One of the main principles of the labor legislation of the Republic of Kazakhstan is the prohibition of discrimination in the field of labor, forced labor and the worst forms of child labor.
In order to prevent the illegal use of child labor, the Labor Code of the Republic of Kazakhstan defines the age from which the conclusion of an employment contract is allowed.
Thus, the conclusion of an employment contract is allowed with citizens who have reached the age of 16.
At the same time, subject to the signing of an employment contract, along with a minor, one of his legal representatives, an employment contract may be concluded with:
1) citizens who have reached the age of 15, in cases where they receive basic secondary, general secondary education in a secondary education organization;
2) students who have reached the age of 14 to perform work in their free time that does not cause harm to health and does not disrupt the learning process;
3) with persons under the age of 14 in cinematography organizations, theaters, theater and concert organizations, circuses to participate in the creation and (or) performance of works without prejudice to health and moral development.
The labor legislation of the Republic of Kazakhstan provides for prohibitions and restrictions on the conclusion of an employment contract and employment in respect of persons under 18 years of age for the following types of work:
- with citizens who have not reached the age of eighteen, for hard work, work with harmful and (or) dangerous working conditions, as well as for positions and jobs that provide for full financial responsibility of the employee for failure to ensure the safety of property and other values of the employer, as well as for work that may harm their health and moral development (gambling, work in night entertainment establishments, production, transportation and trade of alcoholic beverages, tobacco products, narcotic drugs, psychotropic substances and precursors).
- prohibition of working at night (from 22.00 to 6.00 hours).
- ban on overtime work
- prohibition of work with the cumulative accounting of working hours,
- prohibition of shift work.
- a ban on part-time work.
Sending employees who have not reached the age of eighteen on a business trip is allowed, if such work is not prohibited to them for medical reasons. At the same time, employees who have not reached the age of eighteen have the right to refuse to be sent on a business trip.
The employer is obliged to prevent employees under the age of eighteen from carrying and moving heavy loads exceeding the limits set for them.
The list of jobs where the use of labor of employees under the age of eighteen is prohibited, the maximum norms for carrying and moving heavy loads by employees under the age of eighteen are approved by the Authorized State Labor Body.
The labor legislation of the Republic of Kazakhstan establishes requirements for reduced working hours for persons aged 14 to 18 years:
- for employees aged 16 to 18 years – no more than 36 hours per week.
- for employees aged 14 to 16 years – no more than 24 hours a week.
The most typical violations are non-conclusion by employers of employment contracts with children, non-payment of wages, non-compliance with the work regime, non-compliance with prohibitions and restrictions provided for by the Labor Code of the Republic of Kazakhstan when hiring minors.
For violation of the labor legislation of the Republic of Kazakhstan, including for the use of child labor, administrative liability is provided for employers in accordance with the Code of the Republic of Kazakhstan "On Administrative Offenses", namely, for admission to work of a person without an employment contract, for violation of wage requirements, for illegal excess of working hours, for allowing discrimination in the field of labor, for violating the rules of ensuring safety and labor protection.
We remind the respected Parents and Employers of the region that the State Policy of the Republic of Kazakhstan ensures respect for the rights and legitimate interests of children and does not discriminate against them. To this end, the legal basis for guaranteeing children's rights has been formed, and appropriate bodies and organizations have been created to protect the rights and legitimate interests of minors.
A significant role is played by increasing the legal culture of children and their parents.
Children are the future of any state and the main task of the state is to help our children to develop intellectually and spiritually, to find true values, to preserve honor, conscience and dignity.
We urge not to deprive children of this opportunity, because every child has the right to life, to a happy childhood!