Kazakhstan

In the Labor Code of the Republic of Kazakhstan (2015), only one article is dedicated to remote work:

• Article 138: This article defines remote work and establishes the right of both employers and employees to initiate a switch to a remote work arrangement with mutual consent. It outlines that specific details regarding working hours, communication methods, and compensation (if applicable) should be included in a supplementary agreement to the employment contract.

Draft Law and Upcoming Developments

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.

Importance of Clear Contracts

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:

• Nature of Work: Clearly define the work arrangement as remote (telework or distant work).
• Working Hours and Schedule: Outline working hours and expectations for remote work schedules, considering core working hours established by the Labor Code.
• Compensation: Specify if there will be any adjustments to salary or benefits due to the remote work arrangement. The Labor Code does not mandate additional compensation for remote work.

Technological Infrastructure: Building the Foundation for Connectivity

A robust internet connection is essential for successful remote work in Kazakhstan:

• National Infrastructure: While internet penetration rates are growing in Kazakhstan, there are disparities in access quality across different regions. Reliable high-speed internet access remains a crucial consideration for remote work feasibility.
• Communication Tools: Secure video conferencing platforms, instant messaging applications, and project management software are vital for effective communication and collaboration among remote teams.
• Equipment: The Labor Code is silent on employer obligations regarding equipment provision. Employers can choose to provide essential equipment (laptops) or offer stipends based on negotiations within the supplementary agreement.

Employer Considerations

• Security Measures: Employers should ensure company data and systems are adequately protected through measures like access controls and encryption, even when accessed by remote workers.
• Data Backup Solutions: Encouraging reliable data backup solutions for remote workers can help mitigate potential data loss due to internet connectivity issues.

Employer Responsibilities: Leading the Way in a Flexible Future

While there are no formal regulations mandating specific employer actions for remote work in Kazakhstan, responsible employers should consider the following:

• Remote Work Policy (Optional): Developing a formal remote work policy outlining eligibility criteria, expectations, communication protocols, performance evaluation methods, and data security guidelines creates a structured framework for remote work arrangements.
• Training and Support: Providing training on remote work tools, data security best practices, and time management techniques equips employees for success while working remotely.
• Performance Management: Establishing clear performance expectations and conducting regular performance reviews ensure remote employees remain productive and engaged.
• Workplace Culture: Fostering a sense of inclusion and connection despite physical distance is important. Regularly scheduled virtual team meetings and promoting informal online interactions can help maintain a positive work culture.

Additional Considerations

• Work-Life Balance: Employers should be mindful of potential challenges employees might face regarding work-life balance in a remote work environment.
• Mental Health and Wellbeing: Remote work can lead to feelings of isolation. Employers can offer resources and support programs to promote employee well-being.

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.

Flexitime

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.

Job Sharing

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.

Clear Contracts and Data Protection

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.

Employer Obligations in the Remote Workspace

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.

Employee Rights and Data Privacy

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.

Best Practices for Secure Remote Work

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.