Employment of nationals and foreign citizens in Kazakhstan is regulated by the Labor Code of Kazakhstan and other by-laws legislation, adopted due to implementation of the Labor Code. Labor relations, not covered by legislation, are regulated by collective agreements and individual employment contracts. Employment contracts must meet the standards prescribed by the Kazakhstan law. Foreign and local companies may hire employees directly, without using employment or recruitment agencies.
Full time employment implies full working hours, whereas part-time employment allows to work at two different placed simultaneously.
According to the Labor Code of Kazakhstan:
- Terms and conditions of employment agreements and contracts providing for a less favorable status for employees compared to legislative or other regulatory acts shall be invalid;
- Labour legislation shall apply to foreign citizens and stateless persons who work in the Republic of Kazakhstan under employment agreements concluded with employers;
Every employee shall have the following main rights:
- to receive remuneration for labour which shall not be lower than the minimum amount established by legislation;
- to rest, secured by establishing a limited duration of working hours, shortened working days for a number of occupations and jobs, weekly days off, public holidays, and annual paid leave;
- labour conditions which meet the requirements of safety and hygiene;
- professional training, retraining and improvement of qualifications;
- compensation for damage caused to health or property in connection with work;
- to join trade unions and other organizations which represent the interests of employees and labour collectives;
- social security due to old age, in the event of the loss of the ability to work, loss of the breadwinner and in other cases specified by law;
- protection, including judicial protection, of labour rights and qualified legal assistance;
- defence of his interests in collective labour disputes. The Labor Code of Kazakhstan provides for compensation payments in connection with the loss of work upon termination of an employment contract initiated by the employer in the amount of the average salary for two months.
An employment contract may set the probationary period, which shall not exceed three months. Salaries may not be lower than the minimum monthly wage. The regular working week shall not exceed 40 hours. The minimum paid annual leave is 24 calendar days. In the case of hiring foreign citizens, companies must obtain permission to hire foreign workers for each foreign worker.
Our law firm offers the following services in the sphere of Employment:
- advising clients on the full spectrum of employment issues;
- drafting of all labor related documents, including employment contracts, collective agreements, duties instructions and other internal rules;
- representing clients in relations with employees and government agencies;
- consulting on various legal issues related to labor disputes, negations and class actions against an employer;
- recruitment of foreign employees to the Republic of Kazakhstan.