Learn about remote work policies and flexible work arrangements in Kazakhstan
In the Labor Code of the Republic of Kazakhstan (2015), only one article is dedicated to remote work:
A draft law, still under development, proposes to introduce a right for employees to request a switch to a remote work arrangement, with limitations based on job duties. This signifies a potential shift towards a more employee-centric approach to remote work in the future.
In the absence of a comprehensive legal framework, well-defined supplementary agreements to employment contracts are crucial for remote workers in Kazakhstan. These agreements should address:
A robust internet connection is essential for successful remote work in Kazakhstan:
While there are no formal regulations mandating specific employer actions for remote work in Kazakhstan, responsible employers should consider the following:
In Kazakhstan, the Labor Code recognizes part-time work arrangements and outlines minimum wage requirements for all employees, including part-time workers. However, there are no specific regulations regarding benefits or entitlements for part-time workers compared to full-time employees. The Labor Code doesn't mandate specific reimbursements for part-time workers. Supplementary agreements to employment contracts can specify if employers will provide essential equipment or offer stipends for internet access based on job requirements. Employers and employees can negotiate reimbursements for specific expenses like internet access depending on job requirements and the nature of the part-time role.
There are no legal regulations explicitly addressing flexitime arrangements in Kazakhstan. However, the Labor Code outlines standard working hours. With employer approval, some flexibility in scheduling working hours might be possible under these regulations. Reimbursements for equipment or internet access in a flexitime arrangement would be determined by the employer based on the specific role and responsibilities outlined in the supplementary agreement.
The Labor Code doesn't explicitly address job sharing. However, employers can establish such arrangements through contracts with two or more employees. This would involve splitting a full-time position's responsibilities and workload. Reimbursement policies for equipment or internet access would likely be similar to part-time roles, potentially with some adjustments depending on the job sharing agreement and responsibilities assigned to each employee.
The Law of the Republic of Kazakhstan No. 94-V on Personal Data and its Protection (2013) establishes core principles for data protection. It emphasizes transparency and accountability, lawful basis for processing, and security measures. Employers must be transparent with remote employees about the types of data collected, the purpose of data processing, and how the data will be used. They must also have a lawful basis for processing employee data, such as fulfilling contractual obligations or legitimate business interests. Implementing appropriate technical and organizational measures to protect personal data from unauthorized access, disclosure, alteration, or destruction is crucial.
Supplementary agreements to employment contracts for remote workers should address data protection and privacy considerations. These include outlining employee responsibilities for data security and privacy, specifying limitations on the collection and storage of employee data relevant to the remote work role, and establishing procedures for reporting any data breaches or suspected privacy violations.
Employers must implement appropriate technical and organizational measures to protect data. These include restricting access to data and systems only to authorized personnel, encrypting sensitive data, both at rest and in transit, encouraging reliable data backup solutions for remote workers, and providing training on data security best practices.
Employees working remotely in Kazakhstan have certain rights regarding their personal data. They have the right to access their personal data held by the employer and ensure its accuracy. Under certain circumstances, employees may have the right to object to the processing of their personal data. Employees also have a responsibility to follow established security protocols, use strong passwords, and report any suspicious activity to prevent data breaches.
Encouraging employees to maintain separate work and personal devices and accounts minimizes the risk of data breaches on personal devices. Utilizing secure communication channels for work-related communication helps protect sensitive information. Establishing clear procedures for reporting data breaches or suspected privacy violations allows for prompt investigation and remediation.
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