Hire in Kazakhstan

Employers have the right to obtain pertinent information directly from employees, but they are prohibited from obtaining an applicant’s criminal or credit history directly from public sources. Employers are at liberty to request a medical examination as a prerequisite for employment, and they may also conduct alcohol and drug testing on prospective hires.

The probationary period is limited to three months, although it may be extended to six months for specific roles such as chief executives, chief accountants, and heads of branches or representative offices. In cases where the fixed-term contract spans only three months, the probationary period is shortened to just 14 days.

The Labor Code stipulates that regular working hours should not exceed 40 hours per week or eight hours per day. Overtime work is limited to a maximum of two hours per day, with a total monthly cap of 12 hours and an annual limit of 120 hours for all employees.

Upon mutual agreement in the employment contract, a flexible work schedule can be implemented, allowing for a four-day workweek with the option to alternate with a five-day or six-day workweek. Sunday is typically designated as the day off, with the specific arrangement of the second or third day off determined by a collective agreement or labor regulations in the case of a five-day or four-day workweek.

For jobs with unique requirements that prevent adherence to standard working-hour regulations, such as shift work or cumulative hour schemes, the Labor Code permits flexibility to accommodate the nature of the work.

Remuneration for overtime work is set at a minimum of 1.5 times the standard rate, and for work conducted on holidays or days off, the compensation should be at least double the regular rate. Night work, occurring between 10:00 p.m. and 6:00 a.m., is subject to a compensation rate of 1.5 times the standard rate.

In lieu of receiving overtime pay for work performed on holidays or days off, employees have the option to request a compensatory day off.

An employer is only authorized to terminate an employee unilaterally if there exists a valid and justifiable reason, as outlined in the Labor Code. The code provides a comprehensive list of acceptable grounds for an employer to make such a decision.

In situations where termination is prompted by factors such as downsizing, output reduction, or company liquidation, the employer is required to inform the labor authority at least one month in advance.

Employees who are currently on temporary sick leave or annual leave are protected from dismissal. Additionally, specific categories of employees, including pregnant women, women with children under three years of age, single mothers with children under 14 (or those with disabled children under 18 years of age), or individuals caring for orphaned children, cannot be terminated due to an employer’s deteriorating economic situation.

If an employer decides to terminate an employee’s contract due to their company’s liquidation or downsizing of employees, a minimum notice period of one month must be provided before the termination. Nevertheless, if the employee gives written consent, earlier termination is permissible.

Exceptions to the notice requirement exist in cases where employment termination is based on poor performance during the probation period, as stipulated in the Labor Code.

Under specific circumstances, an employment contract may grant the employer the right to terminate an employee without notice, provided that severance compensation, predetermined within the contract, is offered.

Severance pay is applicable under certain circumstances. In instances where the employer undergoes liquidation, downsizes its workforce, or violates the terms of the employment agreement, the employee is eligible to receive one average monthly salary.

If an employee is terminated due to diminished production, work, or services leading to the employer’s financial hardship, they are entitled to receive two average monthly salaries.

Employment contracts and collective bargaining agreements have the potential to provide more extensive severance compensation. Additionally, a contract may authorize the employer to terminate an employee without notice, accompanied by pre-determined severance pay.

Agreements related to non-compete and non-solicitation, which prevent employees from participating in activities that could harm their employer, are permitted under the labor laws of the country.

The protection of personal information for employees is ensured by both the Labor Code and the Personal Data Protection Act. According to the Law on Personal Data Protection, employers must obtain explicit consent from employees or job applicants before collecting and managing their personal information.

While not obligatory, it is recommended to provide payslips that offer a detailed breakdown of an employee’s remuneration.

All employees are entitled to a minimum of 24 calendar days of paid annual leave per year. However, an additional six days of paid annual leave must be granted to employees falling into the following categories:

• Employees engaged in dangerous work or working under damaging or hazardous conditions.
• Employees with disabilities.

Mutual agreement between employees and employers can allow for the division of annual leave into multiple segments, provided that one portion is not less than 14 days. However, the Labor Code permits the carryover of annual leave days to the next year only in cases of temporary incapacity to work (such as sick leave) and maternity leave. Vacation postponement is restricted to a maximum of two consecutive years, and the Labor Code explicitly prohibits the denial of paid annual leave for two consecutive years.

All employees are entitled to a minimum of 24 calendar days of paid annual leave per year. However, an additional six days of paid annual leave must be granted to employees falling into the following categories:

• Employees engaged in dangerous work or working under damaging or hazardous conditions.
• Employees with disabilities.

Mutual agreement between employees and employers can allow for the division of annual leave into multiple segments, provided that one portion is not less than 14 days. However, the Labor Code permits the carryover of annual leave days to the next year only in cases of temporary incapacity to work (such as sick leave) and maternity leave. Vacation postponement is restricted to a maximum of two consecutive years, and the Labor Code explicitly prohibits the denial of paid annual leave for two consecutive years.

Each employee is entitled to sick leave and corresponding sick pay, contingent upon the submission of a medical certificate issued by a licensed doctor. The law does not specify a fixed duration for sick leave.

If an employee exceeds two months of sick leave, termination may be considered, unless the illness falls under a law permitting an extended period of sick leave.

Employers are obligated to provide sick pay, calculated by multiplying the employee’s average daily wage by the number of days missed due to illness. The sick pay is capped at 25 times the Monthly Calculation Index (MCI) per month, with the MCI amounting to KZT 3,450 in 2023.

Maternity leave in Kazakhstan typically commences 70 days before the anticipated date of childbirth and extends for 56 days postpartum (or 70 days before and after childbirth in case of complications or multiple births). Under specific circumstances, such as prolonged residence conditions or delivery complications, the duration of maternity leave may be extended to 91 days before and 93 days after childbirth. Both the employer and social security contribute to payment during maternity leave.

Employers are also mandated to grant unpaid leave to employees for childcare purposes for children up to three years old. To initiate this leave, employees must submit a written request specifying the duration and provide documentation verifying the child’s birth.

Adoption leave is granted to employees who adopt a newborn child. The leave begins on the day of adoption and lasts for 56 days after the adoption. Both the employer and social security collaboratively contribute to the pay during the adoption leave.

Employees have the privilege of taking up to five days of unpaid leave for specific life events, including marriage, childbirth, or the loss of a close relative. This entitlement may be explicitly stated in employment contracts or collective bargaining agreements. Employers are obligated to approve such leave upon the employee’s request and are prohibited from refusing or penalizing the employee for availing themselves of this time off.

Employees who are currently pursuing education have the entitlement to take study leave for activities such as exam preparation, attendance of training sessions, engagement in research projects, and the preparation and defense of these projects. The compensation for study leave is outlined in the employment contract, collective bargaining agreement, or training contract.

Kazakhstan recognizes and observes 12 public holidays.