In Kazakhstan, the termination of employment is governed by a structured legal framework. The Labor Code of the Republic of Kazakhstan (The Code) outlines the valid reasons for an employer to terminate an employment contract. These include mutual agreement, expiry of a fixed-term contract, employee initiative, bankruptcy or liquidation of the employer, and force majeure.

Lawful Grounds for Dismissal

The Code also lists specific grounds for employer-initiated dismissal. These include repeated failure of an employee to perform work duties without a valid reason, gross violation of work duties, absenteeism, appearing at work under the influence of alcohol, drugs, or toxins, theft or damage to employer's property, disclosure of confidential information entrusted to the employee, and commission of actions (or inaction) by the employee that led to a loss of trust from the employer.

Notice Requirements

The Code mandates notice periods for both employers and employees who wish to terminate an employment contract. The specific notice period usually depends on the reason and circumstances of termination. However, in general, at least one month's written notice is required for employer-initiated termination, unless a fixed-term contract ends naturally. Employees must also generally provide at least one month's written notice.

Severance Pay

Kazakhstan mandates severance pay in some instances of employment termination. The situations where severance pay is applicable include liquidation of the employer, reduction in the number of staff (redundancy), employee's refusal to move to a new location with the employer, termination due to incompatibility with the position or insufficient qualifications, and termination due to health reasons. The amount of severance pay varies depending on the circumstances.

In Kazakhstan, the Constitution and Labor Code form the basis for anti-discrimination rights in employment, although there is still room for improvement in the legal framework.

Protected Characteristics

Discrimination in employment is explicitly prohibited by Kazakh law on several grounds:

• Gender: Equal treatment for men and women in employment is guaranteed by the Constitution and the Labor Code of the Republic of Kazakhstan.
• Race: Discrimination based on race, nationality (citizenship), and language is not allowed.
• Other Grounds: The Constitution broadly guarantees against discrimination based on social origin, property status, occupation, attitude to religion, convictions, place of residence, or any other circumstances. This could potentially include characteristics such as age, disability, or sexual orientation, although these are not explicitly mentioned.

Redress Mechanisms

Despite having anti-discrimination laws, the mechanisms in place to address discrimination in Kazakhstan are limited and could be improved:

• Complaints to Labor Inspectorates: Employees who experience discrimination can file complaints with the State Labor Inspectorates, which have the power to investigate and mediate disputes.
• Prosecutor's Office: Complaints about unlawful discrimination can also be lodged with the prosecutor's office.
• Courts: In certain cases, individuals may choose to pursue legal action through civil courts to seek remedies for discrimination.

Employer Responsibilities

Employers in Kazakhstan are generally required to create a discrimination-free workplace. While there is no comprehensive legislation mandating specific actions, proactive employers can take several steps:

• Non-Discrimination Statements: Employers can incorporate clear statements prohibiting discrimination within their employment policies.
• Training and Education: Regular training on diversity, inclusion, and unconscious bias can be provided to employees.
• Grievance Procedures: Employers can establish a clear process for employees to report instances of discrimination, ensuring prompt investigation and corrective action.

Kazakhstan's labor laws establish guidelines for working conditions to ensure employee well-being and fair treatment. These regulations cover aspects such as work hours, rest periods, and ergonomic provisions.

Working Hours

The Labor Code of the Republic of Kazakhstan (The Code) sets standards for working hours:

• Standard Workweek: The standard workweek in Kazakhstan is 40 hours, usually distributed across five days.
• Reduced Workweek for Specific Groups: Certain categories of workers, such as minors, individuals with disabilities, and those working in hazardous conditions, have a shorter standard workweek.
• Overtime: Overtime work is permitted in specific circumstances but requires the employee's consent. It’s generally limited to four hours in two consecutive days or 120 hours per year. Overtime pay must be at a premium rate.

Rest Periods

Kazakhstan's labor laws mandate rest breaks to ensure employee well-being and prevent fatigue:

• Daily Rest: Workers are entitled to a lunch break of at least one hour, as well as shorter rest breaks throughout the workday.
• Weekly Rest: Employees should receive at least one day of uninterrupted rest per week, usually on Sundays. The Code provides for two days of rest if possible.
• Public Holidays: Kazakhstan recognizes a number of public holidays during which employees are generally entitled to paid time off.

Ergonomic Requirements

While Kazakhstan doesn't have a specific law dedicated to ergonomics, several regulations and guidelines promote workplace safety and minimize ergonomic hazards:

• Workplace Safety: The Code emphasizes the employer's responsibility to provide a safe work environment. This includes preventive measures for workplace safety and hygiene, which indirectly address ergonomic risks.
• Risk Assessments: Employers must conduct risk assessments to identify potential hazards, which can include ergonomic considerations related to repetitive motions, awkward postures, or poorly designed workstations.
• Occupational Safety and Health Standards: The government sets occupational safety and health standards, some of which may address ergonomic concerns.

Kazakhstan has a comprehensive health and safety (H&S) framework that prioritizes worker safety. This framework is primarily based on the Labor Code of the Republic of Kazakhstan, which is supplemented by specific regulations and government standards. It outlines clear obligations for employers, safeguards employee rights, and assigns enforcement responsibilities.

Employer Obligations

The Labor Code emphasizes the responsibility of employers to create a safe and healthy work environment. Key employer obligations include:

• Risk Assessments: Employers are required to conduct regular risk assessments to identify potential hazards in the workplace. These assessments should cover various aspects such as machinery, chemicals, work processes, and the physical work environment.
• Safe Work Procedures: Employers are obligated to develop and implement safe work procedures to minimize risks. This includes providing proper training to employees on these procedures.
• Personal Protective Equipment (PPE): Employers must provide employees with appropriate PPE based on the specific workplace risks identified in the risk assessment.
• Health and Safety Training: Employers are responsible for providing employees with training on H&S practices and potential hazards associated with their jobs.
• Accident Reporting: Employers are legally required to report work-related accidents, illnesses, and near misses to the relevant authorities.

Employee Rights

Under the H&S framework, Kazakhstani employees have a well-defined set of rights:

• Right to a Safe Workplace: Employees have the legal right to work in an environment free from foreseeable hazards.
• Right to Information and Training: Employees are entitled to receive information and training on workplace safety procedures and potential risks associated with their jobs.
• Right to Refuse Unsafe Work: Employees have the right to refuse to perform tasks they believe pose a serious threat to their health and safety, provided they can justify their concerns.

These rights empower employees to actively participate in maintaining a safe work environment.

Enforcement Agencies

The primary responsibility for enforcing H&S regulations in Kazakhstan falls under the Committee for Occupational Safety (COS) within the Ministry of Labour and Social Protection of the Republic of Kazakhstan. The COS carries out these tasks through its inspectors:

• Workplace Inspections: The COS conducts regular inspections of workplaces to ensure compliance with health and safety regulations.
• Issuing Improvement Notices: If breaches are identified, inspectors can issue improvement notices outlining corrective actions employers must take.
• Fines and Penalties: In cases of serious non-compliance, the COS can impose fines on employers.

Kazakhstan's Social Insurance Law provides financial and medical support to employees who suffer work-related injuries or illnesses.