The draft law on remote work was approved by the Majilis
Deputies of the Mazhilis at the plenary session on Wednesday approved the draft law "On Amendments and additions to the Labor Code of the Republic of Kazakhstan on improving the legal regulation of remote work".
Deputies have fixed the procedure for electing and empowering elected representatives of employees, including taking into account the possibility of using remote voting; it is possible to use an electronic document certified by an electronic digital signature when preparing notifications, explanatory documents, along with the paper form of documents.
In addition, the rules regarding the direction of a business trip of an employee engaged in remote work have been clarified. The norms in Article 138 of the Labor Code regulating remote work have been revised. So, it is established that remote work, combined remote work can be established at the initiative of the employee or the employer by agreement of the parties. At the same time, the employer provides the employee with the necessary equipment, objects of informatization by the legislation of the Republic of Kazakhstan on informatization, communication services, and other means.
The issues of finding an employee in the mode of availability for communication with the employer within working hours, in compliance with the restrictions of the daily working time, have been settled. At the same time, the employer does not have the right to require the employee to be available outside of working hours, except in certain cases provided for by the Labor Code.
As previously reported, the deputies introduced the concepts of remote and combined remote work by agreement of the parties. Combined work will allow you to alternate periods of work both at the place and outside the employer's location. In addition, when temporarily working remotely for the period of the introduction of an emergency, the announcement of an emergency, and the introduction of restrictive measures, including quarantine, the employer either provides employees with means of communication or reimburses the costs for this. That is, if the employee uses his means of communication permanently, the employer can pay compensation, the amount, procedure, and terms of which are established by agreement of the parties.
In addition, the procedure for sending civil servants, military personnel, employees of special state, and law enforcement agencies who perform official duties without entering into an employment contract is regulated by the employer's actions. The right of the employer to enter into a contract for the protection of confidential information that employees use when working remotely is enshrined. To protect the labor rights of employees, there is a provision that establishes a fixed accounting of working hours in the employment contract. Moreover, it can be traditional or flexible, but by agreement of the parties.