What you need to know about employment contracts in ULARS

Maintaining information about employment contracts is carried out through the website https://www.enbek.kz or by integrating the employer's HR information system with the ULARS.

For the first case, it is necessary to register on the state information portal "Electronic Labor Exchange" www.enbek.kz, information about the company must be confirmed by an EDS. Electronic employment contracts are an additional option to the traditional form of an employment contract concluded in writing.

For the second case, it is necessary to organize integration work in accordance with the order of the Acting Minister of Information and Communications of the Republic of Kazakhstan dated March 29, 2018 No. 123 "On approval of the rules for the integration of informatization objects of "electronic Government".

The main advantages of ULARS are:

• simplification of the employment process due to the absence of the need to collect paper documents;
• protection from social risks by displaying the existence of a contract, contributions and deductions to the funds, as well as securing the obligations of the employer to the employee.

Contracts can be concluded in two languages: Kazakh and Russian.

An employee in the personal account of the electronic government can check the information about the current employment contract in the "Employment activity" section, where the company name, date of conclusion, contract number and position are displayed.

The employer is obliged to enter information on the conclusion and termination of an employment contract with an employee, changes and (or) additions to it, containing information, in the ULARS. 

The employer enters information into ULARS by integrating staffing with ULARS or through the state information portal "Electronic Labor Exchange" or other information systems for automating the accounting of labor contracts, integrated with EULARS: 

• on the conclusion and termination of an employment contract with an employee; 
• on the changes and (or) additions to the employment contract. 

Mandatory information on employment contracts: 

• details of the parties: IIN of the employer –natural person or BIN of the employer - legal entity, IIN of the employee;
• work in a certain specialty, profession, qualification or position (labor function);
• place of work;
• the term of the employment contract; 
• start date of work;
• date of conclusion and serial number of the contract. 

Additional information about employment contracts: 

• working hours and rest;
• about the employee's going on vacation due to pregnancy and the birth of a child (children), adoption of a newborn child (children), and on leave without pay to care for a child until he reaches the age of three years.

The information is provided by the employeror the head of the personnel department, who is entrusted with this duty by the employer's act.

Deadlines for entering information into ULARS:

- on newly concluded employment contracts - no later than 5 working days from the date of signing the employment contract by both parties;

 - valid employment contracts concluded before the introduction of the Rules (until September 17, 2020):

• for enterprises with a population of up to 2,000 people - within 1 year from the date of entry into force of the Rules (until September 17, 2021);
• for enterprises with a population of more than 2,000 people - within 2 years from the date of entry into force of the Rules (until September 17, 2022);

- on amendments and additions to the employment contract - no later than 15 calendar days from the date of signing of amendments and additions to the employment contract by both parties.

- corrects errors in case of incorrect introduction of mandatory information - within 30 working days from the date of initial information;

- deletes information if the employee and/or employer's details are entered incorrectly - within 30 working days from the date of entering the initial information;

- in case of restoration of the employee, within 10 working days from the date of his restoration - adjustments, by specifying the date, number and body that made the decision on restoration;

- on termination of the employment contract - no later than 3 working days from the date of termination of the employment contract;

- relevant information when extending the validity period of the employment contract provided for in subparagraph 2) paragraph 1 of Article 30 of the Labor Code - within 15 working days from the date of extension of the term of the employment contract.

Information from ULARS is provided to natural persons and legal entities by the authorized state body for labor, taking into account the requirements of the legislation of the Republic of Kazakhstan on personal data and their protection on the basis of a request in electronic or paper form.

There is no direct responsibility in the Code of Administrative Offenses for non-entry or untimely entry of information into ULARS.

Fulfillment of these requirements will be carried out by state labor inspectors (SLI) within the framework of state control, and, if employers fail to fulfill their obligations to enter information into the ULARS, instructions will be issued with a deadline for rectification.

In case of non-fulfillment of the SLI’s order, the materials will be sent to the judicial authorities to bring them to administrative responsibility.