Kazakhstan

In Kazakhstan, the Labour Code outlines the legal requirements for notice periods during employment termination. These requirements vary depending on the party initiating the termination and the reason behind it.

Employer-Initiated Termination

In most cases, an employer must provide a minimum of one month's written notice to the employee before terminating the employment contract. This applies to situations such as employee performance issues (except during probation period) and redundancy due to company restructuring or downsizing.

There can be exceptions to the one-month notice period:

• Shorter Notice Period with Employee Consent: The employer and employee can mutually agree to a shorter notice period through written consent.

• No Notice Period in Specific Cases: The Labour Code allows termination without notice under specific circumstances outlined in the employment contract.

Important Note: The employer must notify the labor authority at least one month in advance if the termination is due to company liquidation or large-scale employee downsizing.

Employee-Initiated Termination

Employees in Kazakhstan generally do not have a legally mandated notice period. They can typically terminate their employment contract with written notice at any time.

Termination by Mutual Agreement

There is no set notice period for termination by mutual agreement between the employer and employee. The agreement can specify any termination date.

In Kazakhstan, severance pay is provided under specific circumstances when employment is terminated.

Entitlements Based on Termination Circumstances

• In the event of company liquidation or staff reduction, employees are entitled to one month's average salary as severance pay, as per Article 52 of the Labour Code.
• If redundancy occurs due to economic difficulties, employees are entitled to two months' average salary as severance pay, according to the same article.
• If the contract is breached by the employer, employees are entitled to one month's average salary as severance pay, as stated in Article 52 of the Labour Code.

Additional Considerations

• Collective bargaining agreements may offer greater severance pay entitlements than the legal requirements.
• Individual employment contracts can specify severance pay terms, including allowing for termination without notice in exchange for a predetermined severance payment.

It's important to note that severance pay entitlement may not apply in all cases of employment termination. For accurate determination, it's essential to refer to the specific employment contract, collective agreements, and relevant labor laws.

In Kazakhstan, the termination process for employees can be initiated by either the employer or the employee, or by mutual consent.

Employer-Initiated Termination

The employer must generally provide at least one month's advance written notice to the employee before terminating the employment contract, as outlined in Article 25 of the Labour Code. This period can be modified by a collective bargaining agreement or mutual written agreement between the employer and employee.

The employer must state the grounds for termination in the written notice (Article 50 of the Labour Code). Valid grounds include company liquidation or downsizing, employee's failure to fulfill job duties, reduction of workplace positions due to economic difficulties, or breach of contract by the employee.

The employer must notify the labor authority at least one month in advance if terminating several employees due to company liquidation or staff downsizing.

Employee-Initiated Termination

The employee must provide written notice of their intent to terminate the employment contract. There's typically no legally mandated notice period unless specified in the employment contract or a collective agreement.

Termination by Mutual Consent

Both parties must sign a written agreement outlining the termination terms and date. There is no mandated notice period in this scenario.

Important Considerations

Always check the employment contract for specific terms and procedures related to termination. Collective bargaining agreements may contain additional provisions regarding termination procedures.