the date indicated in the temporary disability certificate granting the right to maternity leave, draws it up by submitting a temporary disability certificate confirming the right to this type of leave. Maternity leave is granted for a period of seventy calendar days before delivery and fifty-six (in the case of complicated childbirth or the birth of two or more children - seventy) calendar days after delivery, unless otherwise established by the laws of the Republic of Kazakhstan. The calculation of the leave is made in total, and the leave is granted to the woman completely regardless of the number of days actually used before the birth, and the length of work with the employer. Employees who have adopted a newborn child (children) are granted (to one of the parents) leave for the period from the date of adoption and until the expiration of fifty-six days from the date of birth of the child. The employer pays maternity leave, leave to employees who have adopted a newborn child (children), with the preservation of the average salary, if this is provided for by the terms of the employment and (or) collective agreement, the act of the employer, minus the amount of social payment in case of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children), carried out in accordance with the legislation of the Republic of Kazakhstan on mandatory social insurance.
State Labor Inspector Tazabekov D. Zh.