Компенсации

Компенсация сверхурочной работы

In accordance with the Labour Code, the normal working hours should not exceed 40 hours per week. Employment contracts may envisage a shorter duration working time with payment at the same level as for normal duration of working time.

Kazakh labour legislation makes an exception for child workers, adolescent workers, workers engaged in heavy work or work in harmful and hazardous working conditions and employees with disability (first and second group). Employees aged fourteen to sixteen years are allowed to work no more than 24 hours per week and for employees aged sixteen to eighteen years, the maximum limit is 36 hours per week. Similarly, for workers engaged in hazardous work and those with disability (first and second group), the maximum working hours are 36 hours per week. The five-day or six-day working week may be established by the employer in accordance with the terms and conditions of employment, collective agreements or internal rules of the enterprise. The duration of daily working hours may not exceed 8 hours except in cases provided under the law.

Overtime work must not exceed two hours during the day, but in heavy, harmful and hazardous work, the limit is reduced to one hour. The total duration of overtime work must not be more than 12 hours per month and 120 hours per year. These limitations are not applicable during the emergency situations or threat for human life and health.

As a rule, overtime work is allowed in the presence of worker’s written consent. However, there are some exceptions. Involvement of the employee to work overtime is allowed without any consent in the following cases:

  • prevent a disaster, industrial accident or to eliminate the consequences of such disaster or accident;
  • strengthen the country's defences;
  • remove unforeseen circumstances that disrupt functioning of the centralized systems of water supply, gas supply systems, heating, lighting, etc.;
  • for continuing work if a shift partner fails to turn up for work if the work cannot be interrupted, with immediate measures being taken to find a replacement employee;
  • emergency to the threatened loss of health or death.

Overtime work is forbidden for pregnant women, minors (under 18 years) and persons with disabilities.

Overtime work is compensated at 150% of the normal hourly rate of pay. Exact rates are established by employment contract, collective agreement or internal rules of the organization. Compensation for overtime in the case of piece-rated workers cannot be less than 150% of the fixed daily/hourly wage rates. The parties may agree to provide hours of rest at the rate of one hour of rest for one hour of overtime work.

Sources: §68, 69, 77, 78 and 108 of the Labour Code

Компенсация работы в ночное время

Night work is the work done between 22:00 and 06:00. Every hour of night work is paid at a higher rate, according to the conditions of the employment contract, the collective agreement, the act of the employer, but not less than 150% of the normal daily/hourly wage rate.

Night work is forbidden for minors (under 18) and pregnant women (once they have provided the employer with certificate of pregnancy). Night work is however allowed for persons with disabilities  in the presence of worker’s written consent and medical report. The employer cannot involve in night work the following employees (without the written consent):

1) women with children aged up to seven years, and others, with children aged up to seven years without a mother;

2) workers with disabled children up to the age of sixteen.

Sources: §76 and 110 of the Labour Code

Компенсация работы в выходные и нерабочие праздничные дни

Working on weekends and public holidays is allowed with a written consent of the employee or at his request on the basis of employer’s internal rules. Labour Code also provides for exception in which case employee consent is not required:

  •  prevent a disaster, industrial accident or to eliminate the consequences of such disaster or accident;
  • prevention and investigation of accidents at work, death or damage of property;
  • complete of unforeseen work;
  • shift work.

Working on weekends and public holidays is forbidden for pregnant women.

At the request of the employee, who worked on the rest day or public holiday, he may be given another day of rest or higher compensation for working on day-off or public holiday.

Sources: §85 and 86 of the Labour Code

Денежная компенсация работы в выходные и нерабочие праздничные дни

Every hour of worked on the weekend or public holiday is paid at a higher rate, according to the conditions of the employment contract, the collective agreement, the internal rules of the employer. The minimum rate specified by Labour Code is 150% of the normal wage rate.

Sources: §109 of the Labour Code

Нормативное регулирование компенсаций

  • Трудовой кодекс Республики Казахстан 2015 г. (в ред. от 06.04.2016) / Labour Code of the Republic of Kazakhstan 2015 (version 06.04.2016)
loading...