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LABOR CODE OF THE REPUBLIC OF KAZAKHSTAN

of November 23, 2015 No. 414-V ZRK

(as amended on 13-05-2020)

General part

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Code

1. In this Code the following basic concepts are used:

1) civil service - the professional activity of civil servants on execution of ex-officio full powers directed to realization of tasks and functions of the state companies, public institutions, implementation of maintenance and ensuring functioning of state bodies;

2) the civil servant - the person occupying in the procedure established by the legislation of the Republic of Kazakhstan paid established post in the state companies, public institutions and performing ex-officio full powers for the purpose of realization of their tasks and functions, implementation of maintenance and ensuring functioning of state bodies;

3) the minimum size of the monthly salary - guaranteed minimum of money payments to the worker of simple unqualified (least complex) work in case of accomplishment of labor obligations by it in normal conditions and at the normal duration of working hours, established by this Code, in month;

4) special clothes - clothes, footwear, headdress, mittens, other individual protection equipment intended for protection of the worker against harmful and (or) dangerous production factors;

5) hard work - types of activity of the worker connected with permanent movements, movement and transferring manually (ten kilograms and more) weights and requiring great physical efforts (power consumption more than 250 kcal/hour);

6) shift work - work in two or in three or four working shifts within a day;

7) social partnership - the system of relations between workers (employee representatives), employers (representatives of employers), state bodies aimed at providing coordination of their interests concerning regulation of employment relationships and other, directly connected with employment relationships, and also the social and economic relations, based on equal cooperation;

8) the agreement general, industry, regional (further - the agreement) - the legal act in the form of the written agreement signed between the parties of social partnership determining content and obligations of the parties by establishment of working conditions, employment and social guarantees for workers at the republican, industry and regional levels;

9) condition about not competition - the terms of the contract about not competition limiting the worker's right to implementation of the actions capable to cause damage to the employer;

10) idle time - temporary suspension of work on the reasons of economic, technological, organizational, other production or natural nature;

11) qualification category (category) - the level of requirements to qualification of the worker reflecting complexity of the performed works;

12) the intermediary - the physical person or legal entity involved by the parties of employment relationships for rendering services in permission of employment dispute;

13) leave - release of the worker from work for certain period for ensuring annual rest of the worker or the social purposes with preserving place of employment (position) behind it and in the cases established by this Code, the average salary;

14) work - the activities of the person directed to creation of the material, cultural and other values necessary for life and requirements satisfaction of the person and society;

15) occupational health - complex of sanitary and epidemiologic measures and means on preserving health of workers, prevention of adverse effects of the production circle and labor process;

16) employment dispute - disagreements between the worker (workers) and the employer (employers) including who were earlier consisting in employment relationships concerning application of the labor law of the Republic of Kazakhstan, accomplishment or change of conditions of agreements, labor and (or) collective agreements, acts of the employer;

17) working conditions - payment terms, regulations of work, accomplishment of labor obligations, the mode of working hours and time of rest, procedure for combination of professions (positions), expansions of zones of servicing, accomplishment of obligations of temporarily absent worker, safety and labor protections, technical, production living conditions, and also others as agreed by the parties working conditions;

18) authorized state body on work - the central executive body performing management and cross-industry coordination in the sphere of employment relationships according to the legislation of the Republic of Kazakhstan;

19) local body for labor inspection - the structural division of local executive bodies of region, city of republican value, the capital performing within the corresponding administrative and territorial unit of power in the sphere of employment relationships according to the legislation of the Republic of Kazakhstan;

20) compensation - system of the relations connected with ensuring obligatory payment with the employer to the worker of remuneration for its work according to this Code and other regulatory legal acts of the Republic of Kazakhstan, and also agreements, labor, collective agreements and acts of the employer;

21) employment relationships - the relations between the worker and the employer arising when implementing the rights and obligations provided by the labor law of the Republic of Kazakhstan, agreements, labor, collective agreements and acts of the employer;

22) the relations which are directly connected with labor - the relations developing concerning the organization and management of work, employment, professional training, retraining and advanced training of workers, social partnership, the conclusion of collective agreements and agreements, participation of workers (employee representatives) in establishment of working conditions in the cases provided by this Code, permission of employment disputes and control of observance of the labor law of the Republic of Kazakhstan;

23) labor safety - the condition of security of workers provided with complex of the actions excluding impact of harmful and (or) dangerous production factors on workers in the course of labor activity;

24) work safety conditions - compliance of labor process and the production circle to safety requirements and labor protections in case of accomplishment by the worker of labor obligations;

25) monitoring of safety and labor protection - system of observations of security status and labor protections on production, and also assessment and the forecast of security status and labor protection;

26) standard rates in the field of safety and labor protection - the ergonomic, sanitary and epidemiologic, psychophysiological and other requirements providing normal and safe working conditions;

27) the accident connected with labor activity - impact on the worker of harmful and (or) dangerous production factor in case of accomplishment of labor (office) obligations or tasks of the employer from whom the industrial injury, sudden deterioration in health or poisoning of the worker which led it to temporary or permanent disability or death resulted by it;

28) labor obligations - the employee obligations and the employer caused by regulatory legal acts of the Republic of Kazakhstan, the act of the employer, labor, collective agreements;

29) labour experience- time in calendar calculation spent by the worker for accomplishment of labor obligations, and also other periods included in labour experience according to this Code;

30) labor discipline - proper execution by the employer and workers of the obligations established by regulatory legal acts of the Republic of Kazakhstan, and also agreements, labor, collective agreements, acts of the employer, constituent documents;

31) the labor schedule - procedure for regulation of the relations on labor organization of workers and the employer;

32) labor protection - the system of safety of life and health of workers in the course of labor activity including legal, social and economic, organizational and technical, sanitary and epidemiologic, treatment-and-prophylactic, rehabilitation and other actions and means;

32-1) management system labor protection - complex of the interconnected actions for realization of policy on labor protection, labor safety fulfillment of requirements, management of professional risks;

33) the technical safety inspector - the employee representative exercising internal control on safety and labor protection;

34) work regulation - determination of necessary costs of work (time) for performance of work (production of unit of production) by workers in specific organizational specifications and establishment on this basis of regulations of work;

35) safe working conditions - working conditions under which levels of impact of production factors on working do not exceed the established standard rates;

35-1) single system of accounting of employment contracts - the information system intended for automation of accounting of employment contracts, labor activity and number of workers;

36) the employment contract - the written agreement between the worker and the employer according to whom the worker shall perform personally certain work (labor function), to observe the labor schedule, and the employer shall provide to the worker work on the caused labor function, provide the working conditions provided by this Code, the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, the collective agreement, acts of the employer, timely and in complete size to pay to the worker the salary;

37) the salary - remuneration for work depending on qualification of the worker, complexity, quantity, quality and conditions of the performed work, and also payment of the compensatory and stimulating nature;

38) individual protection equipment - the means intended for protection of the worker against impact of harmful and (or) dangerous production factors including special clothes;

39) employer - physical person or legal entity with which the worker consists in employment relationships;

40) representatives of employers - the physical and (or) legal entities authorized based on constituent documents and (or) powers of attorney to represent the interests of the employer or group of employers;

41) acts of the employer - orders, orders, instructions, rules, provisions, schedules of working in shifts, graphics of watches, the leave schedules published by the employer;

42) declaring of activities of the employer - the procedure of recognition of activities of the employer conforming to requirements of the labor law of the Republic of Kazakhstan based on the application submitted by it;

43) the worker - the physical person which is consisting in employment relationships with the employer and directly performing work on the employment contract;

44) employee representatives - labor unions and their associations, and in case of their absence elective representatives, the elite and representatives on general meeting (conference) of workers by a majority vote participants in case of presence on he (she) at least two thirds of workers (delegates of conference) in the cases provided by this Code;

45) workplace - the place of permanent or temporary finding of the worker in case of accomplishment of labor obligations by it in the course of labor activity;

46) work tariffing - reference of the performed works to certain complexity according to the Single wage rate book of works and professions of workers and the Job evaluation catalog of positions of heads, specialists and other employees, tariff and qualification characteristics of professions of workers and standard qualification characteristics of positions of heads, specialists and other employees of the organizations;

47) working hours - time during which the worker according to acts of the employer and conditions of the employment contract carries out labor obligations, and also other periods of time which according to this Code, other regulatory legal acts of the Republic of Kazakhstan, the collective agreement, the act of the employer are carried to working hours;

48) the summed-up accounting of working hours - accounting of working hours by its summing for the accounting period established by the employer;

49) harmful working conditions - working conditions which are characterized by availability of harmful production factors;

50) harmful production factor - production factor which impact on the worker can lead to disease or decrease in working capacity and (or) negative influence on health of posterity;

51) occupational disease - the chronic or acute disease caused by impact on the worker of harmful and (or) dangerous production factors in case of accomplishment by the worker of the labor (office) obligations;

51-1) professional risks - risk of disability (or death) the worker in case of execution of labor (office) obligations;

51-2) managements of professional risks - the management system component labor protection including the identification and assessment of professional risks adjusting measures, control and monitoring of professional risk;

51-3) assessment of professional risk - determination of degree of professional risk on the basis of information analysis about identification of risks and statistical data about incidence and operational injuries in the organization, security with means of collective and individual protection;

52) guarantees - means, methods and conditions by means of which implementation of the rights granted to workers in the field of the social and labor relations is provided;

53) safety regulations - the qualitative and quantitative indices characterizing conditions of production, production and labor process from the point of view of ensuring the organizational, technical, sanitary and hygienic, biological and other regulations, rules, procedures and criteria directed to preserving life and health of workers in the course of their labor activity;

54) dangerous working conditions - working conditions under which impact of certain production or ineradicable natural factors brings in case of non-compliance with industrial safety rules to industrial injury, sudden deterioration in health or poisoning of the worker by which temporary or permanent disability, occupational disease or death are caused;

55) dangerous production factor - production factor which impact on the worker can lead to temporary or permanent disability (industrial injury or occupational disease) or death;

56) combining jobs - accomplishment by the worker of other regular paid work on the terms of the employment contract in time, free from the main work;

57) the foreign employee of state body - the foreigner attracted in state body according to the employment contract;

58) holidays - days of national and public holidays of the Republic of Kazakhstan;

59) base pay - rather constant component of the salary including payment on the tariff charges, official pay rates, price-work quotations, and provided by the labor law of the Republic of Kazakhstan, the industry agreement, collective and (or) labor agreements of payment of permanent nature;

60) production equipment - machines, mechanisms, the devices, devices, devices and other technical means necessary for work, productions;

61) industrial injury - the injury of health of the worker received in case of execution of labor obligations by it, which led to disability;

62) business necessity - performance of works for the purpose of prevention or liquidation of natural disaster, accident or immediate elimination of their consequences, for prevention of accidents, idle time, death or spoil of property and in other exceptional cases, and also for replacement of temporarily absent worker;

63) productive activity - set of actions of workers using the labor instruments necessary for transformation of the resources into finished goods including production and conversion of different types of raw materials, rendering different types of services and performance of works;

64) the specialized organizations for carrying out certification of production facilities - the organizations which are performing activities for carrying out certification of production facilities under the terms of work, having qualified personnel and incorporating laboratories on laboratory and tool researches of factors of the production circle and working conditions or signed contracts with the organizations having such laboratories;

65) certification of production facilities under the terms of work - activities for assessment of production facilities (shops, sites, workplaces, and also other separate divisions of the employers performing productive activity) for the purpose of determination of security status, harm, weight, intensity of the works performed on them, occupational health and determination of compliance of conditions of the production circle to standard rates in the field of safety and labor protection;

66) production sanitation - system of the sanitary and hygienic, organizational actions and technical means preventing or reducing impact by workers of harmful production factors;

66-1) production living conditions - the working conditions necessary for stay of the worker on workplace, including in case of shift method of work, the including providing with sanitary and household rooms, and also conditions for rest and meal;

67) production factors - the technical, sanitary, hygienic, production and household and other conditions making impact on the worker according to legislative and other regulatory legal acts of the Republic of Kazakhstan;

68) rough imprudence - the actions of the worker promoting abuse of regulations of labor protection and safe engineering and safety of the health;

69) compensation payments - the money payments connected with specific mode of work and working conditions, work loss, compensation to workers of the costs connected with execution by them labor or provided by the laws of the Republic of Kazakhstan of other obligations, and also the payments connected with professional training, retraining and advanced training of the workers or other persons who are not consisting in employment relationships (further - the trainee);

70) interdigit coefficient - ratio between the tariff charges of adjacent tariff and qualification categories;

71) tariff system - kind of wages system in case of which the salary of workers is determined differentially on the basis of the tariff charges (salaries) and scales of charges;

72) scale of charges - the set of job grades and tariff coefficients providing differentiation on the basis of complexity of the performed works and qualification of workers;

73) tariff rate (salary) - the fixed amount of remuneration of labour for the worker for accomplishment of labor obligations of certain complexity (qualification) for unit of time;

74) wage category - the level of complexity of works and indicator of the qualification level necessary for accomplishment of this work;

75) authority punishment - the measure of disciplinary impact on the worker applied by the employer or the first head of national managing holding in the cases provided by the laws of the Republic of Kazakhstan for making of minor offense;

76) minor offense - illegal, guilty non-execution or improper execution by the worker of the labor obligations, and also violation of labor discipline;

77) rest time - time during which the worker is free from accomplishment of labor obligations and which he can use at discretion;

78) means of collective protection - the technical means intended for simultaneous protection of two and more workers against impact of harmful and (or) dangerous production factors;

79) the collective agreement - the legal act in the form of the written agreement signed between workers on behalf of their representatives and the employer governing the social and labor relations in the organization;

80) overtime work - the work performed by the worker at the initiative of the employer outside the established duration of working hours (over the normal number of working hours for the accounting period);

81) the notification - the written application of the worker or employer or applications submitted by different way (by means of express mail, mail service, fax connection, e-mail and other information and communication technologies);

82) business trip - the direction of the worker according to the order of the employer for accomplishment of labor obligations for certain term out of the place of permanent job to other area, and also the direction of the worker to other area on training, advanced training or retraining.

2. Other special concepts and terms of the labor law of the Republic of Kazakhstan are used in the values determined in the relevant articles of this Code.

Article 2. Labor law of the Republic of Kazakhstan

1. The labor law of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of of this Code, the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.

2. Inclusion in other laws of the Republic of Kazakhstan of the regulations governing employment relationships, the relations of social partnership and labor protection except the cases provided by this Code is forbidden.

3. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Code then are applied rules of the international treaty.

The international agreements ratified by the Republic of Kazakhstan are applied to employment relationships directly, except cases when follows from the international treaty that its application requires the publication of the law.

Article 3. Purpose and tasks of the labor law of the Republic of Kazakhstan

1. The purpose of the labor law of the Republic of Kazakhstan is the legal regulation of the employment relationships and other relations which are directly connected with labor, directed to protection of the rights and interests of the parties of employment relationships, establishment of the minimum guarantees of the rights and freedoms in the sphere of work.

2. Tasks of the labor law of the Republic of Kazakhstan are creation of the necessary legal conditions directed to achievement of balance of interests of the parties of employment relationships, social stability, public consent.

Article 4. Principles of the labor law of the Republic of Kazakhstan

The principles of the labor law of the Republic of Kazakhstan are:

1) inadmissibility of restriction of rights of man and citizen in the sphere of work;

2) freedom of work;

3) prohibition of employment discrimination, forced labor and the worst forms of child labor;

4) providing the right to the working conditions meeting safety requirements and hygiene;

5) priority of life and health of the worker;

6) providing the right to remuneration for work not below the minimum size of the salary;

7) ensuring right to rest;

8) equal rights and opportunities of workers;

9) providing the right of workers and employers to consolidation for protection of the rights and interests;

10) assistance of the state in strengthening and development of social partnership;

11) state regulation of safety issues and labor protection.

Article 5. Freedom of work

Everyone has the right to freely choose work or to agree freely to work without any discrimination and coercion to it, the right to dispose of the capabilities to work, to choose profession and kind of activity

Article 6. Prohibition of employment discrimination

1. Everyone has equal opportunities in realization of the rights and freedoms in the sphere of work. Nobody can be limited in the rights in the sphere of work, except cases and according to the procedure which are provided by this Code and other laws of the Republic of Kazakhstan.

2. Nobody can be exposed to any discrimination in case of realization of labor rights based on origin, social, official and property status, sex, race, nationality, language, the relation to religion, beliefs, the residence, age or physical defects, and also belonging to public associations.

3. Distinctions, exceptions, preferences and restrictions which according to the laws of the Republic of Kazakhstan are set for the corresponding types of labor activity or are caused by special care of the state of the persons needing the raised social and legal protection are not discrimination.

4. Persons considering that they underwent to employment discrimination had the right to take a legal action or other instances according to the procedure, established by the laws of the Republic of Kazakhstan.

Article 7. Prohibition of forced labor

Forced labor is forbidden.

Forced labor means any work or service demanded from any person under the threat of any punishment for which accomplishment this person did not offer voluntarily the services.

Forced labor is allowed only:

owing to the court verdict which took legal effect provided that work will be performed under supervision and control of state bodies and that person which is carrying out it will not be yielded or given to the order of physical and (or) legal entities;

in the conditions of emergency or warlike situation.

Article 8. Coverage of this Code

1. This Code governs the relations:

1) labor;

2) directly connected with labor;

3) social partnership;

4) on safety and labor protection.

2. Action of this Code extends to the workers and employers located in the territory of the Republic of Kazakhstan including branches and (or) representations of foreign legal entities which underwent accounting registration if other is not provided by the laws and international treaties ratified by the Republic of Kazakhstan.

3. Features of legal regulation of work of separate employee categories are established by this Code and other laws of the Republic of Kazakhstan.

4. The laws of the Republic of Kazakhstan shall not reduce the level of the rights, freedoms and guarantees established by this Code.

Article 9. The minimum social standards in the sphere of work

The minimum size of the monthly salary, duration of daily work (working shift), the main paid annual labor leave are the minimum social standards in the sphere of work according to the Law of the Republic of Kazakhstan "About the minimum social standards and their guarantees".

Article 10. Employment contracts, agreements of the parties of social partnership, collective agreements, acts of the employer in the sphere of work

1. Employment relationships, and also other relations which are directly connected with labor are regulated by the employment contract, the act of the employer, the agreement and the collective agreement.

2. The provisions of agreements of the parties of social partnership, collective, employment contracts, acts of employers worsening situations of workers in comparison with the labor law of the Republic of Kazakhstan are recognized invalid and are not subject to application.

3. Conditions of agreements, collective, employment contracts cannot be changed unilaterally.

Article 11. Certificates of the employer

The employer issues certificates within the competence according to this Code and other regulatory legal acts of the Republic of Kazakhstan, the employment contract, agreements, the collective agreement.

Acts of the employer are drawn up in writing or form of an electronic document, certified by means of the digital signature.

Article 12. Accounting treatment for opinion of employee representatives in case of the publication of certificates of the employer

1. The employer in the cases provided by agreements, the collective agreement issues acts taking into account opinion of employee representatives.

2. The employer represents the draft of the act of the employer and reasons on it to employee representatives. In the presence of several employee representatives they create single representative body for accounting of opinion under acts of the employer whose numerical structure is pro rata to the number of the workers represented by them.

3. The draft of the act of the employer is discussed by employee representatives no more than five working days from the date of its representation. In case of failure to provide the decision by employee representatives in the terms established by this Code, the employer has the right to adopt the act without opinion.

4. Decisions of employee representatives are drawn up by the protocol in which consent (disagreement) with the draft of the act of the employer of employee representatives is specified, their offers are in the presence stated.

5. If the opinion of employee representatives does not contain consent with the draft of the act of the employer or contains offers on its change, the employer:

1) in case of consent is published by the act changed taking into account proposals of employee representatives;

2) in case of disagreement has the right to hold additional consultations with employee representatives.

6. In case of default of agreement according to drafts of acts of the employer for which edition according to agreements, the collective agreement accounting of opinion of employee representatives is necessary the arisen disagreements are drawn up by the protocol signed by one representative of employer and workers then the employer has the right to adopt the act.

7. If the issued act of the employer contains the provisions violating or worsening the rights and guarantees of workers provided by this Code, labor, collective agreements, agreements it can be appealed in local body for inspection of work or in court.

Article 13. Calculation of the terms established by this Code

1. The term established by this Code, the employment or collective agreement, agreements is determined calendar date, the expiration of period of time which is estimated for years, months, weeks or days. Term can be determined also by specifying on event which shall come.

2. In the cases provided by this Code, term is estimated in the working days.

3. The current of the term determined by period of time begins next day after calendar date, approach of event which determine its beginning.

4. The terms estimated for years, months, weeks expire in the corresponding numbers of the last year, month, week. If the termination of the term estimated for months falls on such month in which there is no corresponding number, then term expires in the last day of this month. In time, estimated in calendar weeks or days, also non-working days join.

5. If the last day of term falls on non-working day, then the first is considered day of the termination of term, the working day following it if other is not provided by this Code.

Article 14. Responsibility for violation of the labor law of the Republic of Kazakhstan

Persons guilty of violation of the labor law of the Republic of Kazakhstan bear responsibility according to the laws of the Republic of Kazakhstan.

Chapter 2. State regulation in the field of employment relationships

Article 15. Competence of the Government of the Republic of Kazakhstan in regulation of employment relationships

Government of the Republic of Kazakhstan:

1) develops the main directions and provides realization of state policy in the field of work, safety and labor protections;

2) determines the sizes of social benefit by temporary disability;

3) is approved by Standard regulations on payment terms of work and awarding of leading employees of the national companies, joint-stock companies which controlling stocks the state owns;

4) approves wages system of civil servants, employees of the organizations containing at the expense of means of the government budget, employees of the state companies;

5) signs the general agreement with republican associations (associations, the unions) of employers and republican associations of workers;

6) is established by procedure for acceptance of regulatory legal acts in the field of safety and labor protection by the relevant authorized bodies;

7) performs other functions assigned to it by the Constitution, the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 16. Competence of authorized state body on work in the field of regulation of employment relationships

Authorized state body on work:

1) realizes state policy in the field of work, safety and labor protections;

2) will be organized by the state control of observance of the labor law of the Republic of Kazakhstan, including the requirement for safety and labor protection, legislations of the Republic of Kazakhstan on employment of the population, and also coordinates activities and performs check of activities of local body for inspection of work;

3) performs methodical management and coordination of local executive bodies in the field of regulation of employment relationships;

4) requests necessary information from local authorities on inspection of work concerning employment relationships;

5)  No. 273-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 26.11.2019;

6) is coordinated by activities of state bodies for development of technical regulations in the field of safety and labor protection;

7) performs coordination and interaction in the field of safety and labor protection with other state bodies, and also with employee representatives and employers;

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