Запрет работы, наносящей вред здоровью
Law prohibits the employment of pregnant and nursing women in work injurious to their health. Night and overtime work, working at weekends and public holidays is prohibited for pregnant workers. Recall from annual paid leave for pregnant workers is also forbidden. Moreover, pregnant women are entitled to refuse from the business trip. For pregnant women with gestational age of twelve or more weeks, shift work is prohibited.
Employment is not permitted for women on heavy work, jobs with harmful or dangerous working conditions, in accordance with list approved by the Order of the Minister of Health and Social Development of the Republic of Kazakhstan.
Pregnant women may be transferred to another job while maintaining the previous average earnings. Before employer arranges other safe job for pregnant women, they must be released from work while maintaining and preserving their previous average earnings.In the case of refusal of a pregnant woman to be transferred to another (safe) job, she must be released from the work without pay.
The employer is obliged to establish a part-time job at the request of a pregnant worker. Also using of summary recording of working hours for pregnant women is not allowed, if the duration of the working day exceeds eight hours.
Sources: §26, 44, 70, 76, 85, 95, 127 and 135 of the Labour Code; Order of the Minister of Health and Social Development of the Republic of Kazakhstan ‘About approval of the list of works, which prohibits the employment of workers under the age of eighteen, the marginal rates carry and move weights for employees, who have not reached the age of eighteen, and a list of jobs for which prohibited the employment of women, the marginal rates of lifting and manual handling of loads by women’ 08.12.2015 № 944
Employment of a worker is secure during the term of maternity leave. It is prohibited to terminate the employment contract in the following cases:
1) denial of the employee to transfer to another location with the employer;
2) employee's refusal to continue work due to changes in working conditions;
3) denial of the employee to a temporary transfer to another job for health reasons.
Termination of the employment contract with pregnant woman because of the decrease of production volume or the staff reduction is not allowed.
If the fixed term contract expires after the pregnancy of twelve weeks or more, worker may submit a written application for an extension of the employment contract (except in the case of replacement of a temporarily absent employee). Thereafter, employer must extend the term of the employment contract by the end of the parental leave.
Sources: §51, 54 and 58 of the Labour Code
Право на сохранение должности
The employee retains the job (position) during paid maternity and unpaid parental leave. In the case of return to work before the expiry of the parental leave, the employee must notify the employer no later than one month before the start of work.
Sources: §100 of the Labour Code