EMPLOYMENT LAW

An employment contract must be made in writing, in at least two counterparts, and signed by both parties; one counterpart is handed to the employee against signature. Where an employee is actually admitted to work with the employer's knowledge or on its instruction, the employment relationship is deemed to have arisen and the employer must formalise the contract properly. The absence of a written contract is a separate offence carrying an administrative fine, and in a dispute any unproven terms — pay, duration, job function — are normally construed by the court in the employee's favour.

Legal basisArt. 33 of the Labour Code of the RK; Art. 86 of the Code of Administrative Offences of the RK

The contract must set out the parties' details, the place of work, the job function (position, speciality, qualification), its term, the start date, working time and rest time arrangements, the amount and other terms of remuneration, a description of working conditions and guarantees for work in harmful or hazardous conditions, the rights and obligations of the parties, the procedure for amendment and termination, guarantees and compensation, and the parties' liability. Omission of a mandatory term does not invalidate the contract as a whole but must be remedied by a supplementary agreement.

Legal basisArt. 28 of the Labour Code of the RK

A contract is concluded either for an indefinite term, or for a fixed term of not less than one year, or for the duration of a specific task, for the period of replacement of a temporarily absent employee, or for seasonal work. The one-year minimum does not apply in the cases expressly listed in the law. If the employment relationship in fact continues after the term expires, and likewise upon repeated extension of a fixed-term contract, the contract is deemed to be concluded for an indefinite term.

Legal basisArt. 30 of the Labour Code of the RK

A probation period may be established only when the contract is concluded and may not exceed three months; for heads of organisations and their deputies, chief accountants and their deputies, and heads of branches and representative offices it may be up to six months. Periods of temporary incapacity for work and absence from work are not counted towards the probation period. Probation may not be applied to, among others, persons appointed through a competitive selection, graduates taking up their first position in their speciality, persons with disabilities and minors.

Legal basisArts. 35–37 of the Labour Code of the RK

Termination is possible only before the probation period expires: the employer must notify the employee in writing, stating the grounds on which the result of the probation was assessed as unsatisfactory. Those grounds must be supported by documents — assignments, appraisal sheets, internal memoranda, reports. If the probation period has expired and no notice has been served, the employee is deemed to have passed probation and can no longer be dismissed on that ground.

Legal basisArts. 36–37 of the Labour Code of the RK

Normal working time may not exceed 40 hours per week; reduced working time is prescribed for certain categories, including minors, employees working in harmful conditions, and persons with disabilities of groups I and II. The statutory norm cannot be increased, but overtime is permitted within statutory limits, and a summarised recording of working time may be applied, under which the norm is observed on average over the accounting period.

Legal basisArts. 68, 69, 71, 75 of the Labour Code of the RK

Overtime may not exceed two hours in any twenty-four-hour period (one hour for heavy, harmful or hazardous work), 12 hours per month and 120 hours per year. Overtime is paid at not less than one and a half times the daily or hourly rate. Pregnant women, employees under 18 and other categories expressly listed in the law may not be required to work overtime.

Legal basisArts. 78, 108 of the Labour Code of the RK

Work on a public holiday or a day off is paid at not less than one and a half times the daily or hourly rate; by agreement of the parties the employee may be given another day of rest instead of increased pay. Night-time is the period from 22:00 to 06:00, and each hour of such work is paid at not less than one and a half times the rate. Work on days off and public holidays is arranged by an act of the employer.

Legal basisArts. 85, 109, 110 of the Labour Code of the RK

The basic paid annual leave is not less than 24 calendar days, unless a longer period is established by law or by the employment or collective agreement. The right to take leave for the first year of work arises after six months of work, but by agreement of the parties leave may be granted earlier. Certain categories — employees in harmful conditions, persons with disabilities and minors — are entitled to additional paid leave.

Legal basisArts. 88–91 of the Labour Code of the RK

On termination of the employment contract the employee is paid compensation for all unused days of paid annual leave, irrespective of the ground for dismissal and without any limit on the number of accrued years. The calculation is based on average earnings; the final settlement must be made no later than three working days after termination.

Legal basisArts. 96, 113 of the Labour Code of the RK

The list of grounds is exhaustive and includes, in particular, liquidation of the employer, reduction of headcount or staff, a decline in the volume of production, works or services, unsuitability for the position established by appraisal or by state of health, absence from work for more than three consecutive hours during one shift without valid reason, being at work while intoxicated, theft of another's property, repeated failure to perform duties while a disciplinary sanction is in force, and disclosure of information protected by law. The list cannot be extended by contract.

Legal basisArt. 52 of the Labour Code of the RK

The employee must be given written notice at least one month in advance, unless a longer period is provided for by the employment or collective agreement; where the volume of production declines, the notice period is at least 15 working days. On liquidation of the employer and on reduction of headcount or staff, compensation equal to one month's average wage is payable; in cases of a decline in production volume, two months' average wage. The final settlement and compensation for unused leave are payable in addition.

Legal basisArts. 53, 131 of the Labour Code of the RK

The employee must give the employer written notice at least one month in advance; by agreement of the parties the contract may be terminated earlier. If the employer fails to comply with the terms of the contract — for example, by delaying wages — the employee may terminate the contract on not less than three working days' written notice, having first served a notice of the breach. Before the notice period expires the employee may withdraw the resignation, unless another employee has been invited to take the position in writing.

Legal basisArt. 56 of the Labour Code of the RK

Mutual agreement is a separate statutory ground under which the date of termination and the terms, including any severance payment, are set out in a written agreement and no one-month notice period is required. Such an agreement cannot be withdrawn unilaterally — the consent of the other party is needed. In practice this is the ground least open to challenge, since it removes any argument about motives or procedure.

Legal basisArts. 49, 50 of the Labour Code of the RK

The available sanctions are a remark, a reprimand, a severe reprimand and termination of the employment contract on the corresponding grounds. Before imposing a sanction the employer must request a written explanation; the employee's refusal is recorded in a report and does not prevent the sanction from being imposed. A sanction must be imposed no later than one month from the date the misconduct was discovered and no later than six months from the date it was committed, or one year where it is revealed by an audit or inspection of financial and economic activity.

Legal basisArts. 64–66 of the Labour Code of the RK

As a general rule the employee compensates the actual direct damage up to the amount of their average monthly wage; lost profit is not recoverable. Full financial liability arises only in the cases expressly provided for: a written agreement on full individual or collective liability, damage caused intentionally, damage caused while intoxicated, or damage resulting from a criminal or administrative offence. Recovery within the limit of average earnings is made by an act of the employer; anything above that limit only through the courts.

Legal basisArts. 123, 124, 137 of the Labour Code of the RK

As a general rule individual labour disputes are considered by a conciliation commission formed on a parity basis, and only afterwards by a court. The commission must consider the application within 15 working days. Exceptions apply to disputes involving micro and small businesses that have not formed a commission, and to disputes involving heads of the executive body and domestic workers, who may apply directly to the court.

Legal basisArts. 159, 160 of the Labour Code of the RK

For disputes over reinstatement the time limit is one month from the date the employee is served with a copy of the employer's act terminating the contract; for other labour disputes it is one year from the date on which the employee or the employer learned or ought to have learned of the infringement. A time limit missed for a valid reason may be restored. Separate time limits apply to applying to court after a decision of the conciliation commission.

Legal basisArt. 160 of the Labour Code of the RK

Wages must be paid at least once a month and no later than the tenth day of the month following the accounting month; the payment date is fixed in the employment or collective agreement. In the event of delay the employer must pay the employee interest for each day of delay, calculated on the basis of the National Bank's base rate on the date of performance. Delay also entails administrative liability and, where non-payment is prolonged, criminal liability.

Legal basisArt. 113 of the Labour Code of the RK; Art. 86 of the Code of Administrative Offences of the RK; Art. 152 of the Criminal Code of the RK

Deductions may be made only in the cases provided for by law — taxes, mandatory pension contributions, social health insurance contributions, enforcement documents — as well as on the employee's written application or by an act of the employer in the prescribed cases. The total amount of monthly deductions may not exceed 50 per cent of the wages due to the employee. Certain payments, including compensation and social benefits, are protected from enforcement.

Legal basisArt. 115 of the Labour Code of the RK

Where there are changes in the organisation of production — reorganisation, a change of technology or of the work regime — the employer may change working conditions, having notified the employee in writing at least 15 calendar days in advance, unless a longer period is provided for by the contract. A change of job function and a transfer to other work require the employee's written consent. If the employee refuses to continue working under the new conditions, the contract is terminated on the corresponding ground.

Legal basisArts. 46, 48, 58 of the Labour Code of the RK

Transfer without consent is permitted for up to one month in order to prevent or eliminate the consequences of emergencies, accidents or downtime, and in other exceptional cases expressly provided for by law, subject to the requirements as to qualification and state of health. Pay for the period of such transfer is based on the work performed but may not be lower than the average wage for the employee's previous work.

Legal basisArts. 38, 39, 41 of the Labour Code of the RK

An employer may not terminate the employment contract of pregnant women, women with children under three, or single mothers raising a child under 14 (or a child with a disability under 18), except on liquidation of the employer and on a number of expressly listed fault-based grounds. Such employees may not be required to work overtime or at night, to work on days off, or to travel on business without their written consent. Maternity leave and leave to care for a child until the age of three are granted with retention of the position held.

Legal basisArts. 26, 54, 99, 100 of the Labour Code of the RK

Secondary employment is documented by a separate employment contract stating that the work is performed on a secondary basis. Working time under secondary employment may not exceed half of the normal working time established for the relevant category of employees. Pay is calculated in proportion to the time actually worked or to output; restrictions apply to certain categories of employees and to work in harmful conditions.

Legal basisArts. 68, 110 of the Labour Code of the RK

Where the actual relationship displays the features of employment — personal performance of a job function, subordination to the working regime, regular remuneration, provision of a workplace — it may be reclassified as employment at the request of the individual, the labour inspectorate or the state revenue authorities. The consequences are additional taxes and social payments, late-payment interest, administrative fines and an obligation to grant leave and other statutory guarantees. The law expressly prohibits substituting civil-law contracts for employment relationships.

Legal basisArts. 21, 23, 27 of the Labour Code of the RK; Art. 683 of the Civil Code of the RK; Art. 86 of the Code of Administrative Offences of the RK

The employer must immediately arrange first aid and transport the injured person to a medical organisation, preserve the scene until the investigation begins, notify the authorised bodies and form a commission of inquiry. The findings are recorded in a report in the prescribed form. The employer must also insure, at its own expense, its liability for harm to the life and health of employees in the performance of their duties, and must compensate any harm not covered by the insurance payment.

Legal basisArts. 122, 186, 190 of the Labour Code of the RK; Law of the RK on Compulsory Insurance of Employees against Accidents

The employment contract may include obligations not to disclose state secrets or official, commercial or other information protected by law. A separate written non-competition agreement restricting activity by the employee that could harm the employer is also permitted. In practice such restrictions work where the subject matter, duration and territory are clearly defined and a breach can be proved; excessively broad prohibitions are viewed critically by the courts.

Legal basisArts. 29, 30 of the Labour Code of the RK

Information on employment activity is entered by the employer into the Unified System for Recording Employment Contracts (ESUTD) within the prescribed periods when a contract is concluded, amended or terminated. Entries in employment record books issued before their abolition remain valid as evidence of service. Failure to submit data to the system entails administrative liability for the employer and makes it harder for the employee to prove their service record.

Legal basisArts. 23, 35 of the Labour Code of the RK; Art. 86 of the Code of Administrative Offences of the RK

The procedure and conditions for paying for downtime are determined by the employment or collective agreement or by an act of the employer; downtime through no fault of the employee is paid at not less than the minimum wage. From 1 January 2026 the minimum monthly wage is 85,000 tenge. Downtime must be documented by an act of the employer specifying its causes and duration.

Legal basisArt. 112 of the Labour Code of the RK; Law of the RK on the Republican Budget for 2026–2028

Administrative liability is prescribed for breaches of employment legislation generally, for unjustified refusal to hire, for delayed payment of wages, for breaches of occupational safety requirements and for engaging foreign labour without a permit; fines are differentiated by business size and increase substantially on repeat offences. Certain conduct — non-payment of wages, or breaches of labour protection rules causing grave consequences — entails criminal liability. Orders of the labour inspectorate and suspension of operations are also possible.

Legal basisArts. 86–98 of the Code of Administrative Offences of the RK; Arts. 152, 156 of the Criminal Code of the RK