Digitalization of labor relations

The Labour code of the Republic of Kazakhstan (hereinafter - the Code) introduced the concept of a single system of accounting of labour contracts is an information system designed to automate the accounting of labour contracts, employment and number of employees (sub-paragraph 35-1) p. 1 Art.1 of the Code).

Paragraph 2 of Article 23 of the Code, the obligation of the employer, supplemented by sub-paragraph 27) to provide information on the conclusion and termination of the employment contract of insertion of changes and (or) additions, containing the data provided by subparagraphs 1), 2), 3), 4), 5) and 13) of paragraph 1 of Article 28 of the Code, a single system of accounting of labour contracts in the manner specified by the authorized state body for labour.

In other words, the employer is obliged to put information about the employee's labor activity provided for in the labor contract (details of the parties, work performed by occupation, profession, qualifications or positions; place of work, terms of the labor contract, start date, working time and rest time, date of conclusion and serial number, etc.) into the unified system of accounting of labor contracts (USALC).

For registering labor contracts the employer must be registered on the Electronic Labor Exchange portal www.enbek.kz, information about the company must be confirmed by an electronic digital signature.

The employer and employee sign a labor contract on paper. The employer (HR service) registers on the Electronic Labor Exchange portal (enbek.kz) its company as an Employer.

The employer (HR service) in its personal account of the Electronic Labor Exchange portal puts data of the labor contract, signs it using an electronic digital signature (EDS of a legal entity) and sends it for registration to the Unified system of accounting of labor contracts.

The introduction of electronic labor contracts will ensure transparency of labor relations between an employee and an employer, increase the effectiveness of monitoring the compliance with labor rights, eliminate the risk of falsification of documents and speed up the employment process.

Now, according to the introduced changes, the employee is entitled to receive from the Unified accounting system of labor contracts the information about labor contract and their labor activity, and the employer has the right to obtain from the Unified accounting system of labor contracts the information about labor activity of applicants (subject to prior approval) and employees.

The conclusion of a labor contract, amendments and additions to it may be made in the form of electronic document certified by an electronic digital signature. This means that the employer can exclude the conclusion of a labor contract on paper.

To this date, 105,382 employment contracts have been registered in 2270 enterprises and organizations of the region in the pilot project on the introduction of electronic labor contracts since November 2018.

In the future, the Unified labor contract accounting system should become a master database for labor history, which will be one of the data sources for labor market Systems.

Head of Department of Control of Labor Relations, State Labour Inspectorate Administration of East Kazakhstan region G. K. Toktasynova