Гарантии Занятости

Трудовой договор

Labour Code has provisions with regard to the written employment contracts. Labour contracts, in accordance with Kazakh law, may be concluded for an indefinite term or fixed term. An employment contract can be concluded with a citizen who has reached the age of 16 years. With the written consent of a parent, guardian or adoptive parent, employment contract may be concluded with  citizens aged:

  1. 15 years if they receive secondary education in general education institution;
  2. 14 years if children perform work during out-of-school hours and the work is not harmful to health and does not disrupt the study process; 
  3. under 14 years for participation in creating and performing workers (cinema, theatre, circuses) without detriment to the health and moral development of children and provided that their education is not affected.

To conclude an employment contract, following documents are required:

  1. identity card or passport (birth certificate for persons under 16 years);
  2. residence permits or certificates of stateless person or refugee status;
  3. educational qualification and training credentials;
  4. work experience documents;
  5. preliminary medical examination document (if necessary).

Employment contracts are concluded in written form in at least two copies and are signed by both the parties. Employee is provided his/her copy of employment contract, confirming the receipt in writing. Any changes in the employment contract including transfer to a different job are done in writing and after agreement between the parties. An employment contract must contain among others, the following details:

  1. full details of the parties;
  2. job title and job description;
  3. workplace details;
  4. term of the employment contract (fixed or indefinite term) and date of conclusion of employment contract;
  5. employment commencement date; 
  6. working time and rest time regime;
  7. amount and other conditions of labour compensation;
  8. description of working conditions especially when work is heavy or hazardous;
  9. rights and obligations of contracting parties;
  10. procedure for amending or terminating the employment contract.

Hiring of a worker is based on internal rules of an enterprise. A worker may start work only once the employment contract is concluded. If there is the absence of the employment contract due to the fault of the employer, employer is liable under the laws of the Republic of Kazakhstan. It is punished by the fine ranging from 30 to 150 monthly calculation indices. Since January 2017, the monthly calculation index is 2,269 tenge. If the offence is repeated within a year after administrative penalty, the penalty is increased to 200 monthly calculation indices. In the case of minors, the administrative penalty is 300 monthly calculation indices and suspension of the licence. Moreover, absence of an employment contract does not mean the loss of rights of a worker in the case of contract termination. Employment of a worker can be proved from, among others, employment history, salary statements, information from the State Social Insurance Fund for social deductions made, employment contract with mark of employer on the date and grounds for its termination.

Sources: §1, 28, 30-33 of the Labour Code; §86 of the Code of the Republic of Kazakhstan of Administrative Offences; §7 of the Law of the Republic of Kazakhstan 'About republican budget for 2017-2019' dated 29.10.2016 No. 25-VI

Срочный трудовой договор для Постоянной Работы

As a rule, the minimum length of a single fixed term contract is 1 year. At the expiration of the labor contract, parties have the right to extend it for an indefinite or definite term of not less than one year. The number of renewals allowed for the fixed term contracts are two. If a worker keeps working on the expiry of a fixed term contract, it is deemed to be contract for indefinite duration. In small businesses, labor contracts may be concluded for a certain period without limitation. Moreover, for retiree having high professional and qualification level, taking into account its performance, an employment contract may be renewed annually without restriction. Hiring of fixed term contract workers for tasks of permanent nature is not allowed.

Labour Code allows to conclude fixed term contract in following cases:

  • particular job;
  • execution of the duties of the absent employee;
  • seasonal work;
  • work of a foreigner.

Sources: §30 of the Labour Code

Испытание

Probation period is established by the labour contract to verify the conformity of qualifications for work. It starts from the beginning of the employment contract and is included in the employee's length of service. The probation period is suspended for the period, when the employee is actually absent from work.

The maximum term of the probation period is 3 months. For the heads of the organizations and their deputies, chief accountants and their deputies, heads of branches, representative organizations the probation period may be extended to six months.

If the probation period has expired and neither of the parties has not notified about the termination of the employment contract, the employee is considered to have passed the probationary period. If the employer is not satisfied with worker’s performance during probation period, he may terminate the employment contract stating the reasons for such termination.

Sources: §36 and 37 of the Labour Code

Нормативное регулирование гарантий занятости

  • Трудовой кодекс Республики Казахстан 2015 г. (в ред. от 06.04.2016) / Labour Code of the Republic of Kazakhstan 2015 (version 06.04.2016)
  • Специальные законы о продолжительности ежегодного оплачиваемого отпуска (например, Закон Республики Казахстан “О науке” от 18.02.2011 № 407-IV) / Special laws about the length of the annual paid leave (for example, Law of the Republic of Kazakhstan ‘About science’ 18.02.2011 № 407-IV)
  • Закон Республики Казахстан “О праздниках в Республике Казахстан” от 13.12.2001 № 267-II (в ред. от 19.10.2012) / Law of the Republic of Kazakhstan ‘About holidays in the Republic of Kazakhstan’ 13.12. 2001 № 267-II (version 19.10.2012)
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