PRESS RELEASE
This Law regulates legal, economic and organizational relations in the field of employment of the population.
Chapter 1. GENERAL PROVISIONS
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) social workplace – a workplace created by an employer on a contractual basis with the employment center for the employment of the unemployed with subsidized wages;
2) social contract – an agreement defining the rights and obligations of the parties on participation in active measures of assistance of employment between the citizen of the Republic of Kazakhstan or oralman from among the unemployed, certain categories of employed persons, determined by the Government of the Republic of Kazakhstan, and also other persons in cases stipulated by this Law, and employment center, and in the cases stipulated by this Law natural and legal persons involved in the organization of active employment promotion measures, as well as on the provision of targeted social assistance;
3) vacancy – free workplace (position) at the employer;
4) labor market-the sphere of formation of demand and supply for labor;
5) unified information system social and labor sphere is a hardware – software complex intended for automation of activity of the authorized body on issues of employment, local employment agencies, the employment centres, the centre for development of human resources and interagency cooperation in the provision of public services in social and labor sphere;
5-1), a state Internet resource "labor Exchange" – an electronic information resource containing the unified database of the labor market functioning in the Internet which is accompanied by the center of workforce development in order to provide government measures of assistance of employment of the population;
5-2), the national forecasting system of the labor force – a set of methods and approaches to determine the forecast demand and supply of labor;
6) freely chosen employment – activities of citizens of Kazakhstan, oralmans, foreigners and persons without citizenship residing in the Republic of Kazakhstan, chosen by free disposal of their abilities to work, choice of profession and occupation;
7) wage subsidies – compensation of part of expenses of the employer on the remuneration of employees employed on social jobs by type of employment center;
7-1) employee – an individual who performs work under an employment contract or performs activities under a civil contract, in which the schedule and payment for the time worked or a unit of goods produced, or for services rendered are determined by the customer;
8) new workplace – a workplace created in connection with the creation of a new enterprise (organization), business entity (other than created by termination) or an increase in the number of employees, as well as by upgrading or changing production technologies that require new knowledge, skills and abilities of the employee;
9) youth practice – a type of work carried out by graduates of educational organizations that implement educational programs of technical and professional, post-secondary, higher and postgraduate education, in order to acquire initial work experience in the profession (specialty);
9-1) a person engaged in private practice – a private notary, a private bailiff, a lawyer and a professional mediator;
10) private employment Agency – an individual or legal entity, providing labor intermediation, registered in the order established by the legislation of the Republic of Kazakhstan;
11) labor force – employed and unemployed population;
12) persons outside the labour force - persons who are not employed or unemployed;
12-1) employed person – a natural person operating for a fee or by retrieving the income through the use of property, production and sale of goods, performing works, rendering services;
13) suitable work – work, including temporary work, corresponding to professional training, work experience and work experience in the previous specialty, health status, working hours, transport accessibility of the workplace;
14) workplace – a place of permanent or temporary residence of an employee when performing their labor duties in the course of labor activity;
15) employment – a set of organizational, economic and legal measures designed to promote employment of the population;
16) active measures of assistance of employment of the population social protection from unemployment and employment, state support of the citizens of the Republic of Kazakhstan and oralmans from among the unemployed, certain categories of employed persons, determined by the Government of the Republic of Kazakhstan, and also other persons in cases stipulated in this Law carried out in the order established by the legislation of the Republic of Kazakhstan on employment of the population;
17) employment – employment related to meeting personal and public needs, not contradicting to the legislation of the Republic of Kazakhstan, income-generating or income;
18) individual map of employment – a document which contain the personal information, employment history, and proposed outputs, objectives the promotion of employment and their execution;
19) unemployed person – a natural person engaged in search of work and are ready to start work;
20) unemployment is a socio-economic phenomenon caused by the lack of demand for a part of the labor force in the labor market;
21) social protection against unemployment – a set of measures implemented by the state in accordance with the procedure established by the legislation of the Republic of Kazakhstan on employment;
22) social payments in case of job loss – payments made by the State social insurance Fund in favor of persons registered as unemployed who are participants in the mandatory social insurance system;
23) social professional orientation – a set of interrelated activities aimed at providing practical assistance in choosing professions, changing occupation and professional development, taking into account professional knowledge, skills, interests of the individual and the needs of the labor market;
24) vocational training – training in educational organizations or training centers at employers ' organizations that have the right to educational activities, including vocational training, retraining for the purpose of obtaining new specialties (professions) and advanced training within the framework of employment promotion measures provided for by this Law;
25) internal corporate transfer - temporary, for a period determined by the labor contract but not exceeding three years, renewable for one year, the transfer of a foreigner or a stateless person employed on the position of Director, Manager or a specialist in the legal entity established in the territory of a member country of world trade organization located and operating outside the territory of the Republic of Kazakhstan, branches, subsidiaries, representative offices of this legal entity established on the territory of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan;
26) public works – types of labor activities organized by employment centers that do not require prior professional training of employees and have a socially useful orientation to provide them with temporary employment;
27) the State social insurance Fund is a legal entity making accumulation of social assignments, the purpose and implementation of social payments to participants of the obligatory social insurance system in respect of which came the case of social risk, including family members – dependants in case of loss of the breadwinner;
28) special workplaces for employment of disabled people – working areas, taking into account individual abilities of the disabled;
29) excluded By the law of the Republic of Kazakhstan dated 26.12.2018 No. 203-VI (entered into force after ten calendar days after the date of its first official publication);
30) certificate of qualification for self-employment – a document of established form, issued in the order established by the authorized body on employment issues, foreigner or a stateless person, the relevant requirements of qualification and level of education, self-employment in the Republic of Kazakhstan in the professions that are in demand in priority sectors of economy (kinds of economic activities);
30-1) independent employee – an individual who independently carries out activities for the production (sale) of goods, works and services for the purpose of generating income without state registration of their activities, with the exception of individual entrepreneurs, persons engaged in private practice, founders (participants) of a business partnership and founders, shareholders (participants) of a joint-stock company, members of a production cooperative;
31) long-term unemployment – unemployment lasting twelve months or more;
32) local body for employment – a structural division of local Executive bodies of the district, cities of regional significance, region, cities of Republican significance, the capital, which determines the directions of employment promotion based on the situation on the regional labor market;
33) authorized body on employment issues – the Central Executive body carrying out management and inter-sectoral coordination in the field of employment in accordance with the legislation of the Republic of Kazakhstan;
34) employment centre is a legal entity created by the local Executive body of district, cities of regional and Republican value, the capital in order to implement active measures to promote employment, social protection against unemployment and other measures of assistance of employment;
34-1) outsourcing of services in the field of employment of the population – a set of measures aimed at transferring services by employment centers to private employment agencies on the basis of an agreement on outsourcing of services in the field of employment of the population;
35) state Corporation "Government for citizens "(hereinafter-State Corporation) – a legal entity established by decision of the Government of the Republic of Kazakhstan for public service provision of services for issuance of technical conditions for connection to networks of natural monopolies and services of quasi-public sector entities in accordance with the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering state services for issuing technical conditions for connection to networks of natural monopolies, services of quasi-public sector entities and the results of their results to the applicant on the principle of "one window", as well as ensuring the provision of public services in electronic form, which performs state registration of rights to real estate at its location;
36) quota for attracting foreign labor – the maximum allowable amount of foreign labor allowed to be attracted by the employer for employment in the territory of the Republic of Kazakhstan;
37) permission to attract foreign labor – a document of the established form issued by the local Executive body to the employer to attract foreign labor to the Republic of Kazakhstan.
Footnote. Article 1 with amendments introduced by laws of RK from 16.04.2018 No. 147-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.05.2018 No. 156-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2018 No. 203-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2019 No. 287-VI (shall be enforced from 01.01.2020).
Article 2. The legislation of the Republic of Kazakhstan on employment of the population
Article 3. Main directions of the state policy in the sphere of employment of the population
State employment policy is aimed at ensuring full, productive and freely chosen employment and is implemented by:
1) developing the labor force and increasing its mobility;
2) ensuring equal opportunities regardless of nationality, gender, age, social status, political beliefs, attitude to religion and any other circumstances in the exercise of the right to freedom of work and free choice of occupation and profession;
3) support the labor and entrepreneurial initiatives of citizens, promote the development of their abilities to productive, creative work;
4) orientation of the education system to train personnel in accordance with the needs of the labor market and its development prospects;
5) implementation of measures that promote employment of persons who have difficulties in finding work;
6) prevention of mass and reduction of long-term unemployment;
7) compulsory social insurance in case of job loss and social protection against unemployment;
8) combining the efforts of labor market participants and coordinating their actions in the implementation of measures to promote employment;
9) organizing labor mediation through employment centers and private employment agencies;
10) protection of the domestic labor market through quotas for attracting foreign labor;
11) coordination of national measures to ensure employment of the population with measures taken by local Executive bodies;
12) coordination and regulation of the activities of state bodies for the development and implementation of measures to ensure employment of the population, and monitoring their implementation;
13) organization of international cooperation in solving employment problems of the population, including addressing issues related to labour activity of citizens of the Republic of Kazakhstan abroad and of foreigners in the territory of the Republic of Kazakhstan;
14) conduct financial, tax and investment policy, consistent with the state policy in the sphere of employment, stimulating the creation of jobs and special jobs for employment of persons with disabilities.
Article 4. Employed persons
Employed persons include:
1) employees, as well as persons who have other paid work (elected, appointed or approved);
2) individual entrepreneurs;
3) persons engaged in private practice;
4) individuals engaged in activities under a civil contract that do not belong to employees;
5) individuals who are founders (participants) of business partnerships and founders, shareholders (participants) of joint-stock companies, as well as members of production cooperatives;
6) independent employees;
7) serving in the Armed Forces, other troops and military formations, law enforcement and special state bodies of the Republic of Kazakhstan.
Footnote. Article 4 as amended By the law of the Republic of Kazakhstan dated 26.12.2018 No. 203-VI (effective ten calendar days after the date of its first official publication).
Article 5. Government measures of assistance of employment of the population
The state provides measures of assistance of employment of the population, based on:
1) freedom of choice of occupation and work;
2) protection from all forms of discrimination and equal opportunities in obtaining a profession and job, choosing employment and working conditions;
3) social protection against unemployment.
Chapter 2. STATE regulation in the field
of EMPLOYMENT
Article 6. Competence of the Government of the Republic of Kazakhstan in the field of employment regulation
government of Kazakhstan:
1) develop the main directions of state policy in the field of employment of the population and organize their implementation;
2) approves the procedure for establishing quotas for attracting foreign labor to the Republic of Kazakhstan and its distribution among the regions of the Republic of Kazakhstan;
3) performs other functions assigned to it by the Constitution of the Republic of Kazakhstan, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Article 7. Competence of the authorized body on employment issues
The authorized body on employment issues within its competence:
1) coordinates local Executive bodies, the center for the development of labor resources on employment issues;
2) implements the state policy in the field of employment;
3) develops and approves the methodology for determining the projected need for labor;
4) analyzes, forecasts the demand and supply of labor, informs the Government of the Republic of Kazakhstan about the state of the labor market;
5) develops a forecast of the economy's need for personnel and coordinates it with interested Central Executive bodies;
6) develops and approves the procedure for organizing and financing:
public works;
social jobs;
youth practice;
vocational training;
7) develops and approves the procedure for quotas of jobs for disabled people;
8) develop and approve standards for the workplace of a disabled person;
9) develop and approve the procedure for job quotas for employment:
young people who have lost or remained without parental care until the age of majority, who are graduates of educational organizations;
persons released from places of deprivation of liberty;
persons registered with the probation service;
10) develops and approves the procedure for organizing and financing measures to promote entrepreneurial initiative;
11) develop and approve the procedure for voluntary relocation of persons to increase labor mobility;
12) develop and approve the procedure and conditions of subsidizing of costs of employers creating special jobs for disabled people;
12-1) develops and approves the rules of organization and Finance outsourcing services in the field of employment;
12-2) develops and approves standard form of contract of outsourcing of services in the field of employment;
12-3) develops and approves qualification requirements for private employment agencies applying for participation in outsourcing services in the field of employment;
13) develops and approves rules for social professional orientation in coordination with the authorized body in the field of education;
14) ensures the formation of a unified information system for the social and labor sphere;
15) develops and approves forms of checklists, risk assessment criteria in accordance with the Business code of the Republic of Kazakhstan;
16) develops and approves the standard Charter of the employment center;
16-1) develops and approves the methodology for forming tariffs and the maximum level of tariffs for services in the field of employment provided at the expense of budget funds;
17) excluded By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (entered into force after ten calendar days after the date of its first official publication);
18) develops and approves model regulations on district (city) and regional commissions on employment issues;
19) develops and approves methodological recommendations for creating a map of employment in regions (districts, cities and regions);
20) develops and approves the procedure and conditions for issuing and (or) extending permits to employers to attract foreign labor, as well as for making internal corporate transfers;
21) develops and approves rules for the issuance or renewal of certificates the foreigner or the stateless person about his qualifications for self-employment, the list of priority sectors (economic activities) and the demand in careers for self-employment of foreigners and persons without citizenship;
22) developing the procedure for establishing the quotas for attracting foreign labor force to Republic of Kazakhstan and its distribution between the regions of the Republic of Kazakhstan;
23) distributes the quota limits and the procedure established by the Government of the Republic of Kazakhstan for attraction of foreign labor force to Republic of Kazakhstan between the regions, cities of Republican significance and the capital;
24) develops and approves the form of individual cards employment and the rules for its management;
25) provides electronic services using information systems in accordance with the legislation of the Republic of Kazakhstan about Informatization;
26) develop and approve model forms of the social contract;
26-1) develops and maintains a list of services offered through the outsourcing of services in the field of employment;
26-2) develops and approves rules for monitoring job creation in Central and local Executive bodies responsible for implementation of government programs, provision of information about job creation;
26-3) develop and approve rules of registration of job seekers, the unemployed and implementation of labour mediation provided by the employment centers;
26-4) develops and approves rules for the organization of maintenance and operation of the state Internet resource " labor Exchange";
26-5) develops and approves rules for the formation of a national system for workforce forecasting and use of its results;
27) exercise other powers stipulated by this Law, other 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 7 as amended by the laws of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication); 26.12.2018 No. 203-VI (effective ten calendar days after the date of its first official publication).
Article 7-1. The competence of the Central Executive bodies
Central Executive bodies responsible for the development and implementation of state and government programs monitor job creation and submit relevant information to the authorized body for employment.
Footnote. The law is supplemented by article 7-1 in accordance with the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (entered into force ten calendar days after the date of its first official publication).
Article 8. Center for workforce development
1) the provision of services to the authorized body on employment issues for:
assessing the state of the labor market, forecasting labor supply and demand;
organization of forecasting the need for personnel and development of proposals for the formation of a state order for professional training, as well as for retraining and advanced training;
monitoring the implementation of active measures to promote employment, evaluating and developing proposals for their improvement;
organization of collection of departmental statistical reports on employment, labor migration and social support of citizens;
2) support of the unified information system of the social and labor sphere, including the organization of the functioning of software and hardware and communication channels for information systems of the social and labor sphere, interaction and integration with other information systems of state bodies;
2-1) support of the state Internet resource "labor Exchange" in the manner determined by the authorized body for employment;
3) providing information and consulting services in the social and labor sphere to individuals and legal entities, taking into account the requirements of the legislation of the Republic of Kazakhstan in the field of personal data protection;
4) registration and deregistration as unemployed family members of military personnel, employees of special state and law enforcement agencies, and persons, their dependents, not engaged in labour activity in the procedure established by the authorized body on employment issues.
Footnote. Article 8 as amended by the laws of the Republic of Kazakhstan dated 30.06.2017 No. 80-VI (effective ten calendar days after the date of its first official publication); 26.12.2018 No. 203-VI (effective ten calendar days after the date of its first official publication).
Article 9. Competence of local Executive bodies
Local Executive bodies ensure the implementation of state policy in the field of employment by:
1) carrying out activities that promote employment;
2) coordinating local bodies on employment issues and providing methodological guidance to them;
3) supporting job creation through the development of entrepreneurial initiatives;
4) providing social protection to the unemployed and job seekers;
5) issuing and (or) extending permits to attract foreign labor to employers to carry out labor activities on the territory of the relevant administrative-territorial unit within the quota allocated by the authorized body for employment, or within the framework of an internal transfer outside the quota, as well as suspending and revoking these permits;
6) establishing a quota of jobs for disabled people in the amount of two to four percent of the number of jobs, excluding jobs in heavy work, work with harmful, dangerous working conditions;
7) establishment of a quota of jobs for employment of persons registered with the probation service;
8) establishment of a quota of jobs for employment of persons released from prison;
9) establishment of a quota of jobs for employment of citizens from among young people who have lost or remained without parental care until the age of majority, who are graduates of educational organizations;
10) approval of the Charter of employment centers;
10-1) approval of regulations on district (city) and regional commissions on employment;
10-2) monitoring the creation of jobs within the framework of state and government programs and submitting relevant information to the authorized body for employment;
10-3) monitoring the activities of employment centers to comply with the legislation of the Republic of Kazakhstan on employment;
11) determining localities for voluntary relocation of persons to increase labor mobility;
12) exercise in the interests of local government other powers assigned to local Executive bodies by the legislation of the Republic of Kazakhstan.
Footnote. Article 9 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Article 10. Competence of the local authority on employment issues
Local employment authority:
1) analyzes and predicts the supply and demand of the labour force, informs the local Executive bodies and the authorized body on employment issues on the state of the labor market of the region;
2) involved in the formation of the database of the unified information system social and labor sphere on the current vacancies and projected jobs created in the context of demanded professions in the projects implemented in the framework of government programs of development of territories and private sector initiatives;
3) develop social protection measures against unemployment and employment of the population, organize active measures to promote employment of the population in accordance with article 17 of this Law;
4) organize work to create special jobs for the employment of disabled people;
5) requests from the structural divisions of local Executive bodies for education, educational organizations, training centers at organizations that have the right to educational activities and carry out professional training, information about the employment of graduates, information about the professions (specialties) that are being trained, the number of trained and planned to train and graduate specialists in specific professions (specialties);
6) submit proposals to local Executive bodies to determine localities for voluntary relocation of persons in order to increase labor mobility;
7) coordinates the work of employment centers;
8) requests information from employers about the projected need for personnel;
9) monitors organizations with risks of job release and reduction;
10) registers job seekers as unemployed in accordance with article 14 of this Law.
Footnote. Article 10 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Article 11. employment Center
1) assesses the state and forecast the development of employment, informs the population about the state of the labor market;
2) implement active employment promotion measures provided for by this Law, as well as additional employment promotion measures financed from the budget;
3) registers the applicants as job seekers in accordance with article 13 of this Law;
4) accepts documents, the list of which is established by the authorized body for employment, necessary for the appointment of social benefits in case of loss of work at the expense of the State social insurance Fund, and sends them to the State Corporation;
5) provides social and professional orientation services;
6) provides assistance to job seekers and the unemployed in selecting a suitable job with mandatory notification of the availability of a suitable job when visiting or contacting them in person through information and communication technologies and (or) a mobile network subscriber device;
7) interacts with the State social insurance Fund;
8) keeps records of available jobs (vacancies);
9) maintains an individual employment card;
10) enters into social contracts;
11) has a labor intermediation to job-seekers, the unemployed and other requesting entities;
11-1) free of charge issues the certificate of registration as unemployed;
11-2) provides outsourcing services in the field of employment at the expense of budget funds in respect of registered unemployed persons without charging them for services rendered in the manner determined by the authorized body on employment issues;
11-3) performs monitoring and control over implementation of the agreement on outsourcing of services in the field of employment;
12) provides other measures to promote employment provided for by the legislation of the Republic of Kazakhstan on employment of the population.
Footnote. Article 11 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Article 11-1. The regional Commission on employment issues
Footnote. Chapter 2 is supplemented by article 11-1 in accordance with the law of the Republic of Kazakhstan dated 26.12.2018 No. 203-VI (effective ten calendar days after the date of its first official publication).
Article 11-2. District (city) Commission on employment
Footnote.
Footnote. Article 11 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Article 11-1. Regional Commission on employment
Footnote. Chapter 2 is supplemented by article 11-1 in accordance with the law of the Republic of Kazakhstan dated 26.12.2018 No. 203-VI (effective ten calendar days after the date of its first official publication).
Article 11-2. District (city) Commission on employment
Footnote. Chapter 2 is supplemented by article 11-2 in accordance with the law of the Republic of Kazakhstan dated 26.12.2018 No. 203-VI (effective ten calendar days after the date of its first official publication).
Chapter 3. UNEMPLOYMENT
Article 12. Suitable job
Transport accessibility of suitable work from the place of residence is determined by the relevant Executive body, taking into account the development of the public transport network in the area.
1) first-time job seekers (who have not previously worked) and at the same time do not have qualifications;
2) students and pupils of senior classes of secondary schools in the summer holidays;
3) persons not provided with work in connection with idle;
4) seeking to return to work after long-term (over two years) break and sent by employment centres for learning and without good reason to stop training;
5) refusing to undergo vocational training or to obtain additional education after completion of social payments in case of job loss.
Article 13. The job seeker
1) identity;
2) confirming employment (if any);
3) about education, qualification, availability of special knowledge or professional training (if any).
A person under the age of sixteen also submits a written application from one of their legal representatives.
Footnote. Article 13 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Article 14. Registration of the unemployed
The local employment Agency shall, within two working days from the date of receipt of the relevant information from the employment center, decide to register as an unemployed job seeker who has not been selected a suitable job within ten working days from the date of application, with the exception of the persons specified in paragraph 6 of this article and subparagraph 4) of paragraph 2 of article 8 of this Law.
1) under the age of sixteen;
2) those who work under an employment contract, including those who perform paid work on a full-time or part-time basis, or who have other paid work that generates earnings (income);
3) who have reached the retirement age established by paragraph 1 of article 11 of The law of the Republic of Kazakhstan "on pension provision in the Republic of Kazakhstan";
4) who have submitted documents containing deliberately false information about the absence of work and earnings (income), as well as other false information;
5) students and high school students applying for active employment promotion measures in accordance with this Law.
Footnote. C
Footnote. Article 13 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Article 14. Registration of the unemployed
The local employment Agency shall, within two working days from the date of receipt of the relevant information from the employment center, decide to register as an unemployed job seeker who has not been selected a suitable job within ten working days from the date of application, with the exception of the persons specified in paragraph 6 of this article and subparagraph 4) of paragraph 2 of article 8 of this Law.
1) under the age of sixteen;
2) those who work under an employment contract, including those who perform paid work on a full-time or part-time basis, or who have other paid work that generates earnings (income);
3) who have reached the retirement age established by paragraph 1 of article 11 of The law of the Republic of Kazakhstan "on pension provision in the Republic of Kazakhstan";
4) who have submitted documents containing deliberately false information about the absence of work and earnings (income), as well as other false information;
5) students and high school students applying for active employment promotion measures in accordance with this Law.
Footnote. Article 14 in edition of Law of RK dated 16.04.2018 No. 147-VI (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law dated 26.12.2018 No. 203-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 15. The rights and obligations of the unemployed
1) free receipt of services in the field of employment of the population from employment centers:
to find a suitable job and assist in employment, including active measures to promote employment;
consulting services;
informational;
social professional orientation in order to choose or change the type of activity (profession), as well as information about yourself contained in the unified information base of the labor market;
2) social benefits in case of job loss, if he was a participant in the compulsory social insurance system;
3) targeted social assistance in accordance with the Law of the Republic of Kazakhstan "on state targeted social assistance";
4) compulsory social health insurance.
1) comply with the requirements of this Law;
2) comply with the procedure, conditions and terms of visiting or notifying the employment center in accordance with this Law;
3) apply to the employer for employment within five working days from the date of notification by the employment center;
4) promptly, within five working days, provide the employment center with information about changes affecting the further procedure for working with the unemployed, including:
change of place of residence;
employment for permanent, temporary work, work under civil contracts;
business activity;
Foundation (co-Foundation) in an organization, regardless of its legal form and form of ownership;
establishment or change of a disability group;
assignment of pension payments.
Footnote. Article 15 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Article 16. deregistration of the unemployed
1) rejection of three proposed by the employment center options suitable work or late notification of employment center, and in rural settlements – akim of settlement, village, rural district of the acceptance or rejection of the proposed variants of suitable work;
2) non-appearance without valid reasons:
within five working days from the date of notification by the employment center at the place of proposed employment or training;
within three working days as a call-center employment on participation in active measures of assistance of employment;
abandonment of participation in active interaction measures of employment;
3) violations of unemployed without good reason, dates or notification of the employment center under this Law;
4) condemnation of the unemployed to punishment in form of imprisonment or referral to treatment by a legally valid decision of the court;
5) provided for in subparagraph 4) of paragraph 2 of article 15;
6) providing knowingly false or forged documents.
Footnote. Article 16 as amended by the laws of the Republic of Kazakhstan dated 30.06.2017 No. 80-VI (effective ten calendar days after the date of its first official publication); 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Chapter 4. SOCIAL PROTECTION FROM UNEMPLOYMENT
Article 17. Social protection measures against unemployment
1) carrying out social and professional orientation;
2) labour intermediation;
3) active measures of employment;
4) provision of social assistance to the unemployed;
5) the establishment of quotas for employment of certain categories of citizens.
1) referral to professional training;
2) promotion of entrepreneurial initiative of citizens and oralmans;
3) referral to youth practice;
4) organization of social jobs;
5) promotion of voluntary relocation to increase labor mobility;
6) organization of special jobs for the employment of disabled people;
7) public works.
Persons from the age of sixteen to the retirement age established by paragraph 1 of article 11 Of the law of the Republic of Kazakhstan "on pension provision in the Republic of Kazakhstan"have the right to take part in active measures to promote employment.
1) social payments in case of job loss to the unemployed who are participants of the compulsory social insurance system;
2) provision of targeted social assistance on the terms and in the amount provided by the Law of the Republic of Kazakhstan "on state targeted social assistance";
3) providing medical assistance to unemployed persons who are participants in the system of compulsory social health insurance, on the terms and in the manner provided for by the Law of the Republic of Kazakhstan "on compulsory social health insurance".
1) persons with disabilities who do not have medical contraindications for work;
2) young people who have lost or remained without parental care until the age of majority, who are graduates of educational organizations;
3) persons released from places of deprivation of liberty;
4) persons registered with the probation service.
Article 18. Social vocational orientation
1) professional information about employment, the state of the labor market, employment opportunities in the existing profession (specialty) or professional training;
2) professional advice on the choice of employment and profession based on the individual psychological characteristics of the person, the characteristics of life situations, professional knowledge, skills, personal interests, health status and needs of the labor market;
3) professional selection by determining whether a person meets the qualification requirements defined for specific types of profession (specialty) and positions.
Footnote. Article 18 as amended by the laws of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication); 26.12.2018 No. 203-VI (effective ten calendar days after the date of its first official publication).
Article 19. Vocational training
1) it is impossible to find a suitable job due to the lack of necessary professional qualifications;
2) it is necessary to change the profession( specialty), occupation due to the lack of work that meets professional skills;
3) lost the ability to perform work in the previous profession.
1) the job seekers;
2) the unemployed;
3) working under an employment contract.
1) persons with disabilities;
2) parents, adoptive parents, guardians (Trustees) raising children with disabilities;
3) unemployed persons registered at the employment center for more than six months;
4) persons who are looking for work for the first time (who have not previously worked) and do not have qualifications;
5) persons released from places of deprivation of liberty and (or) who have undergone compulsory treatment.
Footnote. Article 19 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Article 20. Organization of a social workplace
1) pupils of children's villages and graduates of orphanages, boarding schools for orphans and children left without parental care, aged from sixteen to twenty-three years;
2) persons of pre-retirement age (two years before retirement);
3) disabled people;
4) persons released from places of deprivation of liberty and (or) undergoing compulsory treatment;
5) persons registered with the probation service;
6) single parents with many children raising minor children;
7) persons caring for children under the age of seven, a disabled child, disabled people of the first and second groups;
8) oralmans;
9) persons who suffered as a result of an act of terrorism and those who participated in its suppression.
1) the demand and supply for the organization of social jobs are determined;
2) approve the list of organizations in the regions that have submitted an application for the creation of social jobs, the number of jobs organized and specific working conditions, the amount of remuneration and sources of their financing.
Footnote. Article 20 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Article 21. organization of youth practice
1) form the supply and demand for youth internship;
2) determine the list of organizations in the region to submit an application for the organization of youth practice, the number of involved unemployed from among graduates of educational institutions, conditions and payment for their work and funding sources.
The created jobs must correspond to the profession (specialty) received by the graduate of the educational organization.
4-1. Persons who voluntarily, without a valid reason, stopped participating in youth practice are removed from the register as unemployed and can re-participate in active employment promotion measures only after three months from the date of re-registration as unemployed.
Footnote. Article 21 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Article 22. Organization of public works
1) the unemployed;
2) students and students of senior classes of General education schools in their free time in work that does not cause harm to health and does not disrupt the learning process;
3) persons who are not provided with work due to downtime.
Priority right to participate in public works is enjoyed by:
1) unemployed persons who do not receive social benefits in case of job loss;
2) unemployed persons registered in employment centers for more than six months.
Participation of persons in public works is carried out with their consent in the order of priority according to the date of their registration as unemployed.
3-1. Local employment agencies approve the list of organizations in the regions that have submitted an application for public works, the number of jobs organized, the types, volumes and specific conditions of public works, the amount of remuneration for participants and sources of funding.
Footnote. Article 22 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective upon expiration of ten calendar days after the date of its first official publication).
Article 23. Promotion of entrepreneurial initiative
1) persons living in rural areas, mono-and small towns;
2) disabled if according to medical opinion, the condition of their health does not prevent the performance of work or does not threaten their health and (or) the safety of other persons;
3) persons over fifty years old to retirement age;
4) young people under twenty-nine years of age.
Footnote. Article 23 as amended By the law of the Republic of Kazakhstan dated 26.12.2018 No. 203-VI (effective ten calendar days after the date of its first official publication).
Article 24. Promotion of voluntary relocation to increase labor mobility
1) within one region-from villages with low economic potential to cities of regional (district) significance, if it is possible to allocate housing from the state housing Fund and find permanent employment;
2) to the regions determined by the Government of the Republic of Kazakhstan, within the framework of regional quotas for the reception of migrants and oralmans in accordance with the Law of the Republic of Kazakhstan "on population migration", as well as government employment programs that provide for voluntary resettlement.
1) job seekers;
2) the unemployed;
3) certain categories of employed persons determined by the Government of the Republic of Kazakhstan.
1) children's villages and graduates of children's homes, boarding schools for orphans and children left without parental care, aged from sixteen to twenty-three years;
2) repatriates relocating to the regions determined by the Government of the Republic of Kazakhstan;
3) graduates of institutions of secondary, technical and professional, postsecondary, higher and postgraduate education;
4) individuals released in connection with the liquidation of the employer – legal person or termination of activity of the employer physical person, reduction of number or staff of workers, decreased volume of production and executed works and services, leading to the deterioration of the economic condition of the employer.
1) providing individuals and their families grants for relocation and reimbursement for hiring (rent) of housing and payment of utilities, except when the relocation of the employee at the expense of means of the employer;
2) the provision of dwellings, service dwellings or rooms in the dorms, except when the employer provides the employee with housing;
3) professional training in the presence of the needs of the employer;
4) employment assistance at the new place of residence.
Footnote. Article 24 as amended by the laws of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication); 26.12.2018 No. 203-VI (effective ten calendar days after the date of its first official publication).
Article 25. Organization of special workplaces for employment of disabled people
Article 26. Organization of social payments in case of job loss
The state social insurance Fund, based on the information provided for in part one of this paragraph, shall terminate social payments in the event of loss of employment in the manner and under the conditions provided for by the legislation of the Republic of Kazakhstan on compulsory social insurance.
Footnote. Article 26 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Article 27. Quotas of jobs for employment of certain categories of citizens
1) persons with disabilities in the amount of two to four percent of the number of jobs without taking into account jobs in heavy work, work with harmful or dangerous working conditions in accordance with the procedure determined by the authorized body for employment;
2) persons registered with the probation service;
3) persons released from prison;
4) young people who have lost or remained without parental care until they reach adulthood and are graduates of educational organizations.
Chapter 5. ORGANIZATION of SOCIAL PARTNERSHIP in the field OF
POPULATION EMPLOYMENT
Article 28. The involvement of employers in providing employment
1) assist in employment subject to the conditions of employment contracts and collective agreements in accordance with labor legislation of the Republic of Kazakhstan;
2) development of a system of professional staff training;
3) training of personnel through educational organizations that implement training programs for technical and professional, post-secondary, higher and postgraduate education;
4) preserving and rational use of the personnel potential of qualified employees in the course of structural changes;
5) providing jobs for organizing public works, social jobs and youth practice;
6) admission to the available vacancies of persons who have applied for employment, including those sent by the employment center of the population, as well as by a private employment Agency, in accordance with the qualification requirements established in organizations;
7) creating special jobs for the employment of disabled people;
8) providing current vacancies and data on projected job creation in the context of popular specialties in a single information base of the labor market, including through the state Internet resource " labor Exchange";
9) the creation of jobs.
1) send to the employment center in writing or via the state Internet resource "labor Exchange" information on the availability of vacant jobs (vacant positions) within five working days from the date of their appearance, indicating the working conditions and payment, with the exception of vacant positions of civil servants, elected public positions, deputies of Parliament and maslikhats, judges of the Republic of Kazakhstan, persons in military service, employees of special state, law enforcement agencies and the state courier service, employees of the National Bank of the Republic of Kazakhstan and its departments, the authorized body for regulation, control and supervision of the financial market and financial organizations;
2) provide the employment center of the population in writing or through the state Internet resource "labor Exchange" in full information about the upcoming release of employees in connection with the termination of the activities of the individual employer or the liquidation of the employer – legal entity, reduction in the number or staff, reduction in the volume of production and performed works and services that led to a deterioration in the economic condition of the employer, the number and categories of employees that it may affect, indicating the positions and professions, specialties, qualifications and remuneration of employees released and the terms during which they will be released, at least one month before the start of the release;
3) reimburse the expenses of the employment center for professional training, scholarships and material assistance to the participant of active employment promotion measures in case of refusal to hire him after professional training on the basis of a social contract concluded with the participation of the employer, except for cases of refusal in the event of liquidation of the employer-legal entity or termination of the employer's activity – individuals, reduction of number or staff of workers, reducing the volume of production and executed works and services, leading to the deterioration of the economic condition of the employer;
4) promptly (within five working days from the date of employment) to notify the employment center in writing or through public Internet resource "job market" of employment or denial of employment;
5) excluded By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (entered into force after ten calendar days after the date of its first official publication);
6) run the quota provided for by paragraph 1 of article 27 of this Law, except cases of liquidation of the employer – legal person or termination of the employer – physical person, reduction of number or staff of workers, reduced production, performed works and rendered services, leading to the deterioration of the economic condition of the employer;
7) to prevent the information on vacancies for employment discriminatory requirements in employment;
8) ensure that the attracted foreign employee leaves the Republic of Kazakhstan in connection with the termination of the permit to attract foreign labor;
9) make social contributions in accordance with the legislation of the Republic of Kazakhstan on mandatory social insurance;
9-1) calculate (withhold) and transfer deductions and (or) contributions of employees in accordance with the legislation of the Republic of Kazakhstan on mandatory social health insurance;
10) provide information to the authorized body for employment of the population on the employment of foreigners or stateless persons attracted on the basis of a certificate of compliance with qualifications for self-employment, and (or) termination of employment relations with them.
1) to employ persons who have directly applied to it, on equal terms with persons sent by employment centers, as well as private employment agencies;
2) receive free information about the state of the labor market from employment centers;
3) receive services from the employment center for the selection and placement of job seekers;
4) take part in the organization of public works, social jobs, youth practice, organize and carry out other types of temporary work;
5) receive a subsidy for the creation of special jobs for the employment of disabled people;
6) participate in the organization of forecasting and determining the need for personnel by industry.
Footnote. Article 28 as amended by the laws of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication); 03.07.2019 No. 262-VI (effective from 01.01.2020).
Article 29. Participation of trade unions in employment
1) implementation of measures to ensure employment of the population;
2) development of normative legal acts on employment of the population.
Chapter 6. LABOR MEDIATION
Article 30. The provision of labor intermediation
Information on contract outsourcing services in the field of employment is the employment center at the state Internet resource "job market" within ten working days from the date of its conclusion.
Private employment agencies applying for participation in outsourcing services in the field of employment of the population must have the appropriate experience, material and labor resources sufficient to fulfill the obligations under the contract on outsourcing services in the field of employment of the population.
Footnote. Article 30 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Article 31. Recruitment Agency
1) advise applicants on the issues of labor legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on employment;
2) provide information on employment opportunities and labor mediation services;
3) generate information about employers who have vacancies and persons who want to find a job;
4) select employees based on their compliance with the employer's qualification requirements;
5) recruit employees for employment from one country to another in the presence of international agreements;
6) organize professional training and retraining of applicants with subsequent employment;
7) issue permits for export in the case of employment of persons abroad;
8) participate in competitions for social professional orientation of persons directed by employment centers to active measures to promote employment;
9) receive free information about the state of the labor market from employment centers;
10) interact with government agencies, employment centers, employers on employment, job creation, vocational training;
11) participate in outsourcing services in the field of employment in accordance with the legislation of the Republic of Kazakhstan on employment.
1) avoid any form of discrimination;
2) ensure the confidentiality of information received from applicants;
3) prevent the exploitation of child labor, recruitment of people for sexual and (or) other exploitation;
4) conclude contracts with applicants for the provision of labor mediation services;
5) quarterly provide the employment center of the population in writing or through the state Internet resource "labor Exchange" information on the number of persons who applied for labor mediation and employed, by profession (specialty);
5-1) monthly provide the employment center with information on the implementation of the contract on outsourcing services in the field of employment;
6) participate in the formation of a unified information base of the labor market.
The export of labor from the Republic of Kazakhstan abroad is carried out only if the private employment Agency guarantees the return of the employee after the expiration of the contract to their country by making a guarantee fee in the name of the employee to the banks of the country of employment.
When exporting labor from the Republic of Kazakhstan abroad, the procedure and conditions for making a guarantee payment to banks by a foreign employer are regulated by the legislation of the country of employment.
Footnote. Article 31 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Chapter 7. THE USE OF LABOUR OF FOREIGNERS IN THE REPUBLIC OF
KAZAKHSTAN
Article 32. The quota for attracting foreign labor force
1) working in Autonomous educational organizations, their organizations, as well as in the "Nazarbayev Fund" as managers and specialists with higher education;
2) working in state bodies with confirmed documents in accordance with the procedure established by the Government of the Republic of Kazakhstan;
3) working in organizations of the Republic of Kazakhstan that have concluded investment contracts for the implementation of an investment priority project in accordance with the legislation of the Republic of Kazakhstan on investments, as well as working in organizations engaged by these legal entities (or their contractors) as a General contractor, contractor, subcontractor or service provider in the field of architectural, urban planning and construction activities (including survey and design activities, engineering services), for a period up to one year after the object of investment activity is put into operation as managers and specialists with higher education, as well as as qualified workers according to the list of professions and the number determined in investment contracts for the implementation of the investment priority project;
4) excluded By the law of the Republic of Kazakhstan dated 03.04.2019 No. 243-VI (entered into force after ten calendar days after the date of its first official publication);
5) excluded By the law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (effective from 01.01.2018);
6) excluded By the law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (effective from 01.01.2018);
7) working in legal entities that are participants of special economic zones with projects worth more than one million monthly calculation indices, as well as in organizations engaged by the specified participants of special economic zones (or their contractors) as a General contractor, contractor, subcontractor or service provider during the period of construction and installation works on the territory of special economic zones and before the expiration of one year after the object (objects) is put into operation according to the list of categories and number of employees, determined by the Commission from representatives of authorized body on employment issues, interested Central state bodies in the manner approved by the joint decision of the authorized body on employment issues and the Central Executive body performing state regulation in the sphere of creation, functioning and abolition of special economic and industrial zones;
8) arriving for self-employment in professions that are in demand in priority sectors of economy (kinds of economic activities);
9) permanently residing in the Republic of Kazakhstan;
10) working as the first heads of branches or representative offices of foreign legal entities;
11) provided for by the list of persons determined by the Government of the Republic of Kazakhstan, who do not require permission from local Executive bodies to attract foreign labor for employment;
12) working in the international technology Park "Astana Hub" or at the participants of the international technology Park "Astana Hub" as managers and specialists with higher education.
1) a quota for attracting foreign labor by type of economic activity;
2) a quota for attracting foreign labor by country of origin in the presence of international agreements on cooperation in the field of labor migration and social protection of migrant workers ratified by the Republic of Kazakhstan;
3) a quota for attracting labor immigrants.
Footnote. Article 32 as amended by the laws of the Republic of Kazakhstan from 25.12.2017 No. 122-VI (effective from 01.01.2018); from 16.04.2018 No. 147-VI (effective after ten calendar days after the day of its first official publication); from 04.07.2018 No. 174-VI (effective after ten calendar days after the day of its first official publication); from 03.04.2019 No. 243-VI (effective after ten calendar days after the day of its first official publication).
Article 33. Attracting foreign labor by employers
The provision of this paragraph regarding payment of the fee for issuing and (or) extending a permit to employers to attract foreign labor does not apply to foreigners and stateless persons working within the framework of internal corporate transfer.
Footnote. Article 33 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Article 34. Employment by foreigners or stateless persons in the framework of self-employment
3.to obtain a certificate of compliance with the qualification for self-employment, a foreigner or a stateless person submits an application for self-employment in the Republic of Kazakhstan to foreign institutions of the Republic of Kazakhstan, which is forwarded to the authorized body for employment.
If a foreigner or a stateless person is located in the Republic of Kazakhstan, in order to obtain a certificate of compliance with the qualification for self-employment, the foreigner or a stateless person applies to the authorized body for employment with an application for self-employment in the Republic of Kazakhstan.
In case of self-employment in the Republic of Kazakhstan, within three months from the date of issuance of the certificate for self-employment, a foreigner or a stateless person applies to the authorized body for employment to extend the certificate for the duration of the employment contract, but not more than three years.
Footnote. Article 34 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Article 35. The implementation of foreigners or persons without citizenship of labour activity in the framework of intra-corporate transfer
1) the country and organization from which foreigners or stateless persons are attracted;
2) the number of foreigners or stateless persons involved, indicating the last name, first name, patronymic (if it is indicated in the identity documents), the level of education, qualification, profession and work experience of each;
3) the period of employment.
Chapter 8. STATE CONTROL over COMPLIANCE with the LEGISLATION of the REPUBLIC of KAZAKHSTAN on EMPLOYMENT and REPORTING in the field of EMPLOYMENT
Footnote. Title of Chapter 8 as amended By the law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (effective ten calendar days after the date of its first official publication).
Article 36. State control over compliance with the legislation of the Republic of Kazakhstan on employment
State control over compliance with the legislation of the Republic of Kazakhstan on employment of the population is carried out by the authorized body for employment and local Executive bodies in the form of verification and preventive control in accordance with the Business code of the Republic of Kazakhstan.
Footnote. Article 36 as amended By the law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (effective ten calendar days after the date of its first official publication).
Article 37. Departmental statistical monitoring of employment
Footnote. Article 37 as amended By the law of the Republic of Kazakhstan dated 16.04.2018 No. 147-VI (effective ten calendar days after the date of its first official publication).
Chapter 9. FINAL PROVISIONS
Article 38. Responsibility for violation of the legislation of the Republic of Kazakhstan on employment
Individuals and legal entities that violate the legislation of the Republic of Kazakhstan on employment are liable in accordance with the laws of the Republic of Kazakhstan.
Article 39.
1) sub-paragraph 30) of article 1, sub-paragraph 2) of article 6, sub-paragraphs 20), 21), 22) and 23) of article 7, sub-paragraph 5) of article 9, paragraph 3 of article 31, article 32, article 33, article 34 and article 35, which are effective from 1 January 2017;
2) sub-paragraph 4) of paragraph 1 of article 15, sub-paragraph 3) of paragraph 3 of article 17, which enter into force on July 1, 2017;
3) subparagraph 4) of article 10, subparagraph 6) of paragraph 2 and subparagraph 2) of paragraph 3 of article 17, article 25, subparagraph 7) of paragraph 1 and subparagraph 5) of paragraph 3 of article 28, which entered into force on 1 January 2018.
President
of the Republic of Kazakhstan N. NAZARBAYEV