What an employer needs to know when reducing the number or staff of employees

First, you need to find out if the employee falls under the categories of workers, the reduction of which is prohibited by the Labor Code.

Those are:

• pregnant women who have provided a pregnancy certificate;
• women with children under the age of 3;
• single mothers raising a child under the age of 14 (disabled child under 18);
• other persons raising the specified category of children without a mother.

In addition, it is not allowed with employees until they reach the retirement age established by the Social Code of the Republic of Kazakhstan, who are less than 2 years old, without a positive decision of the commission created from an equal number of representatives from the employer and employees.

 

• It is necessary to notify the employee at least 1 month in advance, unless a longer notice period is stipulated in the labor or collective agreement.
• It is necessary to provide the career center (labor mobility center) in writing or through an Electronic Labor Exchange (Enbek.kz) full information about the upcoming release of employees due to a reduction in the number or staff, the number and categories of employees it may affect, indicating the positions and professions, specialties, qualifications and the amount of remuneration of the released employees and the time period during which they will be released, at least one month before the start of the release.

If all of the above conditions are met, then upon termination of the employment contract, compensation must be paid to the employee in the amount of the average monthly salary of the employee.

In addition, when considering cases on the reinstatement of persons whose employment contract has been terminated due to a reduction in the number or staff of employees, the courts are required to verify whether a reduction in the number or staff of employees has actually been made, whether the procedure for releasing employees provided for by legislative acts has been followed, and whether other persons have been hired in their place.

If the above facts are not established, the court has the right to declare the termination of the employment contract illegal.