[Translated from Russian]

CODE
OF THE REPUBLIC OF KAZAKHSTAN

LABOUR CODE OF THE REPUBLIC OF KAZAKHSTAN

GENERAL PART

SECTION 1. GENERAL PROVISIONS

Chapter 1. BASIC PROVISIONS

Article 1. Basic terms used in this Code

1. In this Code, the following terms are used:
1) civil service means professional activity of civil servants associated with the
performance of job duties aimed at implementing the objectives and
functions of public enterprises for operational management of public
property, state institutions and at maintaining and ensuring functioning of
government agencies;
2) civil servant means a person who holds a paid full-time position in a public
enterprise for operational management of public property and state
institutions in a manner established by legislation of the Republic of
Kazakhstan, and who performs his/her job duties in order to implement the
objectives and functions, and to maintain and ensure functioning, of
government agencies;
3) minimum monthly wage means a guaranteed minimum amount of pay to an
employee performing simple unskilled labour (least complex), provided that
he/she fulfils labour standards (job duties) under normal conditions and
upon normal duration of working time per month as specified in this Code;
4) special clothing means clothes, footwear, headgear, gloves, other things that
are meant for protection of an employee from harmful and/or hazardous
industrial factors;
5) heavy work means types of activities of an employee connected with lifting
or moving of heavy loads by hand, or any other physical labour with energy
consumption of more than 250 kcal/ hour;
6) shift work means work in two, or three, or four shifts during a day;
7) social partnership means a system of relations between employees
(employee representatives), employers (employer representatives) and
government agencies aimed at ensuring the reconciliation of their interests
in regulating the labour relations and other labour related relations;
8) general, or industry (tariff), or regional agreement (the “agreement”)
means a legal instrument that is concluded among the parties to the social
partnership that determine the content and obligations of the parties in

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 relation to setting working conditions, employment and social guarantees
for employees at the republic, industry and regional levels;
9) downtime means a temporary suspension of work by reason of economic,
technological, organisational or other production or natural cause;
10) qualification category (grade) means a level of requirements to the
qualification of an employee reflecting the complexity of work performed;
11) conciliation commission means a body established by agreement between an
employer and employees (their representatives) for the purpose of resolving
a collective labour dispute by way of conciliation of parties;
12) conciliation procedures mean a consistent investigation of a collective
labour dispute first by the conciliation commission, and failing conciliation,
by the labour arbitration;
13) mediator means an individual or a legal entity engaged by parties to the
labour relations to assist them in resolving the labour dispute;
14) vacation means release of an employee from work for a certain period of
time in order to provide an employee with annual continuous rest, or for
social purposes while preserving his/her employment (position) and average
wage, as and when prescribed by this Code;
15) labour means an activity of a person aimed at the creation of material,
cultural and other wealth required for life and to meet human and public
needs;
16) compensation plan means a system of relations associated with ensuring by
an employer of mandatory payment to an employee for his/her work in
accordance with this Code and other laws and regulations of the Republic of
Kazakhstan, and agreements, employment, collective agreements and
employer regulations;
17) minimum wage standard (MWS) means a guaranteed minimum wage
payable to an employee who is engaged in heavy work, work under harmful
(extremely harmful) and hazardous conditions, and which includes
minimum food package, minimum goods and services necessary for an
employee who is exposed at work to harmful and/or hazardous industrial
factors to revitalize and restore his/her energy;
18) work hygiene means a complex of sanitary and epidemiological measures
and resources for health maintenance, prevention of adverse effect of work
environment and workflow;
19) labour dispute means disagreements between an employee (employees) and
employer (employers) in respect of the application of labour legislation of
the Republic of Kazakhstan, compliance with, or change of, the terms of
agreements, employment and/or collective agreements, and employer
regulations;
20) employment agency means assistance to the population in obtaining
employment provided by the authorised employment agency, or a private
employment agency;

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21) labour conditions means payment conditions, work measurement, working
and rest hours, multi-employment, expansion of working area, performance
of duties of a temporarily absent employee, health and safety, technical,
industrial and living conditions, and also other working conditions as may
be agreed between the parties;
22) authorised government labour agency means a government agency of the
Republic of Kazakhstan charged with the authority to pursue the
government policy in the area of labour relations in accordance with the
legislation of the Republic of Kazakhstan;
23) territorial divisions of the authorised government labour agency means
structural divisions of the authorised labour agency that exercises authorities
in the area of labour relations within a relevant administrative and territorial
unit in accordance with legislation of the Republic of Kazakhstan;
24) labour relations mean relations between an employee and employer arising
in connection with the performance of rights and obligations specified in
labour legislation, employment or collective agreement;
25) labour related relations mean relations that are formed in connection with
the organisation and management of labour, employment, employee
occupational training, retraining and professional development, social
partnership, entering into collective agreements, employee (employee
representatives) participation in establishing labour conditions to the extent
specified herein, resolution of labour disputes and control over the
compliance with labour legislation of the Republic of Kazakhstan;
26) labour safety means the state of employee safety warranted by a complex of
measures that eliminate exposure of employees to harmful and/or hazardous
industrial factors in the course of their labour activities;
27) safe labour conditions mean the conformity of the work process and
working environment with health and safety requirements in performing by
an employee of his/her job duties;
28) health and safety monitoring means a system of observations over the state
of health and safety at operations, and also health and safety assessment and
forecast;
29) health and safety standards mean ergonomic, sanitary and epidemiological,
psychophysical and other requirements to ensure normal labour conditions;
30) job duties mean obligations of an employee and employer as stated in laws
and regulations of the Republic of Kazakhstan, employer regulations,
employment and collective agreements;
31) duration of employment means time in calendar terms spent by an employee
while performing his/ her job duties;
32) labour discipline means proper fulfilment by an employer and employee of
their respective obligations in accordance with laws and regulations of the
Republic of Kazakhstan, agreements, labour and collective agreements,
employer regulations and foundation documents;
33) internal labour policy means a policy regulating relations in respect of
labour management of employees and employer;

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34) labour arbitration means an ad hoc body formed by the parties to a labour
dispute from among authorised persons for resolving such labour dispute
upon the conciliation commission had failed to reach an agreement;
35) occupational health means a system to ensure life and health safety of
employees in the course of their labour activities that comprise legal, social
and economic, organisational and technical, sanitary and epidemiological,
medical care, rehabilitative and other measures and resources;
36) public health inspector means an employee representative who performs
public control over health and safety compliance;
37) work measurement means the process of establishing the labour input (time)
that a certain work (manufacture of a product unit) would take by
employees under defined management and technical conditions, and setting
labour standards on the basis thereof;
38) safe labour conditions mean labour conditions created by an employer
under which the exposure of an employee to harmful and/or hazardous
industrial factors is absent or do not exceed safety standards;
39) employment agreement means a written agreement between an employee
and employer under which the employee agrees to perform personally
certain work (job function), comply with internal labour policy, and the
employer agrees to provide the employee with certain work under agreed
job function, to ensure labour conditions specified in this Code, laws and
regulations of the Republic of Kazakhstan, collective agreement, and
employer regulations, and to pay wage to the employee in time and in full;
40) strike means a cessation of work, either full or partial, that is designed to
compel an employer to meet social, economic and professional demands in
a collective labour dispute with such employer;
41) wage means a remuneration for work, which depends on employee
qualification, complexity, quantity, quality and conditions of job performed,
and also includes compensatory and stimulation payments;
42) personal protective gear means gear designed to protect an employee from
exposure to harmful and/or hazardous industrial factors, including special
clothing;
43) employer means an individual or legal entity with which an employee has
labour relations;
44) employer representatives mean individuals and/or legal entities that, under
the foundation documents or proxy, are authorised to represent the employer
or group of employers;
45) employer regulations mean orders, instructions, directives, regulations, and
rules of conduct adopted by an employer;
46) employment assistance means a complex of organisational, economic and
legal steps to facilitate employment of the population;
47) work place means a place of permanent or temporary location of an
employee in connection with his/her performance of job duties in the course
of his/her labour activities;

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48) work rating means attributing work to a certain category of complexity in
accordance with the Uniform Wage-Rates and Skills Handbook, Skills
Handbook for Managers, Specialists and Other Employees, wage-rates and
skills characteristics of worker’s occupations and model skills
characteristics of positions of managers, specialists and other employees;
49) working time means time during which an employee performs his/her job
duties under the employer regulations and employment agreement, and also
other periods of time which are referred by this Code to the working time;
50) record of cumulative hours worked means recording of hours worked by
summing up hours worked over a defined period of time set by an employer,
which may not exceed one year;
51) harmful (extremely harmful) labour conditions mean labour conditions
under which the exposure to certain industrial factors results in performance
impairment or disease of an employee, or in adverse impact on the health of
such employee descendants;
52) harmful industrial factor means an industrial factor the exposure to which
may cause a disease or performance impairment of an employee and/or an
adverse impact on the health of such employee descendants;
53) occupational disease means a chronic or acute disease of an employee
caused by exposure of such employee to harmful industrial factors in
connection with his/her performing of his/her job duties;
54) guarantees mean resources, methods and conditions which allow exercising
by employees of extrinsic rights in the area of social and labour relations;
55) safety standards mean qualitative and quantitative figures characterising
industrial welfare, production and work process from the viewpoint of
ensuring management, technical, sanitary and hygiene, biological and other
standards, rules, procedures and criteria designed at conservation of life and
health while performing labour activities;
56) hazardous labour conditions mean labour conditions under which the
exposure to certain industrial or irremovable natural factors will cause, if
health and safety requirements are not complied with, injury, occupational
disease, sudden health deterioration or poisoning of an employee, leading to
a loss of ability to work, either temporary or permanent, occupational
disease or death;
57) hazardous industrial factor means an industrial factor the exposure to which
may result in temporary or permanent disability (industrial injury or
occupational disease) or death of an employee;
58) multi-employment means performance by an employee of any other regular
work under an employment agreement when he/she is off-duty at his/ her
principal job;
59) employee means an individual who has labour relations with an employer
and who directly performs work under an employment agreement;
60) employee representatives mean bodies of trade unions, their associations
and/or other individuals and/or legal entities designated by employees;

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61) holidays mean days of national and public holidays in the Republic of
Kazakhstan;
62) base wage means a relatively constant portion of the wage which includes
pay by wage rates, salaries attached to a position, piece-work rates and
payments of permanent nature provided for by labour legislation, industry,
collective and/or employment agreements;
63) work accident means an impact on an employee of a harmful and/or
hazardous industrial factor when performing job duties or employer
assignments, which result in a work injury, sudden health deterioration or
poisoning of an employee, leading to a loss of ability to work, either
temporary or permanent, occupational disease or death;
64) production equipment means plants, mechanisms, devices, apparatuses and
other technical devices necessary for work or manufacturing process;
65) work injury means a damage to health suffered by an employee while
performing his/her job duties and which have resulted in a loss of ability to
work;
66) production necessity means performance of work in order to prevent or
liquidate a natural disaster or accident, or liquidate promptly any
consequences thereof, or to prevent accidents, downtime, loss of, or damage
to, the property and other emergencies, and also to substitute for absent
employee;
67) certification of industrial facilities by labour conditions means an activity
for evaluating industrial facilities, shops, divisions, work places in order to
determine the state of safety, health hazard, heaviness and intensity of work
thereat, work hygiene, and to ascertain whether the working environment
meets health and safety standards;
68) industrial sanitation means a system of sanitary, hygiene and organisational
measures and technical means that help prevent or minimise impact of
harmful industrial factors on employees;
69) compensatory payments means monetary payments connected with working
under specific working hours and labour conditions, loss of employment,
reimbursement to employees of their costs and expenses incurred by
employees while performing their job or other duties under laws of the
Republic of Kazakhstan;
70) tariff system means a variety of a compensation system, which provides for
setting differential wages on the basis of wage rates (salary) and tariff
scales;
71) tariff scale means the whole of wage grades and tariff multipliers providing
for differentiation on grounds of complexity of work performed and
professional qualification of an employee;
72) wage grade means a degree of work complexity and qualification level
indicator that are required to perform a certain work;
73) wage rate (salary) means a fixed size of payment to an employee for his
fulfilment of labour standards (job duties) of a certain complexity
(qualification) per unit of time;

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 74) disciplinary action means a measure of disciplinary punishment of an
employee imposed by an employer for a disciplinary offence committed by
such employee;
75) disciplinary offence means a violation by an employee of labour discipline,
and wrongful guilty failure to perform, or improper performance of, job
duties;
76) rest time means time during which an employee is free from performing
his/her job duties, which he/she can use in his/her discretion;
77) collective protective equipment means technical means designed to protect
simultaneously two or more employees from harmful and/or hazardous
industrial factors;
78) collective agreement means a legal instrument in the form of an agreement
in writing between a group of employees and employer, which regulates
social and labour relations in any entity;
79) overtime work means work performed by an employee, on the initiative of
the employer, outside designated working hours;
80) notice means a written application(s) given by an employee or employer or
otherwise (by courier, mail, fax or email);
81) business trip means assignment of an employee, by order of an employer,
for a certain period of time to perform his/her job duties outside his/her
permanent work place, or for training, retraining or professional
development to any other locality.
2. Other special terms and definitions used by labour legislation of the Republic of
Kazakhstan have meanings as stated in the relevant articles of this Code.

Article 2. Labour legislation of the Republic of Kazakhstan

1. The labour legislation of the Republic of Kazakhstan is based on the Constitution of
the Republic of Kazakhstan and consists of this Code and other laws and
regulations of the Republic of Kazakhstan.
2. No provisions governing labour relations, social partnership relations or
occupational health shall be included into other laws of the Republic of Kazakhstan,
unless otherwise provided by this Code.
3. If a treaty ratified by the Republic of Kazakhstan stipulates other rules than those
set forth herein, then the rules of the treaty shall apply. Treaties ratified by the
Republic of Kazakhstan shall directly apply to labour relations, except when a
treaty requires for a law to be promulgated.

Article 3. Objective and purposes of the labour legislation of the Republic of

Kazakhstan
1. The objective of the labour legislation of the Republic of Kazakhstan is the legal
regulation of labour relations and any other labour-related relations, which is
intended to protect the rights and interests of parties to labour relations and to
provide for minimum guarantees of employment-related rights and freedoms.
2. The purposes of the labour legislation of the Republic of Kazakhstan include the
creation of required legal environment intended to reach a balance of interests of

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 the parties to labour relations, economic growth, and productivity enhancement and
human welfare.

Article 4. Principles of the labour legislation of the Republic of Kazakhstan

The following shall be the principles of the labour legislation of the Republic of
Kazakhstan:
1) no restriction of human and civil rights in the area of employment;
2) freedom of labour;
3) no discrimination, unfree labour or the worst forms of child labour;
4) a secured right to labour conditions that comply with safety and hygiene
requirements;
5) precedence of the life and health of an employee over the work results;
6) a secured right to fair compensation for labour in the amount of at least
being equal to the minimum wage;
7) a secured right to rest;
8) equality of employees’ rights and opportunities;
9) a secured right of employees and employers to associate with a view to
protecting their respective rights and interests;
10) social partnership;
11) state regulation of the matters of health and safety; and
12) a secured right of employee representatives to exercise public control over
the compliance with the labour legislation of the Republic of Kazakhstan.

Article 5. No restriction of labour rights

No one may be restricted in labour rights, except as otherwise provided by this Code and
other laws of the Republic of Kazakhstan.

Article 6. Freedom of labour

Everyone shall have the right to pursue a freely chosen occupation or to freely accept an
occupation without any discrimination or compulsion whatsoever, to use his/her ability to
work, and to choose a profession or form of activity.

Article 7. No labour discrimination

1. Everyone shall enjoy equal opportunities in the exercise of his/her labour rights and
freedoms.
2. No person shall, because of his/her sex, age, disfigurements, race, ethnicity,
language, property, social or official status, place of residence, religious or political
opinions, family line, social class, or affiliation to certain social associations, be
subjected to any discrimination in the exercise of his/her labour rights.
3. Differences, exceptions, preferences or restrictions, which are based on specific
requirements to a particular occupation or conditioned upon the special care of the
State about persons in need for higher social and legal protection level, shall not
constitute discrimination.

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4. Persons believing that they have been subjected to discrimination in the area of
employment may seek protection in courts or other authorities in accordance with
the laws of the Republic of Kazakhstan.

Article 8. Prohibition of unfree labour

Unfree labour shall be prohibited.
Unfree labour shall mean any work or services, which are demanded to be performed by a
person under a threat of any punishment or which have not been offered by such person
voluntarily, unless such work:
is required under the laws of the Republic of Kazakhstan on compulsory military
service;
is part of customary civil duties of individuals under the laws of the Republic of
Kazakhstan;
is required from a person pursuant to a final court sentence, provided that the work
shall be performed under the supervision and monitoring of state agencies and that
such person shall not be placed or transferred under orders of individuals and/or
legal entities;
is required in the context of an emergency situation or war; or
is performed by members of a collective for the direct benefit of such collective,
and which may hence be considered as a customary civil duty of members of such
collective, provided that the members or representatives thereof may express their
opinion as to the advisability of such work.

Article 9. Application of this Code

1. This Code shall govern:
1) labour relations;
2) labour-related relations;
3) social partnership relations; and
4) relations arising out of health and safety.
2. Unless otherwise stipulated by treaties ratified by the Republic of Kazakhstan, this
Code shall apply to:
1) employees, including employees of organisations located within the territory
of the Republic of Kazakhstan, and whose assets, ownership interests or
shares are owned by foreign individuals or legal entities; and
2) employers, including organisations located within the territory of the
Republic of Kazakhstan, whose assets, ownership interests or shares are
owned by foreign individuals or legal entities.
3. The specifics of legal regulation of certain categories of employees shall be
determined by this Code and other laws of the Republic of Kazakhstan.
4. No law of the Republic of Kazakhstan may impair any of the rights, freedoms or
guarantees provided by this Code.

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Article 10. Employment agreements, agreements between the parties to a social
partnership, collective agreements, and employer regulations in the area of
labour
1. Labour relations and any other labour-related relations shall be governed by an
employment agreement, employer regulations, agreement, and collective
agreement.
2. Provisions of agreements between the parties to a social partnership, collective
agreements, employment agreements, or employer regulations worsening the
condition of employees as stipulated by the labour legislation of the Republic of
Kazakhstan shall be deemed void.
3. No agreements, collective agreements or employment agreements may be amended
by either party thereto in its sole discretion.

Article 11. Employer regulations

1. An employer shall issue regulations to the extent of the powers vested in it by this
Code, other laws and regulations, employment agreement, agreements, and
collective agreement.
2. In the events provided for in this Code or collective agreement, the employer may
issue regulations that are subject to the approval by, or take into account the opinion
of, employee representatives.
3. Employer regulations worsening the condition of employees as stipulated by the
labour legislation of the Republic of Kazakhstan, collective agreement, agreements,
or those issued not in compliance with paragraph 2 of this Article shall be deemed
void.

Article 12. Taking into account the opinion, or obtaining the approval, of employee
representatives when issuing employer regulations
1. In the instances provided for in this Code, agreements, and collective agreements,
an employer shall issue regulations that shall take into account the opinion of, or
must be approved by, employee representatives.
2. Before issuing regulations, the employer shall submit draft regulations and the
grounds therefor to a commission formed under Article 266 of this Code.
3. The commission shall be allowed no more than three working days to discuss the
draft employer regulations of the date of submission thereof.
4. A resolution taken by the commission shall be in the form of a protocol stating the
approval/disapproval of the draft employer regulations by the employee
representatives, and their suggestions, if any.
5. If the employee representatives disapprove or suggest improving the draft employer
regulations, the employer:
1) if approved so, shall issue regulations incorporating the suggestions made
by the employee representatives; or
2) if disapproved, may either undertake further consultations with the
employee representatives or issue regulations as initially suggested by the
employer.

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6. If no approval is obtained on draft employer regulations which require employee
representatives’ approval hereunder, a protocol shall be drawn up to reflect the
differences which have arisen, and the employer may thereafter issue such
regulations.
7. If the employer issues its regulations without taking into account the suggestions in
whole or in part, employee representatives may commence labour dispute
proceedings in accordance with this Code.
8. In the event that the regulations issued by the employer contain any provisions
violating or impairing any of the rights or guarantees granted to the employees by
this Code, employment agreement, collective agreements, or agreements, such
regulations may be appealed against with the relevant state labour inspectorate of
the authorised government labour agency or with a court.

Article 13. Calculating terms established by this Code

1. Any term established by this Code, employment or collective agreement, or
agreements shall be determined by a calendar date, or the expiry of a period of time,
which may be expressed in years, months, weeks or days. Such term may also be
determined by reference to an event which should occur.
2. In the instances stipulated by this Code, a term shall be expressed in working days.
3. A term determined by a period of time shall commence running on the next day
after the calendar date on which the event determining its commencement occurred.
4. Terms expressed in years, months or weeks shall expire on the corresponding dates
of the last year, month or week. If a term expressed in months expires in a month
which does not have a corresponding date, then the term shall expire on the last day
of such month. A term expressed in calendar weeks or days shall also include non-
working days.
5. If the last day of a term falls on a non-working day, then the expiry day of the term
shall be the first working day immediately following such day, unless otherwise
stipulated by this Code.

Article 14. Liability for a breach of the labour legislation of the Republic of
Kazakhstan
Persons in breach of the labour legislation of the Republic of Kazakhstan shall be liable in
accordance with laws of the Republic of Kazakhstan.

Chapter 2. COMPETENCE OF GOVERNMENT AGENCIES IN THE AREA OF

REGULATION OF LABOUR RELATIONS

Article 15. Competence of the Government of the Republic of Kazakhstan in the area
of regulation of labour relations
The Government of the Republic of Kazakhstan shall:
1) develop principal directions and ensure the implementation of the state
policy in the area of labour, health and safety;
2) organise the development and implementation of governmental programs in
the area of health and safety;

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 3) introduce the procedure for organising and carrying out the governmental
control in the area of health and safety;
4) determine the procedure for reporting and for keeping state statistics in the
area of health and safety;
5) introduce the procedure for employment of foreign labour;
6) determine amounts of social allowances, the procedure whereby such
allowances shall be granted and paid;
7) approve a list of types of diseases, for which a period of temporary
disability exceeding two months may be established;
8) determine the uniform procedure for calculating the average wage;
9) approve the Model Regulations on Compensation and Bonuses of
Executives in National Companies and Joint-Stock Companies the
Controlling Stakes in which are Owned by the State;
10) determine the procedure for entering the civil service and holding
competitions for filling vacancies of civil servants;
11) determine a list of positions of civil servants;
12) conclude a general agreement with national associations of employers and
national associations of employees;
13) determine the procedure for the enactment of laws and regulations
governing health and safety by relevant authorised agencies;
14) approve the plan of compensation of employees of organisations funded out
of the State budget;
15) determine the general requirements to the occupational training, retraining
and professional development of staff in organisations;
16) approve multiplying industry ratios to be determined by industry
agreements; and
17) form commissions to investigate group accidents, if more than five persons
have died.

Article 16. Competence of the authorised government labour agency in the area of
regulation of labour relations
The authorised government labour agency shall:
1) implement the state policy in the area of labour, labour safety, and
occupational health;
2) enact laws and regulations of the Republic of Kazakhstan which establish
general requirements to health and safety in all areas of activities;
3) organise the government control over the compliance with the labour
legislation of the Republic of Kazakhstan and the requirements as to health
and safety;
4) coordinate the activities of government agencies as to the development of
technical regulations governing health and safety;

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5) coordinate and ensure cooperation in the area of health and safety with other
government agencies, and also with employee and employer representatives;
6) determine the format, and procedure for maintenance and safekeeping of
labour books;
7) establish the procedure for change or revision of labour model rules and
standards;
8) establish the procedure for the submission, consideration and approval of
labour standards in organisations, with respect to services/goods/work
whereof the governmental regulation of tariffs/prices/duty rates is to be
introduced;
9) establish the procedure for the submission, consideration and approval of
parameters of the systems of compensation of employees in organisations,
with respect to services/goods/work whereof the governmental regulation of
tariffs/prices/duty rates is to be introduced;
10) register industry agreements and regional agreements to be executed on the
oblast, city of national significance, or capital city level;
11) carry on training and certification of state labour inspectors;
12) monitor the timely and impartial conduct of investigations of work accidents
in accordance with the legislation of the Republic of Kazakhstan;
13) cooperate internationally in the area of regulation of labour relations;
14) develop programs of health and safety research;
15) develop and approve the procedure and rates of allocation of milk, healthful
and dietary meals, working clothes, safety footwear and other individual
protection equipment to employees, and also establish the procedure for the
provision of employees with group protection equipment, sanitary and
welfare facilities at the employer’s expense;
16) determine the procedure for the development, revision, approval and use of
guides and qualifications;
17) consider and approve model qualifications for positions of managers,
professionals, and other employees of organisations engaged in various
types of business;
18) establish the procedure for approval of labour model rules and standards by
authorised government agencies for appropriate areas of activities;
19) subject to approval by the authorised government agency for health
protection, determine a list of jobs which may not be performed by
employees under eighteen years of age, and weight-carrying limits for
employees under eighteen years of age;
20) subject to approval by the authorised government agency for health
protection, determine a list of jobs which may not be performed by women,
and weight-lifting and weight-carrying limits for women;
21) determine a list of operations, workshops, occupations and positions, a list
of heavy work, or work under harmful (extremely harmful) and/or
hazardous labour conditions;

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 22) organise monitoring and risk assessment in the area of health and safety;
23) establish a procedure for mandatory regular certification of production
facilities by labour conditions; and
24) approve Model Regulations on the Security and Occupational Health
Service in an Organisation.

Article 17. Competence of territorial divisions of the authorised government labour

agency in the area of regulation of labour relations
Territorial divisions of the authorised government labour agency shall:
1) exercise state control over the compliance with the labour legislation of the
Republic of Kazakhstan and requirements to health and safety;
2) monitor collective agreements presented by employers;
3) analyze causes of industrial injuries, occupational diseases, occupational
poisoning, and develop suggestions as to the prevention thereof;
4) investigate work accidents in accordance with the legislation of the
Republic of Kazakhstan;
5) test the knowledge of executive employees and persons responsible for the
health and safety compliance by employers in accordance with rules to be
approved by the authorised government labour agency;
6) be members of acceptance committees for the commissioning of production
facilities;
7) cooperate with employee and employer authorised representatives on the
improvement of standards of health and safety; and
8) consider applications of employees, employers and representatives thereof
regarding health and safety.

Article 18. Competence of local executive agencies in the area of regulation of labour
relations
Local executive agencies shall:
1) issue permits to employ foreign nationals to work in the territory of their
respective political units;
2) subject to approval by the local representative agency, determine a list of
positions of professionals in health protection, social security, education,
culture and sports, working in auls (rural areas);
3) register industrial and regional agreement concluded at the city or district
level;
4) give their consents to strikes within organisations supporting the life of the
population (public transportation, and organisations supplying water,
electric and thermal power);
5) execute regional/oblast/city/district agreements with regional associations of
employers and regional associations of employees;
6) consider and approve worktime standards and parameters of the systems of
compensation of employees in organisations, with respect to

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 services/goods/work whereof the governmental regulation of
tariffs/prices/duty rates to be introduced in the procedure established by the
authorised government labour agency; and
7) set employment quotas for different categories of population determined by
the laws of the Republic of Kazakhstan.

Chapter 3. PARTIES TO LABOUR RELATIONS. GROUNDS ON WHICH

LABOUR RELATIONS ARISE

Article 19. Parties to labour relations

1. The parties to labour relations shall be an employer and employee. The head of a
branch or representative office of a foreign legal entity shall exercise all employer
powers and perform all employer obligations on behalf of such legal entity.
2. Individuals and legal entities shall act for employees or employers to the extent of
powers vested in them under laws and regulations, court judgments, foundations
documents or powers of attorney.

Article 20. Grounds on which labour relations arise

1. Labour relations shall arise as between the employee and employer based on an
employment agreement to be concluded hereunder, unless otherwise provided for
by laws of the Republic of Kazakhstan.
2. In the instances and following the procedures established by laws of the Republic of
Kazakhstan, foundation documents, or employer regulations, conclusion of an
employment agreement may be preceded by the following procedures:
1) appointment/election to the position;
2) appointment in the course of a competition for filling the respective
vacancy;
3) appointment to the position or approval of the appointment;
4) referring to work by agencies authorised by law within an existing quota; or
5) issuance of a court judgment ordering to conclude an employment
agreement.

Article 21. Conclusion of an employment agreement with individuals referred within

an existing quota
1. Local executive agencies shall establish quotas for employment of categories of
population determined by laws of the Republic of Kazakhstan.
2. Employers shall, within an existing quota, conclude employment agreements with
persons referred to them, provided that their qualifications meet the employer’s
requirements.

Article 22. Basic rights and responsibilities of employees

1. An employee shall have the right:

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1) to enter into, amend, and terminate the individual employment agreement in
the procedure and subject to the terms and conditions established by this
Code;
2) to demand from the employer to comply with the employment or collective
agreement;
3) to health and safety;
4) to be provided with complete and reliable information on the labour
conditions and occupational health measures;
5) to timely and full payments of wage in accordance with the employment and
collective agreements;
6) to get paid for downtime in accordance with this Code;
7) to rest, including annual vacation with pay;
8) to associations, including to form trade unions or other associations, and
also to membership in such associations, with a view to representation and
protection of his/her labour rights, unless otherwise provided for by laws of
the Republic of Kazakhstan;
9) to participate, through his/her representatives, in collective negotiations and
in drafting a collective agreement, and also to review the concluded
collective agreement;
10) to occupational training, retraining and professional development in
accordance with this Code;
11) to indemnification against harm to his/her health inflicted in connection
with his/her performance of work duties;
12) to mandatory social insurance in the events stipulated by laws of the
Republic of Kazakhstan;
13) to guarantees and compensations;
14) to have his/her rights and lawful interests protected by any means not
conflicting with law;
15) to equal pay for equal work without any discrimination whatsoever;
16) at his/her sole discretion, to refer any labour disputes to a conciliation
commission or court;
17) to a work place equipped in accordance with the health and safety
requirements;
18) to be provided with individual and group protection equipment and special
clothing in accordance with the requirements in the legislation of the
Republic of Kazakhstan governing health and safety, and also in the
employment and collective agreements;
19) to refuse to perform any work if a situation has arisen which jeopardises
his/her health or life, having notified accordingly his/her direct supervisor or
employer representative;

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 20) to preserve his/her the average wage for periods of suspended operations of
his/her organisation due to its failure to comply with the health and safety
requirements;
21) to request the authorised labour agency or its territorial divisions to inspect
the health and safety conditions at the work place, and also to participate by
proxy in the inspection and consideration of matters related to the
improvement of labour conditions, health and safety;
22) to appeal acts/omissions of the employer in the area of health and safety;
23) to receive remuneration for his/her labour in accordance with the
qualification and complexity of his/her work, with the volume and quality of
the work performed, and also with the labour conditions;
24) to participate in the management of an organisation in the manner provided
for by this Code, other laws of the Republic of Kazakhstan, and the
collective agreement; and
25) to have his/her individual and collective labour disputes resolved, including
the right to strike, in accordance with this Code and other laws of the
Republic of Kazakhstan.
2. An employee must:
1) perform his/her work duties in accordance with the individual and collective
agreements, and employer regulations;
2) observe the labour discipline;
3) comply with the health and safety requirements, fire safety rules, and
industrial sanitation rules at his/her work place;
4) treat employer’s and employees’ property with care;
5) inform the employer of any situation, which jeopardises the human life or
health, safe condition of the employer’s or employees’ property, and also of
any downtime which has occurred;
6) not disclose any information constituting state secrets, or official,
commercial or other secrets protected by law, which has become known to
him/her in connection with the performance of his/her work duties; and
7) to the extent provided by this Code, indemnify the employer for any harm
caused to it.
3. An employee shall have other rights and responsibilities hereunder.

Article 23. Basic rights and obligations of employers

1. An employer shall have the right:
1) to choose freely when hiring new employees;
2) to amend and terminate employment agreements with employees in the
procedure and on the grounds established by this Code;
3) to issue employer regulations to the extent of its authority.
Regulations regarding changes in labour conditions shall be issued only in
accordance with Article 48 of this Code;

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 4) to form and join associations with the aim of representing and defending its
rights and interests;
5) to demand that its employees fulfil the terms and conditions of the
employment and collective agreements, internal labour policy, and other
employer regulations;
6) to provide incentives to employees, to impose disciplinary sanctions and to
hold them materially liable in the events and procedure provided for by this
Code;
7) to indemnification against harm caused by an employee during the
performance of his/her work duties;
8) to apply to court seeking protection of its labour-related rights or lawful
interests;
9) to establish a probation period for employees; and
10) to compensation of its costs associated with an employee’s training,
provided this is stipulated by the provisions of the relevant employment
agreement.
2. An employer must:
1) comply with the requirements of the labour legislation of the Republic of
Kazakhstan, agreements, collective agreement, employment agreement, and
its employer regulations;
2) when hiring, enter into employment agreements with employees in
accordance with the procedure and requirements provided for by this Code;
3) exercise internal control over health and safety;
4) assign the work to an employee as stipulated by the relevant employment
agreement;
5) pay to employees in full and in time wages and other payments stipulated by
laws and regulations of the Republic of Kazakhstan, employment
agreement, collective agreements, and employer regulations;
6) familiarise the employee with the employer regulations and collective
agreement;
7) provide employee representatives with complete and reliable information as
may be required to carry out collective negotiations, enter into collective
agreements, and to monitor the performance thereof;
8) consider suggestions made by employee representatives, hold collective
negotiations, and enter into a collective agreement in the procedure
established by this Code;
9) provide labour conditions to employees in accordance with the labour
legislation of the Republic of Kazakhstan, employment and collective
agreements;
10) at its own expense, provide employees with equipment, tools, technical
documentation, and other facilities as may be required for the performance
of work duties;

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 11) comply with orders of state labour inspectors;
12) suspend operations, which, if continued, would jeopardise employees’ and
other persons’ life or health;
13) carry out mandatory social security of employees;
14) maintain insurance against civil liability for causing harm to employee’s life
or health during the performance by the latter of his/her work duties;
15) grant annual vacations with pay to its employees;
16) ensure safe keeping and submit to the state archive documents confirming
employees’ labour activity and information on money deducted towards
their pension security;
17) warn employees of harmful (extremely harmful) and/or hazardous labour
conditions and the possibility of occupational disease;
18) take measures to prevent risks at work places and in production processes,
carry out preventive actions subject to production, scientific, and technical
progress;
19) keep accurate work time records including overtime work, harmful
(extremely harmful), hazardous labour conditions, and heavy physical
labour performed by each employee;
20) ensure that its employees receive occupational training, retraining and
professional development upgrading in accordance with this Code;
21) in accordance with the legislation of the Republic of Kazakhstan, indemnify
employees for harm caused to their life or health;
22) provide officials of the authorised labour agency and territorial divisions of
the authorised government labour agency, employee representatives, public
health inspectors with free access for the inspection of labour safety, labour
conditions and occupational health in organisations, of the compliance with
the health and safety legislation of the Republic of Kazakhstan, and also for
investigation of work accidents and occupational diseases; and
23) when hiring an employee, demand documents required to enter into an
employment agreement in accordance with Article 31 of this Code.
3. An employer shall have other rights and responsibilities hereunder.

SPECIAL PART

SECTION 2. LABOUR RELATIONS

Chapter 4. EMPLOYMENT AGREEMENT

Article 24. The subject matter of an employment agreement

Under an employment agreement, the employee shall perform work (labour function),
which requires appropriate qualification, for the remuneration, and shall abide by the
internal labour policy, while the employer shall ensure the labour conditions, pay to the
employee the wage and other payments as provided for by the labour legislation of the

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 Republic of Kazakhstan, employment agreement, collective agreement, agreement of the
parties in full and in time.

Article 25. Guarantees of equality of the rights and opportunities when concluding an
employment agreement
1. There shall be prohibited to violate the equality of the rights and opportunities when
concluding an employment agreement.
2. Pregnancy or children younger than three years, minority or disability shall not
restrict the right to conclude an employment agreement, except as may be otherwise
prescribed in this Code.
At request of persons of the categories referred to in the paragraph of this clause
above, an employer must explain in writing the reason for refusal.
3. If it is established that the rights and opportunities have been violated when
concluding an employment agreement, the employer shall be held liable in accordance with
laws of the Republic of Kazakhstan.

Article 26. Restrictions on conclusion of the employment agreement

No employment agreement shall be concluded:
1) with respect to the work, which the person is prohibited to perform due to
his/her state of health, based on the medical certificate;
2) with persons under eighteen years of age with respect of a heavy work, or
work connected with harmful (extremely harmful) and/or hazardous labour
conditions, and with respect to position and jobs, which imply full material
liability of the employee for failure to ensure the safety of the property and
other valuables of the employer;
3) with individuals who have no right to occupy certain position or perform
certain activity y reason of a final court judgment;
4) with foreigners or stateless individuals, who temporarily stay in the
Republic of Kazakhstan, until and unless the permit of the local executive
body is obtained for the employment of foreign labour in the procedure
established by the Government of the Republic of Kazakhstan, or in breach
of the limitations and exceptions established by laws of the Republic of
Kazakhstan.

Article 27. Difference of an employment agreement from any other types of

agreements
The distinctive features of an employment agreement from any other types of agreements
are that it must meet one of the following conditions:
1) performance by an employee of work (labour function) requiring a specific
qualification, or on speciality, occupation or position;
2) personal performance of the obligations in compliance with the internal
labour policy;
3) getting by an employee of the wage for his/her labour.

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Article 28. Contents of an employment agreement
1. An employment agreement shall contain:
1) details of the parties:
surname, name and patronymic (if indicated in the identity document) of the
employer, where the employer is a natural person, the address of his/her
permanent residence, description, number and date of issue of his/her
identity document, and taxpayer registration number;
full name of the employer, where the employer is a legal entity, and its
location, number and date of its state registration, and taxpayer registration
number;
surname, name and patronymic (if indicated in the identity document) of the
employee, description, number and date of issue of his/her identity
document, individual identification number, taxpayer registration number,
and social individual code;
2) work on a particular speciality, qualification or position (labour function);
3) place where the work will be performed;
4) term of the employment agreement;
5) employment commencement date;
6) working time and rest time schedule;
7) amount and terms of payment of the wage;
8) characteristics of the labour conditions, guarantees and benefits if the work
is performed under heavy and/or harmful (extremely harmful) or hazardous
conditions;
9) rights and obligations of the employee;
10) rights and obligations of the employer;
11) amendment and termination of the employment agreement;
12) guarantees and compensatory payments, and procedure of their payments;
13) terms of insurance;
14) liability of the parties;
15) date of conclusion and file number of the agreement.
2. By agreement between the parties, other terms and conditions that do not contradict
the laws of the Republic of Kazakhstan may also be included in the employment
agreement.
3. The provisions of the employment agreement that worsen the position of the
employees as compared with the labour legislation of the Republic of Kazakhstan
shall be deemed invalid.

Article 29. Term of an employment agreement

1. An employment agreement may be concluded:
1) for an indefinite period of time;

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 2) for a definite period of time which must be at least one year, except as set
out otherwise in Article 29.1.3-29.1.5.
In the event that an employment agreement is renewed with an employee,
with whom the employment agreement has been concluded for a definite
period of time of at least one year, including extension of the employment
agreement, the employment agreement shall be deemed concluded for an
indefinite period of time.
It is prohibited to conclude an employment agreement for a definite period
of time so as to evade providing guarantees and compensations as
established for employees who conclude an employment agreement for an
indefinite period of time.
If upon expiration of the term of the employment agreement, none of the
parties requires the termination of labour relations within 24 hours, the
employment agreement shall be deemed concluded for an indefinite period
of time;
3) for a period of performance of a certain work;
4) for a period of replacement of a temporarily absent employee;
5) for a period of performance of a seasonal work.
2. An employment agreement with a person for a position of the head of the executive
body of the employer which is a legal entity shall be concluded for a term
established in the foundation documents of the employer or by the agreement of the
parties. The provisions of Article 29.3 shall not apply to such agreements.
3. If the term is not fixed in the employment agreement, then the employment
agreement shall be deemed concluded for an indefinite period of time.

Article 30. Minimum age reaching which a person may conclude an employment
agreement
1. An employment agreement may be concluded with persons who have reached the
sixteen years of age.
2. With written consent of one of the parents, tutor, guardian or adoptive parents, an
employment agreement may be concluded with:
1) a person who has reached the age of fifteen, if he/she has graduated from the
secondary school;
2) a student who has reached the age of fourteen to perform some work that is
not harmful to his/her health and that does not interfere with the schooling
process, in the time free from schooling;
3) an individual who has not reached the age of fourteen in organisations
operating in the filming industry, theatres, theatrical and concert
organisations, and circuses in order to participate in the creation and/or
performance of some staging which is not harmful to his/her health and
moral development subject to the conditions defined in sub-paragraph 2(2)
of this Article.

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 3. In the instances described in paragraph 2 of this Article, apart from a minor, the
employment agreement should be signed by one of his/her parents, tutor, guardian
or adoptive parent.

Article 31. Documents required for the conclusion of an employment agreement

1. The following documents are required for the conclusion of an employment
agreement:
1) identity card and passport (birth certificate for the persons under sixteen
years of age);
2) residence permit or identity card of the stateless person (for foreigners and
stateless persons who permanently reside in the Republic of Kazakhstan);
3) document evidencing education, qualification, special knowledge or
professional skills, if an employment agreement concerns work, which
requires special knowledge, qualification and skills;
4) document evidencing the work experience (for those who have any work
experience);
5) document of military registration (for those liable to military service and
who is subject to call);
6) document of pre-admission medical certification (for those obliged to pass
pre-admission examination in compliance with this Code and legislation of
the Republic of Kazakhstan); and
7) copies of certificates of assignment of the taxpayer registration number and
social individual code.
2. An employer shall have no right to demand any documents not listed under
paragraph 1 above.
3. If an employer retains or temporarily keeps, with consent of the employee, the
original documents in order to comply with the legally required procedures, the
employer shall issue to the employee a written letter of commitment to return the
documents.

Article 32. Procedure for conclusion, modification of and amendment to the

employment agreement
1. An employment agreement shall be concluded in writing in, at least, duplicate and
signed by the parties. Each of the employer and employee shall retain one original
of the employment agreement. The receipt of an original of the employment
agreement by the employee shall be confirmed in writing.
2. Any modifications of, or amendment to, the employment agreement, including in
connection with the transfer to another job, shall be in writing and made in the
manner defined in paragraph 1 of this Article.
Any proposals as to modification of the terms and conditions of the employment
agreement shall be made in writing, and shall be considered by the other party
within seven calendar days from the date of submission of such proposals.
3. An employment agreement with officials of the executive body of an organisation
shall be concluded by the owner of the property of such organisation, or its

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 authorised representative or body, in the procedure prescribed by the foundation
documents of such organisation.

Article 33. Documentation of employment

1. The employment shall be documented by the employer regulations issued based on
the concluded employment agreement.
2. The employer shall, within three days, familiarise the employee with the employer
regulations. The employee shall signify that he/she is familiarised with the employer
regulations by signing thereof.
3. At request of the employee, the employer shall provide the employee with a duly
certified copy of such employer regulations.
4. When hiring, the employer shall brief the employee on the internal labour policy of
the organisation, other employer regulations relating to the job (labour function) to be
performed by the employee, and on the collective agreement.

Article 34. The documents confirming labour activity of the employer

To prove the employee’s working career, either of the following documents may be used:
1) labour book;
2) employment agreement (indicating the date and reason of its termination);
3) extracts from the employer regulations to confirm creation and termination
of the labour relations by way of the conclusion and termination of the
employment agreement;
4) extract from the payroll register;
5) employment history (information of the work experience and previous
employments of the employee) signed by the employer and certified by the
seal of the organisation, or by a notary; and
6) archive certificate containing information about employment history of the
employee.

Article 35. Labour book

1. The labour book is a document that contains information about the employment
history of the employee.
2. The form, procedure for maintenance and safekeeping of labour books shall be
established by the authorised government labour agency.
3. The employer must enter into the labour book complete information about
employment of the employee with this employer.
4. The entries in the labour book as to the reasons for termination of the employment
agreement shall be made with reference to the provisions of this Code.

Article 36. Probation requirement under the employment agreement

1. An employment agreement may provide for the probation with a view to checking
whether the employee’s qualification is adequate for the job assigned. In absence
of the probation requirement under the employment agreement, the employee shall
be deemed employed without any probation period.

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 2. The probation period shall start from the effective date of the employment
agreement.
3. The rules of this Code, terms and conditions of the employment agreement and the
collective agreement shall apply to the employee for the duration of the probation.
4. The probation shall be included into the duration of employment, and may not be
longer than three months. The probation shall not include the period when the
employee was absent from his/her work place.
5. When employing the following categories of persons, no probation shall be
required for:
persons who are employed through the competition to fill in a relevant position;
graduates of universities or vocational colleges who take employment by their
specialty for the first time; and
disabled persons.

Article 37. Results of probation

1. If the result of the work of the employee during probation is not satisfactory, the
employer shall have the right to terminate the employment agreement with such employee
by giving a seven-calendar day prior written notice prior to the expiry of the probation,
which shall indicate the reasons why the employee is deemed failed the probation.
2. If the term of probation has expired, and neither party requested termination of the
employment agreement, the employee shall be deemed as having passed the probation.
3. If the employee is appointed by the employer to a higher position before the
probation has expired, the employee shall be deemed as having passed the probation.

Article 38. Commencement of the employment agreement

1. The term of the employment agreement shall commence from the date of its signing
by the parties, or from the date written therein.
2. The employee shall be actually admitted to perform the work only after the parties
have signed the employment agreement.
3. In case there is no employment agreement and/or employment agreement has not
been duly executed through the fault of the employer, the employer shall be held liable in
the manner established by laws of the Republic of Kazakhstan. In such a case the labour
relations shall be deemed as having arisen on the date when the employee took up work.

Article 39. Invalidity of the employment agreement

1. The employment agreement may be invalidated by court, if the employment
agreement has been concluded:
1) under the influence of deception, force, threat;
2) without the intent to create actual or legal consequences (fictitious
employment agreement);
3) with a person who has been declared legally incapable;
4) with a person under fourteen years of age, except as otherwise permitted
under sub-paragraph 2(3) of Article 30 of this Code; and

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 5) with a person under sixteen years of age, without written consent of one of
his/her parents, tutor, guardian or adoptive parent;
2. The invalidation of the employment agreement through the fault of the employer
shall not result in loss by the former employee of the right to receive payment for his/her
work, compensatory payment for unused vacation days remaining from the annual vacation
with pay, other payments and benefits.
3. The invalidation of the employment agreement through the fault of the employer or
employee shall entail their liability under laws of the Republic of Kazakhstan.
4. The invalidity of certain terms of the employment agreement shall not cause the
invalidity of the employment agreement as a whole.

Article 40. Prohibition to work not defined in the employment agreement

An employer shall have no right to demand that the employee perform work not defined in
the employment agreement, unless otherwise prescribed under this Code and the laws of
the Republic of Kazakhstan.

Article 41. Transfer of an employee to another job

1. The following actions shall constitute the transfer of an employee to another job:
1) change in work (labour function) performed by the employee, i.e.
performance of work on other position, speciality, profession, qualification;
2) assignment of work, the performance of which entails changes to the labour
conditions (size of wage, work and rest schedule, benefits and other
conditions) as provided for in the employment agreement;
3) transfer to a separate structural subdivision of the employer; and
4) transfer to any other locality together with the employer;
2. Transfer of an employee to another job shall only be permitted with consent of the
employee, and shall be documented by way of amendments to the employment
agreement and issue of employer regulations, except as otherwise prescribed by this
Code.
3. Transfer of the employee within the same employer to another work place, other
structural subdivision of the same employer in the same locality, assignment of
work at any other plant or equipment, unless such transfer or assignment result in
the changes described in paragraph 1 of this Article, shall not be deemed to be the
transfer to another job and shall not require consent of the employee.

Article 42. Redeployment of an employee to another locality together with the

employer
1. An employer must notify the employee in writing no later than one month prior to
the anticipated relocation of the employer to any other locality unless the employment
agreement or collective agreement require longer period of notice.
2. The employer shall make to the employee compensatory payments relating to the
relocation of the employee to any other locality together with the employer, as specified in
Article 153 of this Code.

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3. In the event that the employee gives a written refusal to relocate to any other
locality together with the employer, the employment agreement shall be terminated on the
ground defined in sub-paragraph 1(1) of Article 59 of this Code.

Article 43. Temporary transfer to another job in case of production necessity

In case of production necessity, including temporary replacement of an absent employee,
an employer shall have the right to transfer an employee, without his/her consent, to
another job not defined in the employment agreement in the same organisation and in the
same locality for a maximum of one month in a calendar year, which job shall not be
against the medical advice for health reason, and the wage shall be payable for the job
performed but such wage shall not be lower than the average wage for the previous job.

Article 44. Temporary transfer to another job in case of downtime

1. In case of downtime an employer shall have the right to transfer an employee
without his/her consent but with due account of his/her speciality and qualification, to any
other job, which job shall not be against the medical advice for health reason, for a
maximum of one month in a calendar year.
2. In case of downtime the employee shall be paid for the work performed, and at least
two thirds of his/her wage for the previous job.
If the employee refuses in writing to continue his employment due to the change in
the labour conditions, the employment agreement with the employee shall be
terminated on the ground defined in sub-paragraph 1(2) of Article 59 of this Code.

Article 45. Temporary reassignment to another job for health reasons

1. An employee may be temporarily reassigned to any other lighter job, for health
reasons, for a period of time stated in the medical certificate. By agreement of the
parties, the employee may be paid the same rate of wages, which he/she would have
otherwise received if he/she continued in his/her previous job.
2. In case of damage, occupational disease or other injury to health suffered by an
employee as a result of performance of his/her job duties, an employer must
reassign such employee to a lighter job or release his/her from job until he/she
recover or is declared incapable to work, and pay damages according to the civil
laws and regulations of the Republic of Kazakhstan, and in compliance with the
terms and conditions of the employment agreement and collective agreement.
3. If the employee, who, in connection with the performance of his/her job duties,
suffered damage, occupational disease or other injury to health which does not
relate to the production, refuses in writing to be reassigned to another job, the
employment agreement with such employee shall be terminated on the ground as
specified in Article 59.1.4 of this Code.

Article 46. Restriction on the transfer of an employee to another job

It is not allowed to transfer the employee to another job, which job is against medical
advice for health reason evidenced by a medical certificate.

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 Article 47. Transfer of an employee to another work place. Change in the title of
position (job)
1. No consent of the employee shall be required to transfer to any other work place or
any other structural subdivision in the same locality, or assignment to operate any other
plant or equipment within the function in the position, speciality, profession, qualification
as implied by the employment agreement, except to the extent that the work in other
structural subdivision, or at another work place, and with other plant or equipment
encompasses other labour conditions.
2. The change in the title of the position (job) of the employee, structural subdivision,
change in the structure of management, which does not entail for the employee any change
in the labour conditions and/or terms and conditions of the employment agreement, may be
made by the employer without consent of the employee.

Article 48. Change in the labour conditions

1. To the extent changes occur in respect of the work organisation, including upon
reorganisation and/or decrease of employer’s scope of work, the labour conditions of the
employee may be changed if he/she continues to work in the same position, speciality or
profession of respective qualification as provided for by his/her employment agreement.
In case of change of the labour conditions, appropriate changes and amendments
shall be introduced to the employment agreement and/or collective agreement.
2. The employer shall give the employee and/or his/her representatives a no less than
one-month prior notice of the intended change in the labour conditions, unless a longer
notice period is required by the employment agreement or collective agreement.
If the employee does not agree to continue working under new conditions, the
employer shall offer the employee in writing any other work, if any, suitable to
his/her qualification and state of health, and in absence of such work the employer
shall offer the employee the vacant lower-level or lower-pay work, which the
employee may carry out, considering his/her qualification and state of health.
3. If the employee refuses in writing to continue working by reason of changed labour
conditions, his/her employment agreement shall be terminated on the ground as stated in
sub-paragraph 1(2) of Article 59 of this Code
4. Should the circumstances described in paragraph 1 of this Article 48 result in
reduction of the staff or the number of staff, the employer may introduce a part-time work
with a view to preserving jobs, and subject to the opinion of the employee representatives.
The cancellation of the part-time regime, which may entail the reduction in the staff
or the number of staff, shall be made by the employer subject to the opinion of the
employee representatives.

Article 49. Labour relations in case of change in the name, departmental affiliation,
change of owner of the assets, or reorganisation, of the employer
In the event of any change in the name, departmental affiliation, change of owner of the
assets, or reorganisation, of the employer, the labour relations with employees shall remain
unchanged.

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 Article 50. Suspension from work
1. To the extent permitted by laws of the Republic of Kazakhstan, the employer must
suspend the employee from his/her work based on the resolutions of competent
government authorities.
2. In addition to paragraph 1 of this Article, the employer must suspend the employee
from work if the employee:
1) appears at work in a condition of alcoholic, narcotic, toxic or other type of
intoxication (or any similar condition), or uses the intoxicating substances
during a working day;
2) failed to pass the examination in safety and labour protection rules;
3) neglects the use of required personal protective gear and/or collective
protective equipment provided by the employer;
4) failed to pass the medical examination, or pre-shift examination, where such
examinations are obligatory in accordance with laws and regulations of the
Republic of Kazakhstan; and
5) his/her actions or omission to act may result in emergency, violation of the
rules of occupational heath, fire safety or transportation safety.
3. For a period of suspension of the employee from work, the employee shall not be
paid any wage or allowance for temporary disability, except for the maternity benefits.
4. The employee shall be suspended from work until the reasons for suspension have
been identified and/or remedied.
5. The employee shall be paid the wage in case he/she has been suspended from work
illegally.

Article 51. Grounds for the termination of an employment agreement

An employment agreement may be terminated on the following grounds:
1) termination by agreement of the parties;
2) expiry of the term of the employment agreement;
3) termination on the initiative of the employer;
4) termination on the initiative of the employee;
5) due to circumstances beyond the parties’ control;
6) refusal of the employee to continue the labour relations;
7) transfer of the employee to the elected post (position) or his/her appointment
to the office, which prevent from continuing the labour relations, except as
otherwise provided for by laws of the Republic of Kazakhstan;
8) breach of the terms and conditions of the employment agreement; and
9) the grounds stated in the employment agreement concluded with the head of
the executive body of the employer.

Article 52. Termination of the employment agreement by agreement of the parties

1. The employment agreement may be terminated by agreement of the parties.

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 2. A party to the employment agreement wishing to terminate the employment
agreement shall send an appropriate notice to the other party.
3. The recipient party shall, within three working days, notify the other party in
writing of its decision in respect thereof.
4. The date of termination of the employment agreement by agreement of the parties
shall be determined by agreement between the employer and employee.
5. With consent of the employee, the employment agreement may provide that the
employer shall have the right to terminate the employment agreement otherwise
than in accordance with the requirements set out in paragraph 2 of this Article 52,
in which case the employer shall pay compensatory payment in the amount of no
less that the average annual wage.

Article 53. Termination of the employment agreement upon expiry of its term
1. The employment agreement concluded for a definite period of time shall be
terminated due to the expiry of its term.
2. The last day of the employee’s work term as stated in the employment agreement
shall be the date of expiry of the employment agreement concluded for a definite period of
time.
3. The day when the work is completed shall be the date of expiry of the term of the
employment agreement concluded for a term of performance of certain work.
4. The day when the employee, whose work place (position) is preserved, returns to
work shall be the date of expiry of the employment agreement concluded for a time of
replacement of a temporarily absent employee.
5. If, upon expiry of the employment agreement, the labour relations continue
effectively, and neither of the parties demand termination of the labour relations, the term
of the employment agreement shall be deemed extended for an indefinite period of time.

Article 54. Grounds for termination of the employment agreement on the employer's
initiative
1. An employment agreement may be terminated on the employer's initiative in the
following cases:
1) liquidation of the employer being a legal entity or termination of the activity
by the employer being a natural person;
2) reduction in the number of employees or staff;
3) unfitness of the employee to the occupied position or performed work due to
inadequate qualification;
4) unfitness of the employee to the occupied position or performed work for
health reasons precluding him/her from continuing the work;
5) unsatisfactory result of work during probation;
6) absence of the employee at work place without a valid excuse for more than
three consecutive hours in one working day (shift);
7) appearance at work in a condition of alcoholic, narcotic, toxic or other type
of intoxication (or similar conditions), including the cases of taking during a

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 working day of the substances causing alcoholic, narcotic, toxic or other
type of intoxication (or similar conditions);
8) violation by the employee of the rules of occupational heath, fire rules,
traffic and transportation rules or regulations which has caused or could
have caused serious consequences, including accidents and injury;
9) stealing (including petty stealing) by the employee at work place of other
people property, intentional destruction of, or damage, to such property,
which fact has been established by the final sentence or final judgment of
the court;
10) commitment of any guilty actions or omission to act by the employee, who
serves commodity or monetary values, if such an act or omission to act
results in loss of trust in the employee by the employer;
11) commitment by the employee who performs any education functions of an
amoral offence which is inconsistent with continuation of such work;
12) disclosure by the employee of any information which constitutes the state
secret and other legally protected secrets that have became known to
him/her in connection with performance of his/her job duties;
13) repeated failure by the employee to perform or improper performance of
his/her duties without good reasons, following the issue of a written warning
by the employer;
14) in case the employee has been denied an access to the state secrets to the
extent prescribed by laws of the Republic of Kazakhstan;
15) in case the employee submitted to the employer knowingly misleading
documents or information when concluding the employment agreement, if
the genuine documents or information could have constituted a ground to
reject the conclusion of the employment agreement;
16) breach by the head of the executive body of the employer, his/her deputy or
head of a subdivision of the employer of the job duties, which breach has
caused material damage to the employer;
17) failure by the employee to appear at work for more than two months in a
row due to temporary sickness or incapacity, except for maternity leave and
diseases which are on the list of diseases approved by the Government of
the Republic of Kazakhstan, for which a longer term of rehabilitation of the
ability to work or disability has been established;
The job (position) of the employee who has lost the ability to work due to
injury at work or occupational disease shall be preserved until he/she
recovers his/her ability to work, or disability is established; and
18) commitment by the employee of a corruption breach of law, which by
judgment of the court, excludes the possibility to continue working.
2. For certain categories of employees this Code provides for additional grounds for
termination of employment agreement on the initiative of the employer.

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 Article 55. Restrictions on the possibility to terminate the employment agreement on
the employer's initiative
It shall not be allowed to terminate the employment agreement on the initiative of the
employer during the period of temporary disability and annual vacation with pay of the
employee, except as otherwise provided for in Article 54.1.1 of this Code.

Article 56. The procedure for termination of the employment agreement on the
employer's initiative
1. On the grounds defined in Articles 54.1.1 and 54.1.2 of this Code the employer
must give to the employee a one month prior written notice of termination of the
employment agreement, unless the employment agreement or collective agreement provide
for a longer period of notice. With written consent of the employee, the employment
agreement may be terminated prior to the expiration of the notice period.
2. The employment agreement concluded with employees who are members of the
trade union shall be terminated on the grounds as stated in Articles 54.1.2 and 54.1.3, and
the employment agreement shall be terminated in accordance with Article 59.1.2 of this
Code only subject to the well-reasoned opinion of the trade union existing at the employer
organisation, and in the procedure provided for in the collective agreement.
3. If the employment agreement is terminated in accordance with Article 54.1.4 of this
Code due to unfitness of the employee to the position occupied or work performed for
health reasons precluding him/her from continuing the work, such unfitness shall be proved
by the medical examination certificate issued in the procedure established by laws of the
Republic of Kazakhstan.
4. The termination of the employment agreement on the grounds stated in Articles
54.1.6-54.1.13, 54.1.16 of this Code shall be subject to the proper application of the
disciplinary action procedure defined by Article 73 hereof, and in accordance with the
requirements under Article 74 of this Code.
5. When dissolving the employment agreement on the grounds stated in Article
[Link] of this Code, the employer shall first take steps to transfer the employee to another
job, should the employee agree to such transfer.
6. If the employment agreement is terminated in accordance with Articles 54.1.2-
54.1.4 of this Code due to unfitness of the employee to the position occupied or work
performed by reason of his/her inadequate qualification, such lack of qualification shall be
proved by the opinion of the personnel review commission, which shall include the
employee representative as its member, unless otherwise prescribed by laws of the
Republic of Kazakhstan.
The procedure for, terms of, and frequency of the performance evaluation of
employees shall be defined by the collective agreement, and or by the employer
regulations where there is no collective agreement.

Article 57. Grounds for termination of the employment agreement on the employee's
initiative
1. An employee may terminate the employment agreement on his/her initiative,
having delivered to the employer a no less that a one-month prior written notice, unless
otherwise required in accordance with Article 57.4.

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2. By agreement between the employer and employee, the employment agreement
may be terminated prior to the expiration of the notice period referred to in paragraph 1
above.
3. The employee shall notify the employer in writing of termination of the
employment agreement on the date stated in the letter of resignation, if the employment
agreement is terminated due to impossibility to continue with the work.
4. The employee shall have the right to notify the employer in writing of the breach by
the employer of the terms and conditions of the employment agreement. Should, upon a
seven-day period of time, the breach of the terms and conditions of the employment
agreement stays remains, the employee shall may terminate the employment agreement, by
at least a three-day prior written notice to the employer.
5. During the notice period referred to in this Article the employee shall have the right
to withdraw his/her letter of resignation.
6. Upon expiration of the notice period prescribed in this Article, the employee may
stop working, and the employer shall be obliged to give out to the employee the documents
relating to his/her work together with the money due.
7. For certain categories of employees this Code provides for a special procedure for
termination of the employment agreement on the employee initiative.

Article 58. Termination of the employment agreement due to circumstances beyond

the parties’ control
1. An employment agreement shall be terminated due to the following circumstances
beyond the parties’ control:
1) where the employee is called to the military service no later than within
three days upon presentation of a relevant document by the employee;
2) upon a court sentence convicting the employee or the employer being a
natural person having become effect so as to make the continuation of the
previous employment impossible;
3) in case of death or declaration of the employee or employer, if the employer
is a natural person, by the court dead or missing;
4) in case the court finds the employee incapable or practically incapable of, as
a result of which he/she is unable to continue the previous work; and
5) in case of reinstatement of the employee who performed such job before.
2. The date of termination of the employment agreement on the grounds as stated in
Articles 58.1.2-58.1.4 of this Code shall be the date of the court judgment or sentence
coming into legal force, or the date of death.

Article 59. Termination of the employment agreement for refusal of the employee to
continue the labour relations
1. An employment agreement shall be terminated for refusal of the employee to
continue the labour relations in case of:
1) refusal of the employee to relocate to any other locality together with the
employer;

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 2) refusal of the employee to continue employment due to change in the labour
conditions;
3) refusal of the employee to continue employment due to reorganisation of the
employer being a legal entity; and
4) refusal of the employee to be transferred to any other job where he/she,
while performing his/her job duties, acquires an injury, occupation disease
or other harm to health not associated with the production process.
2. The employment agreement shall be terminated only if the refusal of the employee
to continue the labour relations has been executed in writing.
3. It shall not be permitted to terminate the labour relations during the period of
temporary disability of the employee (including during the maternity leave) and vacation.

Article 60. Termination of the employment agreement for transfer or nomination of

the employee to an elective post (position)
An employment agreement shall be terminated in the event that the employee is transferred
or nominated to the elective post (position), if the laws of the Republic of Kazakhstan do
not allow the persons who occupy such positions to take other paid positions.
The basis for such termination shall be a notice from the employee to the employer or
statement about nomination of the employee to such post (position).

Article 61. Termination of the employment agreement for breach of the requirements
to conclusion of the employment agreement
1. An employment agreement shall be terminated for breach of the requirements to
conclusion of the employment agreement, if such breach precludes from continuing the
labour relations in case of:
1) the employment agreement has been concluded for performance of the job,
which is against the medical advice for health reason based of the medical
examination certificate;
2) the employment agreement has been concluded for performance of the job
in violation of the valid sentence or judgment, which prohibits a person to
occupy certain positions or perform certain activities;
3) the employment agreement has been concluded with a foreigner or a
stateless person without having first obtained in due procedure a work
permit entitling it to employ foreigners and stateless persons, and in
violation of the limitations or exceptions established by laws of the Republic
of Kazakhstan; and
4) in other cases set out in laws of the Republic of Kazakhstan.
2. The employment agreement shall be terminated on the grounds as stated in Articles
61.1.1-61.1.2 only if it is impossible to transfer the employee with his/her consent to any
other job the employer has, in regards to performance of which there are no limitations.
With consent of the employee to be transferred to any other job, an employment agreement
shall be concluded.
3. On the termination of the employment agreement under Articles 61.1.1, 61.1.3, the
employer shall pay to the employee a compensatory payment in the amount of the average
wage for three (3) months.

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 Article 62. Documentation of termination of the employment agreement
1. The termination of the employment agreement shall be documented by an employer
regulation, except for the termination of the employment agreement by reason of death
(declaration by the court as dead or missing) of the employer being a natural person, and
termination of the employment agreement with household workers.
2. The employer regulations must state the reason for the termination of the
employment agreement, in accordance with this Code.
3. The date of termination of the employment agreement shall be the last day of work,
except as otherwise prescribed by this Code.
4. A copy of the employer regulations with regard to the termination of the
employment agreement shall be provided or sent to the employee by a registered letter
within three days.

Article 63. Issue of the labour book and documents relating to the labour activity
1. On the day of termination of the employment agreement the employer must give
out to the employee his/her labour book or any other document evidencing his/her
employment.
2. At request of the employee (including the former one), the employer must, within
five working days from the date of request, issue a certificate indicating the speciality
(qualification, position), period of work and the amount of wage, a letter of
recommendation containing information about qualification of the employee and his/her
attitude towards the work, as well as other documents prescribed by this Code.
3. In case of liquidation or bankruptcy of the employer that is a legal entity,
termination of the activities of the employee who is a natural person, the employer must
issue to the employee a duly executed certificate in respect of the amount of debt (if any)
due to the employee with regards to the wage and other payments.

Chapter 5. PROTECTION OF PERSONAL DATA OF THE EMPLOYEE

Article 64. Personal data of an employee and their processing

Personal data of an employee is the information about the employee required at the
moment of creation, continuation and termination of the labour relations.
Processing of personal data of the employee means receipt, safekeeping and transfer of the
personal data of the employee.

Article 65. Requirements to processing of personal data of the employee

When processing personal information of an employee, the employer must observe the
following requirements:
1) personal data of an employee shall be processed with the purpose of
ensuring the compliance with laws and other regulations, assisting the
employees in getting an employment, training and promotion, and ensuring
personal security of employees;
2) the scope and contents of the processed personal data of employees shall be
determined in accordance with the Constitution of the Republic of
Kazakhstan, this Code and other laws of the Republic of Kazakhstan;

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 3) personal data is provided by the employee personally;
4) an employer shall have no right to demand from an employee any
information regarding his/her political, religious and other opinions and
private life;
5) an employer shall have no right to demand from the employee any
information regarding his/her membership or activity in social associations,
including trade unions;
6) when taking decisions affecting the interests of an employee, an employer
shall have no right to rely on the personal data of such employee obtained as
a result of the automated processing or by electronic means; and
7) personal data of an employee shall be protected by the employer in the
manner prescribed by laws of the Republic of Kazakhstan.

Article 66. Safekeeping of personal data of employees

The personal data safekeeping procedure in an organisation shall be defined by the
employer subject to the requirements set out in laws and regulations of the Republic of
Kazakhstan.
The employer regulations that define the procedure for safekeeping of personal data of
employees shall be made readily available to an employee for examination.

Article 67. Transfer of personal data of an employee

1. When transferring personal data of an employee, the employer shall observe the
following requirements:
1) not to disclose personal data of an employee to any third party without
written consent of the employee;
2) grant access to personal data of employees to specially designated persons
only. However, such designated persons shall have the right to receive only
that personal data of the employee which he/she needs to perform certain
functions, and must keep such personal data confidential; and
3) transfer personal data of the employee within the organisation in accordance
with the employer regulations, which must be made known to the employee.
2. Persons to whom personal data of the employee has been disclosed must use such
personal data solely for the purpose it was disclosed for, and shall have no right to
transfer such information to any third parties, except as otherwise prescribed by
laws of the Republic of Kazakhstan.

Article 68. Rights of an employee to protection of his/her personal data kept with the
employer
With a view to ensuring the protection of personal data kept with the employer, employees
shall have the right:
1) to be granted free of charge access to their own personal data, including the
right to receive copies of the records containing personal data of the
employee, except as may be prescribed otherwise by laws of the Republic of
Kazakhstan;

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 2) to have incorrect or incomplete personal data and information processed in a
breach of the requirements of this Code corrected or removed;
3) require that the employer should notify the persons who were provided with
incorrect or incomplete personal data of the employee, of all and any
corrections made in such data; and
4) appeal in court against the actions (omission to act) by the employer while
processing his/her personal data.

Chapter 6. INTERNAL LABOUR POLICY. LABOUR DISCIPLINE

Article 69. Internal labour policy rules

1. An employer shall approve the internal labour policy rules upon agreement with the
employee representative.
2. The internal labour policy rules shall establish the working time and rest time for
employees, conditions for ensuring labour discipline, and other matters concerning
the regulation of the labour relations.
3. For certain categories of employees the internal labour policy shall be regulated by
the charter and regulations approved in the procedure established by laws of the
Republic of Kazakhstan.
4. The internal labour policy rules are binding on the employer and employees.

Article 70. Labour discipline

Labour discipline shall be ensured by the employer by way of creation of necessary
organisational and economic conditions for individual and collective labour, conscientious
attitude of employees to their job, use of conviction, incentives for the conscientious work,
and application of disciplinary actions for disciplinary offences committed by employees.

Article 71. Incentives

1. An employer may apply various forms of performance-based incentives to
employees.
2. The forms of incentives and their application shall be defined by laws of the
Republic of Kazakhstan, employer regulations, employment agreement, and
collective agreement.

Article 72. Disciplinary actions

1. For a disciplinary offence committed by an employee the employer may apply the
following disciplinary actions:
1) reproof;
2) reprimand;
3) severe reprimand; and
4) termination of the employment agreement on the initiative of the employer
subject to this Code.
2. It shall not be allowed to apply any disciplinary actions not defined in this Code and
any other laws of the Republic of Kazakhstan.

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 Article 73. Application and appeals of disciplinary actions
1. A disciplinary action shall be applied by an employer by issuing the employer
regulations.
2. Before the disciplinary action is applied, an employer must request from the
employee an explanatory statement in writing. Refusal of an employee to give written
explanations may not be an obstacle to the application of a disciplinary action. In case the
employee refuses to give an explanatory statement in writing, an appropriate statement
shall be executed.
3. When deciding on which disciplinary action to apply, the employer shall take into
consideration the substance, nature and seriousness of the disciplinary offence,
circumstances of the offence, preceding and subsequent behaviour of the employee, and
his/her attitude to the work.
4. Only one disciplinary action may be applied to an employee for each of his/her
disciplinary offence.
5. The employer regulations in respect of the application of a disciplinary action may
not be issued when:
1) an employee is temporarily incapable;
2) an employee is on leave from work for a term of performance of state or
public duties;
3) an employee is on vacation; and
4) an employee is on business trip.
6. The employer regulations concerning application of the disciplinary action shall be
made known to the employee, who is subject to the disciplinary action, within three
working days after the date of its issue, which fact the employee shall signify by his/her
signature. Where the employee refuses to signify that he/she has read the employer
regulations by signing, an appropriate note shall be indicated on the employer regulations
concerning application of the disciplinary action. Where it is impossible to deliver the
employer regulations concerning application of the disciplinary action to the employee
personally, the employer must send such regulations to the employee by a registered letter
with confirmation receipt.
7. Any disciplinary action may be appealed by the employee in accordance with the
procedure defined in this Code.

Article 74. Terms, within which a disciplinary action is to be applied

1. A disciplinary action shall be imposed on the employee immediately after the
disciplinary offence has been discovered, but not later than one month after the date of its
discovery, except as otherwise prescribed under Article 73.2 of this Code and other laws of
the Republic of Kazakhstan.
2. A disciplinary action may not be applied six months after the date of the
disciplinary offence, and in certain circumstances specified by laws of the Republic of
Kazakhstan, or where a disciplinary offence is discovered as a result of the audit or check
of the financial or economic activities of the employer the disciplinary action shall not be
applied on expiry of one year after the date of the disciplinary offence. The above terms
shall not include the time of the criminal proceedings.

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3. Running of the term of application of the disciplinary action shall be suspended for
the time of absence of the employee from work by reason of temporary disability, leave
from work for performance of state or public duties, and length of vacation or business trip.

Article 75. Duration of disciplinary actions

1. The duration of a disciplinary action may not exceed six months from the day it was
imposed, except as otherwise provided under Article 72.1.4 of this Code. If, within this
period of time, the employee is not subjected to a new sanction, he/she shall be deemed
clear of the disciplinary action.
2. The employer that applied a disciplinary action may remove such disciplinary
action earlier, in its sole discretion, at request of the employee or his/her immediate
supervisor, or at request of the employee representative.

Chapter 7. WORKING TIME

Article 76. Working time

1. The working time may be of standard duration, reduced duration and part-time.
2. The working time shall also include setting-up or winding up works (obtaining a job
order, materials, tools, getting acquainted with equipment, reading documents,
preparation and cleaning-up the work place, delivery of finished product, etc.),
breaks allowed by the production process, labour management, labour regulations,
labour protection, time of presence or waiting for work at the work place where the
employee cannot freely dispose of his/her time at his/her own discretion, duty on
holidays and days off, duty at home, and other periods of time as determined in the
employment agreement, collective agreement, employer regulations or laws and
regulations of the Republic of Kazakhstan.

Article 77. Standard duration of the working time

1. The standard duration of the working time should not exceed 40 hours per week.
2. Employment agreements and collective agreements may provide for a shorter
working time, which shall be paid as for the standard duration of the working time.

Article 78. Shorter working time for certain categories of employees

1. A shorter working time shall be established for employees under eighteen years of
age, in accordance with Article 181 of this Code.
2. A shorter working time shall be established for employees engaged in heavy work
and work under harmful (extremely harmful) working conditions, in accordance with
Article 202 of this Code.
3. A shorter working time shall be established for the disabled persons of the first and
second disability groups, in accordance with Article 224 of this Code.
4. Employment agreements and collective agreements may allow the working time
shorter than that mentioned in paragraphs 1-3 above.
5. In the event shorter working time is established, employees shall be paid
remuneration for work in accordance with this Code.

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 Article 79. Part-time work
Part-time work shall mean the working time less in duration than the standard duration
established by this Code, including:
part-time working day, i.e. reduction of the standard duration of daily work (shift);
part-time working week, i.e. reduction in the number of working days in a working
week; and
simultaneous reduction of the standard duration of daily work (shift) and reduction
in the number of working days in a working week.

Article 80. Working conditions for part-time work

1. By agreement of the parties the employment agreement may provide for a part-time
work.
2. The part-time work may be established for a definite or indefinite period of time.
3. The part-time work shall not affect the duration of the employee’s annual vacation
with pay as established by this Code, employment agreement, collective agreements, and
agreements.

Article 81. Types of working week

1. Employees shall work a five-day working week, and have two days-off. With a
five-day working week the duration of daily work (shift) shall be determined by employer
regulations, considering the specific nature of the work and subject to the prescribed
duration of the working week.
2. In organisations where the nature of operations and labour conditions make the
introduction of a five-day working week unreasonable, a six-day working week with one
day-off shall apply.
3. A five-day or six-day working week shall be established by the employer in
accordance with the terms and conditions of the employment and/or collective agreement.

Article 82. Duration of daily work (shift)

1. For a five-day working week the duration of the daily work (shift) may not exceed
eight hours were the standard week duration is forty hours, seven hours twelve minutes
where the standard week duration is thirty-six hours, and five hours where the standard
week duration is twenty-four hours.
2. For a six-day working week the duration of the daily work (shift) may not exceed
seven hours where the standard week duration is forty hours, six hours where the standard
week duration is thirty-six hours, and four hours where the standard week duration is
twenty-four hours.
3. The duration of the daily work (shift), the time daily work (shift) begins and ends,
break schedule shall be established in the internal labour policy of the employer,
employment agreement and collective agreement subject to the duration of the working
week.
4. A different duration of the daily work (shift) may be established for creative
specialists working for professional organisations of art, culture and leisure, employees of
mass media, sportsmen and coaches, in accordance with the labour legislation of the

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 Republic of Kazakhstan, employer regulations, employment agreement or collective
agreement.

Article 83. Division of daily work (shift) into parts

1. The daily work (shift) may be divided into parts:
1) at jobs with irregular intensity of work; and
2) on the initiative of an employee, where he/she has social, domestic or other
personal needs.
2. Where the daily work (shift) is divided into parts, the total duration of the working
time shall not exceed the prescribed maximum duration of the working time (shift).
3. Types of jobs where the daily work (shift) is divided into parts, number and
duration of intervals during work, and types and amount of compensatory payments paid to
employees for work under such conditions shall be determined by the employment
agreement or collective agreement.

Article 84. Work in shifts

1. Work in shifts may be introduced where duration of the production process or
production regime of the employer exceeds the maximum duration of the daily work.
2. In case of work in shifts the duration of the shift, transfer of an employee from one
shift to another shall be established based on the shift schedule approved by the employer
upon agreement with the employee representative.
3. A shift schedule shall be notified to the employees at least one month prior to its
introduction.
4. It is not allowed to engage the employee for work during two shifts in a row.

Article 85. Flexible working time

1. In order to combine the social and personal needs of the employees with the
production needs, a flexible working time may be introduced for employees.
2. The flexible working time provides for:
1) fixed working time;
2) flexible (variable) working time, within which the employee may perform
his/her job duties at his/her own discretion; and
3) record period.
3. The record period shall mean, for the purpose of the flexible working time, the
period, during which the average established duration of working time for the given
category of employees must be complied.
4. The record period for the purpose of the flexible working time may not be more
than one month.
5. The duration of the daily work (shift) and/or weekly work under the flexible
working time regime may not be more or less than the standard daily and/or weekly
duration of the working time.

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6. The duration of the fixed working time, flexible (variable) working time, and record
period for the purpose of the flexible working time regime shall be established by the
employment agreement, collective agreement.

Article 86. Record of cumulative hours worked

1. The record of cumulative hours worked shall be applied under the continuous-
running production, shops, sections and for certain types of operations, where the
conditions of the production (work) do not allow to observe the daily or weekly duration of
the working time established for the given category of employees.
2. The record period for the purpose of the record of cumulative hours worked shall be
the period, during which the average established daily and/or weekly duration of the
working time for the given category of employees shall be complied with.
3. The record period for the purpose of the record of cumulative hours worked shall be
any calendar period but not more than one year, or the term of performance of a given
work.
4. When the record of the cumulative hours worked is maintained, the duration of rest
time of the employee between the end of work and its start the next working day (shift).
5. The recorded work with the cumulative hours worked, and the categories of
employees who are allowed to keep the record of the cumulative hours worked shall be
determined in the employment agreement and collective agreement, or in the employer
regulations, subject to the opinion of the employee representatives.
6. No application of the record of the cumulative hours worked shall be permitted in
cases referred to in Articles 183, 190, and 225 of this Code.

Article 87. Night work

1. The night is deemed to include time between 10.00 pm and 6.00 am.
2. The employees may be engaged in the night work subject to the restrictions referred
to in this Code.

Article 88. Restrictions on overtime

1. No overtime work shall be allowed for:
1) pregnant women; and
2) employees under eighteen years of age.
2. An employee shall be engaged in any overtime work only with his/her consent,
except as otherwise provided for under Article 90 hereof.

Article 89. Maximum duration of overtime

1. Overtime work shall not exceed for each employee two hours, and one hour for
those engaged in heavy work and work under harmful (extremely harmful) and/or
hazardous conditions of labour, in any calendar day.
2. The total duration of overtime work shall not exceed twelve hours per month and
one hundred and twenty hours per year.
3. The restriction on the maximum amount of overtime work shall not apply in cases
referred to in Article 90.1 of this Code.

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 Article 90. Exceptional cases when overtime work may be allowed without consent of
employees
Overtime work shall be allowed without consent of an employee in the following
exceptional cases:
1) to perform works necessary for the defence of the country as well as for preventing
emergency situations or natural calamities, industrial accidents or immediate
response to their consequences;
2) to remove any other circumstances interfering with proper functioning of water,
gas, heat and power supply systems, and other life support systems;
3) to continue work in case of absence of the shift employee where the work cannot be
interrupted, provided that prompt steps are taken to replace him/her by other
employee.

Article 91. Keeping record of working time

1. An employer must keep the record of the working time actually worked by an
employee.
2. Recorded shall be actual working time which may include the time worked and
unworked by the employee.
3. The recorded worked time shall include the actually worked time and other periods
of time, which are deemed to be the working time. Overtime work, work in the night time,
on days-off, holidays, and days on business trips shall be recorded separately.
4. The recorded unworked time shall include the paid and unpaid time, and loss of
working time through the fault of the employee and/or employer.
5. The record of the working time shall be maintained in the documents determined by
the employer.
6. Where the working time of the employee includes any works performed off the
work place, or where the exact time of work performance may not be recorded by the
employer, such periods shall be entered in the records of working time as completion of the
scope of work established by the employment agreement.

Chapter 8. REST TIME

Article 92. Types of rest time

There shall be the following types of rest time:
1) breaks during the working day (working shift) – rest and meal break; inter-
shift breaks and special breaks;
2) daily rest (in between the shifts);
3) days off (weekly uninterrupted rest);
4) holidays; and
5) vacations.

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 Article 93. Rest and meal breaks
1. During the daily work (working shift), an employee must be given one rest and
meal break for at least half an hour.
2. Rest and meal break shall be no earlier than three hours prior to, and no later than
four hours after the start of daily work (working shift), except as provided in paragraph 3 of
this Article.
3. Rest and meal break can be established later than three hours after the beginning of
daily work (working shift) in the event of flexible record of cumulative working time
where the duration of the daily work (working shifts) is eight hours.
4. The time for the rest and meal break and the duration thereof shall be fixed by the
internal labour policy and collective agreements.
5. The duration of the rest and meal break shall not be included in the working time.
At works where due to the production conditions no breaks can be allowed, an employer
must provide an employee with the opportunity to have rest and meal during the working
time in a specially equipped place. The list of such works, procedure and place for rest and
meal shall be established by collective agreements or employer regulations issued upon
agreement with the employee’s representatives.

Article 94. Inter-shift breaks and special breaks

1. At certain jobs, employees shall be granted the inter-shift breaks necessitated by the
technology and organisation of production and labour, which breaks shall be included in
the working time. Types of such jobs, duration and procedure for the provision of such
breaks shall be established in the collective agreements or the employer regulations
adopted upon agreement with the employee representatives.
2. Employees working in the cold season in the open air or in unheated premises, as
well as those engaged in loading and unloading operations, shall be granted the breaks to
warm up and have rest, and such breaks shall be included in the working time. The
employer must arrange for the premises to be equipped so as to provide heat and rest for
employees.
3. Working women who have children under the age of eighteen months shall be
given additional breaks for feeding a child, apart from the rest and meal breaks, as required
by Article 118 hereof.

Article 95. Duration of daily (inter-shift) break

The hours of the daily (inter-shift) rest of an employee between the end of work and
beginning of work the next day (working shift) shall not be less than twelve hours.

Article 96. Days off

1. Employees shall be given weekly days off.
2. If it is a five-day working week, an employee shall be given two days off a week,
and if it is a six-day work week, one day off.
3. Sunday shall be the common day off for a five-day and six-day week. For a five-
day week, the second day off shall be established by the employer regulations or a shift
schedule. Both days off shall be granted in succession, unless otherwise established by the
collective and employment agreements.

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 4. The first day of Kurban-Ait, which is celebrated by the Islamic calendar, and
January 7, the Orthodox Christmas, shall be the days off.
5. Employees (group of employees), who are engaged in the continuous productions
or such production where the operation cannot be stopped on weekends due to the
industrial conditions or the need to provide permanent continuous services to the public,
shall be granted the days off in turn on any day of the week in accordance with the
approved employer regulations adopted upon agreement with the employees
representatives.
6. An employee, who is on business trip, shall have the days off in accordance with
the internal labour policy of an employer to whom such employee was seconded.

Article 97. Work on days off and holidays

1. Work on days off and holydays on the initiative of an employer shall only be
caused with written consent of an employee, except as otherwise provided in Article 98
hereof.
2. Work on days off and holidays on the initiative of an employee shall be permitted
by the authorisation of an employer.
3. In the event of work on days off and holidays, an employee shall be given another
day off or payment in such amount as specified in Article 128 hereof, at employee’s option.

Article 98. Exceptions for work on days off and holidays without consent of employee
Work on days off and holidays without consent of an employee shall be caused in the
following cases:
1) to prevent emergencies, natural calamities or industrial accidents or
to ensure immediate response to the consequences thereof;
2) to prevent and investigate accidents, destruction of, or damage to the
property;
3) to perform urgent, unforeseen works on the prompt performance of
which further normal functioning of the organisation or its separate units
depends.

Article 99. Documentation of employee engagement to work on days off and holidays
The employee engagement to work on days off and holidays shall be documented as the
employer regulations.

Article 100. Types of vacations

1. Employees shall be granted the following types of vacation:
1) annual vacation with pay; and
2) social leave.
2. The annual vacation with pay is meant to provide rest for an employee, and the
time for readaptation to work, strengthening of health and other personal needs of
an employee, and shall be granted for a certain number of calendar days while
preserving the employment (position) and the average wage of an employee.

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 3. The social leave means release of an employee from work for a certain period
of time to provide favourable conditions for motherhood, child care, in-service
training and for other social purposes.
4. Employees shall be granted the following types of social vacations:
1) vacation without pay;
2) study leave; and
3) maternity leave and adoption leave (for those who adopted a newborn
child).

Article 101. Duration of annual vacation with pay

The annual vacation with pay to be granted to an employee shall be twenty four calendar
days, unless more days are envisaged by other laws and regulations, employment and
collective agreements and employer regulations.

Article 102. Additional annual vacation with pay

1. Additional annual vacation with pay shall be granted to:
1) employees engaged in heavy works, and work under harmful (extremely
harmful) and/or dangerous labour conditions, where the vacation shall be at least six
calendar days;
2) to disabled persons of the first and second disability group, where the
vacation shall be at least fifteen calendar days.
2. The laws of the Republic of Kazakhstan may provide for additional annual vacation
to other categories of employees and minimum duration thereof.
3. Employment and collective agreements may stipulate additional annual vacation
with pay as an incentive for a long-term continuous employment, performance of
important, complex and urgent works and works of other nature.

Article 103. Calculation of duration of annual vacation with pay

1. Duration of the annual vacation with pay shall be calculated in calendar days
exclusive of any holidays falling on the period of vacation and irrespective of applicable
regimes and work schedules.
2. When calculating the total duration of annual vacation with pay, any additional
annual vacations shall be added to the main annual vacations. However, the total duration
of the annual vacation has no maximum limit.

Article 104. Calculation of the time in employment which entitles to annual vacation
The time in employment which entitles to the annual vacation includes:
1) actually time worked;
2) period when an employee was not actually working but his/her employment
(position) and wage, in full or in part, was preserved;
3) period when an employee was not actually working due to the temporary
disability; and

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4) period when an employee was not actually working prior to the
reinstatement in a job.

Article 105. Procedure for granting annual vacation with pay

1. The annual vacation with pay shall be granted to an employee for the first and the
subsequent years of employment at any time of the year of employment upon agreement of
the parties.
2. The details of procedure for granting annual vacation with pay to the employees
working in shifts is set out in Article 213 hereof.
3. The annual vacation with pay may be divided into two parts upon agreement
between an employee and employer.
4. The annual vacation with pay may be postponed, extended, and interrupted in such
cases and in such procedure as set out in Articles 108 and 109 hereof, subject to provisions
of Article 108.3 hereof.
5. The annual vacation shall be paid no later than three calendar days prior to the
commencement of such vacation.

Article 106. Determination of the period for granting annual vacation with pay
The year of employment includes twelve months beginning with the date the employment
began.

Article 107. Order of priority of granting annual vacation with pay

1. The order of priority of granting annual vacation with pay to the employees shall be
determined in accordance with employment and collective agreements, and vacation
schedule to be approved by an employer subject to the opinion of employees.
2. In the event of changes in the vacation schedule due to the production needs, an
employer shall notify an employee at least two weeks in advance of the vacation
commencement.

Article 108. Cases and procedure for postponement or extension of annual vacation
with pay
1. The annual vacation with pay may be postponed or extended, in full or in part, in
the following cases:
temporary disability of an employee, pregnancy and maternity leave;
performance by an employee of state duties during the annual vacation with pay,
should the leave from work be envisaged for such purposes by law.
2. The annual vacation with pay (or part thereof) may not be extended or postponed
unless with written consent of an employee or at his/her request. The vacation postponed
upon agreement of the parties may be added to the vacation for the next year or granted
separately at any other time at the request of an employee.
3. No failure to grant the vacation during two consecutive years shall be made.

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 Article 109. Call back from annual vacation with pay
1. The annual vacation with pay may not be interrupted by an employer unless with
written consent of an employee. Refusal of an employee from such offer of an employer
shall not be deemed a violation of the labour discipline.
2. The part of annual vacation with pay which was not used due to the call back shall
be granted to an employee at any time in the current year or in the subsequent year, upon
the agreement of the parties to the employment agreement, or added to the annual vacation
with pay for a subsequent year of employment.
3. Where an employee is called back from the annual vacation with pay, such
employee, instead of being granted the unused part of the vacation at any other time, upon
the agreement between an employee and employer, may be given the compensatory
payments for the days of the unused part of the annual vacation with pay.
4. No employees under the age of eighteen, pregnant women and employees engaged
in heavy works, and works under harmful (extremely harmful) and dangerous labour
conditions shall be called back from the annual vacation with pay.

Article 110. Compensatory payment for unused annual vacation with pay upon the
termination of the employment agreement
When terminating the employment agreement, an employee, who did not use the annual
vacation(s) with pay, in full or in part, shall be given the compensatory payment for the
unused days of the annual vacation(s) with pay.

Article 111. Vacation without pay

1. An employee may be granted vacation without pay upon the agreement of the
parties to the employment agreement.
2. The duration of vacation without pay shall be established upon the agreement
between an employee and employer.
3. An employer must grant vacation without pay at the written request of an employee
for up to five calendar days in the following cases:
1) marriage registration;
2) childbirth;
3) death of close relatives; and
4) any other cases stipulated in the employment and collective agreements.

Article 112. Study leave

1. Employees who study in the educational institutions shall be granted a study leave
to be able to prepare for, and pass tests and exams, perform laboratory works, and prepare
graduation papers (project) and defend them.
2. Payment for study leave shall be determined in accordance with the employment
and collective agreements.

Article 113. Maternity leave and adoption leave

1. Pregnant women, women who delivered a child (children), and women (men) who
adopted a newborn child (children) shall be granted the following types of maternity leave:

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 1) pregnancy and maternity leave with pay;
2) leave for employees who adopted a newborn child (children) with
pay; and
3) child care leave until the child becomes three years old without pay;
2. The maternity leave and leave for those who adopt a newborn child (children) shall
be granted on the terms set out in Articles 192-195 hereof.
3. The procedure for calculation of the average wage to pay for the maternity leave
and leave for women (men) who adopted a newborn child (children) shall be determined in
accordance with Article 136 hereof.

Article 114. Documentation of vacation

The granting, postponement, and extension of vacation or call back from the same shall be
registered in the employer regulations.

Chapter 9. WORK MEASUREMENT

Article 115. State guarantees of work measurement

The state guarantees of work measurement include the flowing:
model labour rules and standards;
provision by the government agencies of elaboration of reasonable model rules and
standards of labour;
control over the provision by employers of elaboration, introduction and review of
the labour standards.

Article 116. Labour standards

1. Labour standards (production, time and service standards) shall be the measure for
labour input and shall be established for an employee of the relevant qualification in
accordance with the technical and technological level achieved and level of
production and labour management.
2. Production standards for employees under the eighteen years of age shall be
established in accordance with Article 182 hereof.
3. Where there is time-based payment for separate categories of employees, some
standard tasks may be established. An employer may establish service standards or
standards of labour force to perform certain functions or scope of work.

Article 117. Elaboration and introduction of new labour standards and substitution
and review of the current labour standards
1. Elaboration and introduction of new labour standards and substitution and review of
the current labour standards shall be provided by an employer upon consultation with the
employee representatives, subject to the model labour rules and standards.
2. Model rules and standards of labour shall be approved by the duly authorised
government labour agencies.

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3. Substitution and review of the model labour rules and standards shall be performed
by agencies which approved such rules and standards, in the procedure prescribed by the
authorised government labour agency.
4. Labour standards shall be substituted as and when there is certification and
simplification of work places, introduction of new machines and technologies,
administrative and technical measures which provide for the growth of the labour
efficiency.
Achievement of the high level of product manufacture (service rendering) by
separate employees on account of application of new methods of work and
improvement of work places the initiative of employees shall not be the ground for
revision of the earlier established labour standards.
5. An employer shall notify employees of introduction of new labour standards at least
one month in advance.

Article 118. Requirements to labour standard elaboration

When elaborating the labour standards, the following shall be envisaged:
1) quality of labour standards and their close connection with the required labour
input;
2) establishment of the same labour standards for similar jobs to be performed
under similar managerial and engineering conditions;
3) progressiveness of the labour standards based on the achievements in science
and engineering;
4) labour standards covering such types of work for which the labour standards are
acceptable and reasonable; and
5) technical (scientific) reasonableness of the labour standards.

Article 119. Details of labour standard regulation

The procedure for presentation, review and approval of the labour standards in an
organisation, the service (goods and works) of which are subjected to the state regulation of
tariffs (price, charge rate), shall be established by the authorised government labour
agency.

Chapter 10. REMUNERATION

Article 120. State guarantees of compensation to employees

State guarantees in respect of remuneration payment to employees shall include the
following:
minimum monthly wage;
minimum hourly rate to be determined in accordance with Article 122 hereof;
minimum wage standards;
overtime pay;
pay for holiday and day off work;
pay for night work;

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 limitation of deductions from wages;
state control over the timely and full payment of wages and implementation of the
state guarantees of remuneration to employees; and
procedure and deadlines for payment of wages.

Article 121. Amount of wage

1. The amount of monthly wage of an employee shall be established on a case-by-case
basis depending on the employee qualification, and complexity, quantity and quality of the
work to be performed and labour conditions.
2. The monthly wage of an employee, who has worked the standard hours established
for this particular period and fulfilled labour standards (job duties), shall not be less then
minimum monthly wage prescribed by law of the Republic of Kazakhstan.

Article 122. Determination of minimum wage

1. The minimum monthly wage, which is established each year by the Law of the
Republic of Kazakhstan “On Republican Budget” for the relevant fiscal year, shall not be
less than living wage and shall not include any additional payments and benefits,
compensation, social benefits, bonuses and other incentive payments, and shall be paid
proportionately to the time worked.
2. The minimum wage standards shall be determined on the basis of the minimum
monthly wage prescribed by the Law of the Republic of Kazakhstan “On Republican
Budget” for the relevant fiscal year and industrial multiplying factors determined by the
industrial agreement and approved by the Government of the Republic of Kazakhstan.
3. The minimum hourly rate of an employee who has fulfilled his/her job duties
(labour standards) shall not be less than minimum monthly wage divided by the average
number of work hours as per the balance of working time for the relevant calendar year.
4. The minimum monthly wage or monthly wage rate of an employee of the first
category specified by the terms of the employment and collective agreements and/or
employer regulations shall not be less than minimum monthly wage fixed by the Law of
the Republic of Kazakhstan “On Republican Budget” for the relevant fiscal year, no less
than minimum wage standard if the employees are engaged in heavy works and works
under harmful (extremely harmful) labour conditions.

Article 123. Hourly rate

Terms of employment and collective agreements and/or employer regulations may specify
the hourly rate for the work actually performed in case of the part-time working day or
partially busy working day, as well as for works of temporary or one-time nature.

Article 124. Wage indexation

The wage increase includes the wage indexation to be made by an employer in the
procedure prescribed by agreements, collective agreement or employer regulations based
on the level of inflation set for the relevant period by laws and regulations of the Republic
of Kazakhstan.

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 Article 125. Organisation of remuneration
1. Qualification requirements to employees and complexity of certain types of work
shall be established on the basis of the Uniform Wage-Rates and Qualification Handbook
for blue-collar jobs, wage-rate and qualification characteristics of blue-collar jobs, on
Qualification Handbook for executive positions, specialists and other employees, and
standard qualification characteristics of executive positions, specialists and other
employees.
2. Qualification of jobs according to a certain level of complexity and assigning of
qualification categories to employees shall be based upon the Uniform Wage-Rates and
Qualification Handbook for blue-collar jobs and Qualification Handbook for executive
positions, specialists and other employees, wage-rate and qualification characteristics of
blue-collar jobs and standard qualification characteristic of executive positions, specialists
and other employees.
3. Elaboration, review, approbation, approval and use of handbooks, wage-rate and
qualification characteristics of blue-collar jobs specified in paragraph 1 of this Article shall
be determined by the authorised government labour agency. Standard qualification
characteristics of executive positions, specialists and other employees of establishments in
various economic activities shall be elaborated and approved by the authorised government
agencies in the relevant area of activity upon consultation with the authorised government
labour agency.

Article 126. Remuneration system

1. The work of an employee shall be remunerated on the basis of time-rate, piece-rate
and other remuneration systems. Remuneration may be paid for the individual and/or
collective results of work.
The remuneration system may be formed on the basis of tariff, non-tariff or mixed
system.
The tariff remuneration system includes the wage rate (salary), tariff scale and tariff
coefficients.
Non-tariff remuneration system is based on the shared distribution of funds
designated for remuneration depending on the criteria and principles of evaluation
of professional skills of employees and their contributions to the final result.
The mixed remuneration system may contain elements of both tariff and non-tariff
remuneration system.
2. To stimulate the interest of employees in the increase of the production efficiency
and quality of works performed, an employer may introduce the bonus plan and other
forms of incentives.
3. The remuneration and incentive system shall be determined in accordance with
collective agreement, employment agreement and/or employer regulations.
4. The remuneration system must provide for a share of the base wage (in relation to
the constant component of wage) of at least 75 per cent in the average monthly wage,
exclusive of one-time incentive payments.
5. The remuneration system for the employees of establishments funded by the state
budget and account (budget) of the National Bank of the Republic of Kazakhstan shall be
determined by laws and regulations of the Republic of Kazakhstan.

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6. The wage conditions and bonus payment for executive employees of national
companies and joint-stock companies, the majority shareholdings of which are owned by
the State, shall be determined on the basis of the Model Regulations approved by the
Government of the Republic of Kazakhstan.
7. The procedure for review and approval of the parameters of remuneration system
for employees of any organisations, to the services (goods and works) of which the state
regulation of tariffs (prices, charge rates) apply, shall be established by the authorised
government labour agency.
8. The wage conditions determined under the employment and collective agreements,
agreements and employer regulations shall not be worse than the conditions defined herein
and other laws and regulations of the Republic of Kazakhstan.

Article 127. Overtime pay

With the hourly rate pay, the overtime work shall be paid at a rate at least one-half times of
the regular rate. With the piece-rate pay, the overtime shall be paid in the amount of at
least fifty per cent of the fixed wage rate (official salary) of an employee.

Article 128. Pay for holiday and day off work

Pay for holiday and day off work shall be at least double the daily (hourly) wage rate of an
employee.

Article 129. Pay for night work

Pay for each hour of night work shall be at least one-half times the daily (hourly) wage-rate
of an employee.

Article 130. Pay for works of various qualifications

Where an employee performs works of various qualifications, the remuneration shall be
based on the work requiring higher qualification.
Where an employee of high qualification is instructed to perform works rated at a lower
qualification due to the nature of the production, the remuneration shall be based on the
qualification (grade) assigned to such employee.

Article 131. Pay for work in several positions (extension of service area) and
performance of duties of a temporary absent employee
1. Employees, who, along with their key job specified in the employment agreement,
perform, in the same organisation, additional work attributed to another position or
duties of a temporary absent employee without being released from their key job,
shall be entitled to additional pay.
2. The amount of additional pay for the work in several positions (extension of service
area) or performance of duties of a temporary absent employee shall be established
by an employer upon agreement with an employee.

Article 132. Pay during mastering new productions (products)

The collective agreement and/or employment agreement may provide that an employee
will preserve his/her previous wage for a period of mastering new production (products).

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 Article 133. Pay for downtime
1. Procedure and terms of pay for downtime caused through the fault of an employer
shall be determined in the employment and collective agreements and established in the
amount of at least fifty per cent of the average wage of an employee.
2. No pay shall be made for the downtime caused through the fault of an employee.

Article 134. Procedure and terms of payment of wage

1. The wage shall be paid in cash in the national currency of the Republic of
Kazakhstan at least once a month and no later than the first decade of the following month.
The date of payment of wage shall be stipulated in the employment and collective
agreements.
2. When paying the wage, an employer must notify each employee in writing of the
wage components accrued for the relevant period, the amount of, and grounds for
deductions made, including information on deductions and compulsory pension
contributions transferred, and the total sum of money due.
3. Where the day of wage payment coincides with days off or holidays, the pay shall
be made the day preceding such holidays and days off.
4. Where the payment of wage and other payments associated with the termination of
the employment agreement with an employee are delayed through the fault of an employer,
the employer shall pay to an employee its debt together with a penalty. The amount of
penalty shall be calculated on the basis of the refinance rate of the National Bank of the
Republic of Kazakhstan set on the day of fulfilling the obligations as to wage payment, and
shall be charged for each calendar day of delay beginning from the day following the day
when the payment was due and until the day of payment.
5. When the employment agreement is terminated, the money owed to an employee by
an employer shall be paid no later than three working days after the agreement termination.

Article 135. Place of payment of wage

The wage shall be paid to employees at the place of their work unless otherwise provided
for in the employment and collective agreements.

Article 136. Calculation of average wage of employee

1. Calculation of the average wage of an employee working five-day and six-day
working week shall be made for the time actually worked based on the average daily
(hourly) earning for the relevant period, subject to the fixed additional payments and befits,
bonuses and other incentive payments of constant nature as prescribed by the remuneration
system.
2. When calculating the average wage, the accounting period shall constitute twelve
calendar months preceding the event to which the relevant pay is related under this Code.
For employees who were in the employment for less than twelve calendar months, the
average wage shall be determined for the time actually worked.
3. For any determinations of average wage set out herein, a single procedure for
calculation thereof is established by the Government of the Republic of Kazakhstan.
4. A collective agreement may stipulate other periods to be used for the average wage
calculation, unless it deteriorates the position of an employee.

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 Article 137. Deductions from wage
1. Deductions from the wage of an employee shall be made by court order and in the
instances provided by laws of the Republic of Kazakhstan.
2. Deductions from the wage of an employee in repayment of his/her debt to the
organisation which employs such employee, can also be made pursuant to the
employer regulations with written consent of an employee.
3. Total amount of monthly deductions cannot exceed fifty per cent of the wage
payable to an employee.

Article 138. Payment of wage not received due to death of employee

The wage not received by an employee due to his/her death shall be paid in the procedure
set out in the civil legislation of the Republic of Kazakhstan.

Chapter 11. OCCUPATIONAL TRAINING, RETRAINING AND PROFESSIONAL

DEVELOPMENT

Article 139. Terms used in this Article

The following terms are used in this Article:
1) training agreement means a written agreement between an employer and trainee
regarding the terms of occupational training, retraining and professional
development;
2) occupational training means a form of occupational training aimed at the individual
development in order to get new or modified skills as may be required for the
performance of a certain type of work;
3) retraining means a form of occupational training enabling an employee to master
another profession or specialty; and
4) professional development means a form of occupational training enabling an
employee to maintain, enhance, and improve the earlier gained professional
knowledge and skills

Article 140. Rights and obligations of employer in relation to training, retraining and
professional development
1. The need for, and scope of occupational training, retraining and professional
development shall be determined by an employer by reference to the functioning and
development of the organisation.
2. An employer shall provide occupational training, retraining and professional
development for employees and other persons who have no labour relations with the
employer (the “trainee”):
1) on-site; and
2) in the educational institutions offering educational programmes of
elementary, secondary, higher and post graduate professional education.
3. An employer must create for employees engaged in occupational training,
retraining and professional development the conditions suitable for combining work and

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 training as prescribed by this Code, agreements, and collective and employment
agreements.

Article 141. Occupational training, retraining and professional development in the

educational institutions by secondment of employer
1. Trainees shall be seconded by an employer to the educational institutions for
occupational training, retraining and professional development at the expense of the
employer or other funds not prohibited by laws of the Republic of Kazakhstan in
accordance with the training agreement.
2. Agreement, collective and/or employment agreements may stipulate benefits and
compensatory payments associated with training.

Article 142. On-site occupational training, retraining and professional development of

employees
1. On-site occupational training, retraining and professional development of
employees shall be carried out by an employer.
2. An employer shall determine the forms of occupational training, retraining and
professional development.
3. General requirements to the on-site occupational training, retraining and
professional development of personnel shall be determined by the Government of the
Republic of Kazakhstan.

Article 143. Rights and obligations of employees with regard to occupational training,
retraining and professional development
1. Employees shall have the rights to occupational training, retraining and
professional development, including mastering of new professions and specialty.
2. Employees engaged in occupational training, retraining and professional
development can be granted a leave from work upon agreement with an employer, or
perform part-time work.
3. Employees engaged in occupational training, retraining and professional
development shall enjoy the guarantees stipulated in this Code, and collective and
employment agreements.
4. Upon completion of occupational training, retraining and professional
development, a trainee must work for an employer for such period of time as agreed by the
parties under the training agreement.
5. In the event that the employment agreement is terminated prior to the date
established in the training agreement, on the initiative of an employee, or on the initiative
of an employer through the fault of an employee, such employee shall repay to an
employer all and any costs associated with his/her training in proportion to the unworked
period of time.

Article 144. Contents of a training agreement

1. A training agreement shall include:
1) indication of certain profession and qualification to be gained by a trainee;
2) rights and obligations of an employer and trainee;

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 3) period of training and period of employment with an employer after the
training is completed;
4) guarantees and compensatory payments associated with the training; and
5) responsibility of the parties.
2. A training agreement may include other terms agreed by the parties.

Chapter 12. EMPLOYMENT

Article 145. State guarantees of employment

The State shall give the following employment guarantees to citizens:
1) protection from any forms of discrimination and provision of equal
opportunities for acquiring profession and job;
2) occupational training, retraining, professional development and organisation
of public works for the unemployed;
3) promotion of small-scale business and entrepreneurship development;
4) assistance with employment through the authorised employment agency and
private employment agencies;
5) provision of professionally oriented services and information of vacancies;
6) orientation of occupational training system towards specialists in demand on
the labour market;
7) interregional re-distribution of labour in accordance with the government
programmes;
8) elaboration and implementation of measures for identification and
legalisation of labour relations;
9) provision in investment contracts for investor obligations to carry out
occupational training, create new jobs and preserve existing jobs;
10) creation of conditions for the development of on-site occupation training,
retraining and professional development;
11) cooperation of the authorised employment agencies with employers; and
12) provision of conditions for employment of persons from target groups.

Article 146. Employment rights of citizens

Citizens shall have the right to:
1) free choice of occupation and profession by direct contact with employers
and by means of employment mediation of the authorised employment
agency or private employment agency assisting with the employment of the
population;
2) independent search for a job and employment, including abroad;
3) consultations and information provided by the authorised employment
agencies and private employment agencies; and
4) participation in public works.

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 Article 147. Employment rights and obligations of employer
1. An employer shall have the right to:
1) perform recruitment; and
2) receive true, complete and current information on the status of labour
market and opportunity for occupational training from the authorised
employment agencies;
2. The employer must provide the authorised employment agency with the following
information:
forthcoming redundancy of employees due to the liquidation or redundancy by the
organisation, at least one month before the redundancy;
regarding the need to employ personnel and results of interview with individuals
sent by the authorised employment agency, within five working days.

Article 148. Employment agency

The employment agency shall be carried out by the authorised employment agency or a
private employment agency by way of:
1) advising individuals of the employment opportunities, and advising
employers of the opportunity to employ labour force;
2) assisting individuals with their job choice;
3) providing individuals with a reference addressed to an employer how has a
vacancy;
4) creating a database of labour market;
5) accounting and registering applications;
6) providing services in the professional orientation; and
7) cooperating with employers with regard to employment on the basis of
agreements.

Chapter13. GUARANTEES AND COMPENSATORY PAYMENTS

Article 149. Guarantees for employees performing state or public duties

1. An employer shall grant employees leave from their job duties for a period of their
engagement in state and public duties in the instances as prescribed by laws of the Republic
of Kazakhstan, in which case the employment (position) of such employees shall be
preserved.
2. The wage for the performance of state and public duties shall be paid to an
employee at the place of performance of such duties, which wage shall be no less than the
average wage payable at the place of his/her base employment.
3. An employee who has served the obligatory military service shall have the right of
priority to be employed by the same organisation where he had worked prior to the call to
military service.

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 Article 150. Guarantees for employees sent for medical examination
An employee shall reserve his/her employment (position) and average wage for the
duration of a regular medical examination at the expense of an employer, when such
examination is compulsory in accordance with this Code or collective agreement.

Article 151. Guarantees for employees who are blood donors

Employees who are blood donors shall preserve their employment (position) and average
wage for a period of medical examination and blood donation.

Article 152. Guarantees and compensatory payments for employees sent on business
trips
1. The employment (position) and wage shall be preserved for a period of business
trip.
2. Employees sent on business trips shall be paid:
1) per diem for calendar days spent on business trip, including the travel time;
2) travel expenses to and from the point of destination; and
3) cost of accommodation;
3. Terms and period of business trips of employees shall be defined in employment
and collective agreements or employer regulations.
4. Employees shall be sent on business trips subject to the limitations prescribed under
Articles 183, 187 and 226 hereof.

Article 153. Guarantees and compensatory payments when employee is relocated to

another locality together with employer
1. When an employee is relocated for work to another locality together with an
employer, an employer must reimburse an employee for the costs associated with:
1) travel of an employee and his/her family members; and
2) transportation of property of an employee and his/her family members.
2. Procedure for, and amount of compensatory payments stipulated in paragraph 1 of
this Article shall be determined in employment and collective agreements or employer
regulations.

Article 154. Guarantees for employees working in areas of ecological catastrophe and
radiation risk
Guarantees for employees working in areas of ecological catastrophe and radiation risk
shall be established by laws of the Republic of Kazakhstan.

Article 155. Compensatory payments for use by employees of their personal property
to the benefit of employer
Where an employee uses his/her personal property to the benefit of an employer and with
consent of the latter, an employer shall make compensatory payment for such use,
depreciation (amortization) of instruments, personal transport vehicle and other technical
facilities, as well as operational costs thereof as agreed by the parties.

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 Article 156. Compensatory payments to employees who perform work while
travelling or whose work is associated with travelling or business trips within serviced
sites
1. Employees, who perform work while travelling or whose work is associated with
travelling or business trips within the serviced sites, shall be paid compensatory
payments for each day of being away from the permanent residence, in the
procedure specified in agreements, collective and employment agreements and/or
employer regulations.
2. Where employees are not travelling during all working days in a month, the
payment shall be made proportionately to the actual days of travelling to the place
of work (work performance) and back.
3. Compensatory payments shall be made irrespectively of the work-rest regime of the
establishment.
4. Compensatory payments shall not be accounted for when calculating the average
wage of employees of the organisation.

Article 157. Severance pay due to loss of work

1. An employer shall make severance pay due to loss of work in the amount of the
average wage for a month in the following cases:
1) where the employment agreement is terminated on the initiative of an
employer in case of liquidation of an employer that is a legal entity or
termination of the operation by an employer that is a natural person;
2) where the employment agreement is terminated on the initiative of an
employer in case of redundancy.
2. An employer shall make severance pay to an employee due to loss of work in the
amount of the average wage for three months where the employment agreement is
terminated on the initiative of an employee by reason of the employer providing inadequate
information of the labour conditions when an employment agreement was concluded or the
employer violating the labour legislation of the Republic of Kazakhstan, employment and
collective agreements.
3. The employment and collective agreements may provide for larger amount of
severance pay due to loss of work.

Article 158. Procedure and terms of payment of field provision

1 The field provision shall be paid to the employees employed by exploration, surveying,
and prospecting organisations for the period of work performance in the field:
1) outside the permanent residence with no daily return to the permanent
residence;
2) outside the permanent residence but with daily return to the base camp of
the employer which does not constitute his/her permanent residence; and
3) outside the permanent residence upon work in shifts.
2 The field provision shall be paid for all calendar days of stay in the field.
3 Employees shall not be paid the field provision for the period of being away on an
annual vacation with pay.

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 4 Where an employee leaves the field camp for the purpose of business trip, the payment
of field provision to such employee shall be stopped and expenses associated with
the business trip shall be reimbursed in accordance with this Code.
5 The amount of field provision shall not be taken into account upon the calculation of
the average wage of employees.
6 The procedure and terms of payment, the amount of field provision, and work time
record in the field shall be specified in the agreements, collective and employment
agreements and approved by employer regulations.
7 When working in the field, the field provision for days off shall be paid to an employee
depending on where the employee spends such days off (on site, where field work
is performed, or in the base camp, outside the place of work performance). Such
procedure may be applied irrespective of the form of labour organisation and work-
rest regime.

Article 159. Payment of social allowances to employees at the expense of employer

1. An employer must pay, at its own expense, the following social allowances to
employees: allowance for temporary disability, maternity pay, and for the vacation
granted to women (men) who adopted newborn children.
2. The ground for the payment of temporary disability allowance shall be the
disability certificate issued in the procedure established by laws of the Republic of
Kazakhstan.
3. Temporary disability allowance shall be paid to employees to cover the period
starting from the first day of disability to the day of rehabilitation or assigning a
disablement, based on the average wage calculated in accordance with laws of the
Republic of Kazakhstan.
4. The amount of social allowances and procedure for assessment and payment thereof
shall be established by the Government of the Republic of Kazakhstan. Employers
may introduce additional payments to employees on top of the amount of social
allowance prescribed by laws of the Republic of Kazakhstan.

Chapter 14. FINANCIAL LIABILITY OF THE PARTIES TO EMPLOYMENT

AGREEMENT

Article 160. Obligations of either party to employment agreement to indemnify

against damages
1. A party to the employment agreement which caused damage to another party shall
indemnify against such damage in accordance with this Code and other laws of the
Republic of Kazakhstan.
2. Employment and collective agreements may specify in details the financial liability
of an employee and employer.
3. Termination of the employment agreement after the damage caused shall not result
in the release of a party to the employment agreement from the financial liability to
indemnify the other party against such damage.

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 Article 161. Causes that give rise to financial liability for damages of parties to
employment agreement
1. A party to the employment agreement shall be hold liable for damages suffered by
another party to the employment agreement if such damage was caused as a result
of guilty unlawful conduct (acts or omissions) and causal relation between the
guilty unlawful conduct and the damage caused, unless otherwise provided by this
Code and other laws of the Republic of Kazakhstan.
2. An employer shall be liable to an employee for:
1) damage caused by unlawful deprivation of an employee of the opportunity
to work at his/her work place;
2) damage caused to the property of an employee; and
3) injury or death of an employee;
3. An employee shall be liable to an employer for:
1) damage arising in connection with loss or damage to the property of an
employer; and
2) damage caused through acts (omissions) of an employee.
4. An employer and employee shall bear mutual liability for damages in any other
cases defined in the collective and employment agreements.

Article 162. Financial liability of employer for damages caused to employee by

unlawful deprivation of the opportunity to work
1. An employer must compensate an employee for the wage and other payments due
to the employee which were not paid to his/her due to unlawful reassignment to another
job, denial of access to the work place, unilateral amendments to the employment
agreement, suspension from job duties and unfair termination of the employment
agreement.
2. The employment and collective agreements and employer regulations agreed with
the employee representatives may establish additional circumstances upon which the
employer must indemnify an employee against damage caused by unlawful deprivation of
an employee of the opportunity to work.

Article 163. Financial liability of employer for damage caused to property of

employee
An employer who caused damage to the property of an employee must indemnify such
employee against such damage in full, pursuant to the employment and collective
agreements.

Article 164. Financial liability of employer for injury or death of employee

1. An employer must indemnify an employee against damage caused by injury or
death of the employee during the performance by such employee of his/her job duties, in
such amount as provided by the civil legislation of the Republic of Kazakhstan.
2. The damage under paragraph 1 of this Article shall be indemnified in full if the
employee has no insurance compensation. Where there is insurance compensation, an

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 employer must reimburse the employee the difference between the amount of insurance
and the actual amount of damage.
3. The procedure for indemnification by an employer against the damage arising in
connection with injury or death of employees shall be defined by laws of the Republic of
Kazakhstan.

Article 165. Financial liability of employee for damage caused to employer

1. An employee shall be held liable for damage caused to an employer in such events
and such amounts as stipulated herein.
2. An employee must indemnify the employer only against direct actual damage
caused to the employer.
3. An employee shall not be held liable for damage caused to an employer if the
damage was suffered due to force majeure circumstances or emergency, justifiable defense
and failure of an employer to ensure proper conditions for security of the property handed
over to the employee.
4. An employee shall not be made liable for the damage, which may be construed as
normal operational and commercial risk.
5. An employer must create such conditions for an employee which are necessary for
normal work and safekeeping of the property entrusted to the employee’s care.
6. The direct actual damage means the actual diminution or deterioration of the
employer’s property (including third party property located at the employer’s premises and
for the safety of which an employer is liable) and the need for an employer to incur costs or
extra payments to acquire or restore the property.

Article 166. Limitation of financial liability of employee

An employee shall bear financial liability within the limits of his/her average monthly
wage except as otherwise provided herein.

Article 167. Full financial liability of employee for damage caused to employer
An employee shall bear full financial liability for damage caused to an employer in the
following cases:
1) failure to ensure safekeeping of the property and other valuables handed
over to such employee under the written agreement for assumption of full
financial liability;
2) failure to ensure safekeeping of the accountable property and other
valuables received by an employee under a one-time document;
3) damage caused under the influence of alcoholic, drug or toxic (or similar)
intoxication;
4) shortage, intentional destruction of, or damage to materials, semi-finished
products, articles (products), including while manufacturing them, and
instruments, gages, special clothes and other items given by an employer to
the employee for use; and
5) damage caused by unlawful actions of the employee proved in the procedure
established by laws of the Republic of Kazakhstan.

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 Article 168. Agreements on full individual and collective (joint) financial liability
1. An employee, who is in the position or performs works associated with storing,
processing, sale (dispatch), transportation, utilisation or other use during manufacture of
the property and valuables handed over to him/her, and an employer shall conclude an
agreement in writing in relation to full individual financial liability of an employee for the
failure to secure the property and other valuables handed over to him/her.
2. Employees, who are jointly engaged in the works associated with storing,
processing, sale (dispatch), transportation, utilisation or other use during manufacture of
the property and valuables handed over to them, when the financial liability for damage of
each employee cannot be distinguished, and an employer shall conclude an agreement in
writing in relation to full collective (joint) financial liability of employees for the failure to
secure the property and other valuables handed over to them.
3. Agreements on full individual and collective (joint) financial liability may be
concluded both when concluding an employment agreement and as an addendum to the
employment agreement.
4. The list of positions and works taken and performed by the employees with whom
agreements on full individual and collective (joint) financial liability for the failure to
secure the property and other valuables handed over to them may be concluded, as well as
a model agreement on full financial liability shall be approved by the collective agreement
(if any) or employer regulations.

Article 169. Procedure for indemnity against damage caused by parties to

employment agreement
A party to the employment which caused damage to another party shall indemnify such
party against such damage in such amount as prescribed by this Code and laws of the
Republic of Kazakhstan, under a court judgment or voluntarily.

Chapter 15. SETTLEMENT OF INDIVIDUAL LABOUR DISPUTES

Article 170. Bodies for labour dispute examination

1. Individual labour disputes shall be examined by conciliation commissions and/or
courts.
2. Individual labour disputes shall be examined by a conciliation commission upon the
application of a party to the labour dispute.
3. Parties to the employment agreement may, at their own discretion, refer directly to
court for the settlement of an individual labour dispute.

Article 171. Formation of conciliation commission and its operation

1. The conciliation commission shall be formed of the equal number of representatives
of employer and employee on a fifty-fifty basis.
2. Number of members of the conciliation commission, procedure for its operation
and term of authorities of the conciliation commission shall be established by the
agreement between an employer and employees at the general meeting (conference) of
employees.

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3. Members of the conciliation commission representing employees shall be elected
by the general meeting (conference) of employees. Members of the conciliation
commission representing an employer shall be appointed by employer regulations.
Members of the conciliation commission shall elect a chairman and secretary by the
majority of votes among themselves at the first organisational meeting.
4. The conciliation commission shall examine a labour dispute within seven days from
the day of filing an application.
5. Following the examination, the conciliation commission shall take decision which
shall be issued to an applicant no later than three business days after taking such decision.

Article 172. Time frame for referral to bodies for individual labour dispute
examination
The following time frame shall be established for referral to the bodies for individual
labour dispute examination:
1) three months after delivery of a copy of an employer certificate of
employment agreement termination, in case of disputes regarding
reinstatement in employment; and
2) one year after an employee or employer became or must have become aware
of the violation of their right, in case of any other labour dispute.

Article 173. Competence of conciliation commission in relation to labour dispute

The conciliation commission is a body for examination of labour disputes arising in
organisations, except for the disputes for which this Code and other laws of the Republic of
Kazakhstan establish another procedure for examination.
Labour dispute shall be examined by the conciliation commission when an employee fails
to resolve disagreement independently or through his/her representative by way of direct
negotiations with an employer.

Article 174. Procedure for labour dispute examination by conciliation commission

An application received by the conciliation commission shall be registered with this
commission.
The conciliation commission must examine the labour dispute within seven calendar days
after the filing of an application.
The dispute shall be examined in the presence of an applicant or his/her authorised
representative. The dispute shall not be examined in the absence of an employee or his/her
representative unless at the written request of an employee. If an employee or his/her
representative fails to appear at the meeting of this commission, the examination of labour
dispute shall be adjourned. In the event of a repeated failure of an employee or his/her
representative to appear without good reason, the conciliation commission may resolve to
strike off this dispute from consideration which shall not deprive an employee from re-
filing an application for examination of the labour dispute within the period established
herein.
The conciliation commission shall have the right to call witnesses and invite specialists to
the meeting. Upon request of the commission, the head of an organisation must provide
the requested documents within the established period of time.

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A meeting of the conciliation commission shall be deemed quorate when at least half of the
members representing employees and at least half of the members representing an
employer are present at the meeting.
Minutes of the meeting of the conciliation commission shall be taken and signed by the
commission chairman or his/her deputy.

Article 175. Procedure for passing resolution of conciliation commission and contents
of resolution
The conciliation commission shall pass its resolutions by a simple majority of votes of the
commission members present at the meeting. Voting shall be held by secret ballot upon
the request of an applicant or one of the members of the commission.
A resolution of the conciliation commission shall specify:
name of organisation (subdivision), surname, name, patronymic name, position,
profession or qualification an employee who applied to the commission:
date of application and dispute examination, nature of dispute;
surname, name and patronymic of commission members and other persons who
were present at the meeting;
merits of the resolution and its substantiation (with the reference to a law and other
laws and regulations); and
voting results.
Properly notarised copies of the resolution of the conciliation commission shall be
delivered to an employer and the head of the organisation within three days after passing
the resolution.

Article 176. Enforcement of resolution of the conciliation commission

Resolution of the conciliation commission shall be executed within the period established
by the commission.
In the event of failure to execute resolution of the conciliation commission within the
established period of time, an employee or employer shall have the right to submit the
labour dispute to court.

Article 177. Reinstatement of employee in employment by the body for examination of

individual labour dispute
1. In the event of unjust termination of the employment agreement or unlawful
reassignment to another job, relocation to another work place, change of labour
conditions, and suspension from work, the body examining an individual labour
dispute shall pass a resolution on reinstatement of an employee in his/her previous
employment except as otherwise provided in paragraph 3 of this Article.
2. An employee, who has been reinstated in his previous employment, shall be paid an
average wage for the entire time of involuntary absence from work (suspension
from work) or the difference in the wage for the time of performance of a lower
paid job, but in any event for no more than six months.

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3. Upon application of an employee, the body examining an individual labour dispute
may pass only a resolution awarding the payment to an employee of the wage in
such amount as specified in paragraph 2 of this Article.
4. The resolution of the body for examination of an individual dispute regarding the
reinstatement of an employee in the previous employment shall be executed
immediately. If an employer delays with execution of the resolution on
reinstatement of the employee in employment, the body for examination of an
individual dispute shall pass a resolution on payment to an employee of the average
wage or difference in the wage for the time of delay with the resolution execution.

SECTION 3. REGULATION OF LABOUR OF PARTICULAR CATEGORIES OF

EMPLOYEES

Chapter 16. REGULATION OF LABOUR OF EMPLOYEES UNDER THE AGE OF

EIGHTEEN

Article 178. Labour rights of employees under the age of eighteen

Employees under the age of eighteen shall have the same rights as the adults, and shall
enjoy additional guarantees established herein with regard to labour relations and with
regard to labour safety, working time, rest time and other labour conditions.

Article 179. Types of jobs the performance of which by employees under the age of
eighteen is prohibited
1. No employees under the age of eighteen shall be allowed to perform heavy works,
works under harmful (extremely harmful) and/or dangerous labour conditions and
such works the performance of which might cause damage to health and moral
development of such employees (gambling business, work in night clubs,
production, transportation and sale of alcoholic beverages, tobacco products,
narcotic drugs, psychotropic substance and precursors).
2. Employees under the age of eighteen shall not be allowed to carry and move heavy
things the weight of which exceeds the maximum standards established for such
employees.
3. The list of jobs the performance of which is prohibited by employees under the age
of eighteen and maximum standards for carrying and movement of heavy things by
employees under the age of eighteen shall be determined by the authorised
government labour agency upon consultation with the authorised government health
agency.

Article 180. Compulsory medical examination of employees under the age of eighteen
Employment agreements with employees under the age of eighteen shall be made only
upon compulsory preliminary medical examination. Thereafter, employees shall pass
compulsory medical examination until they are eighteen years of age.

Article 181. Duration of working time for employees under the age of eighteen
For employees under the age of eighteen, shorter work time shall be established:
1) for employees at the age of fourteen to sixteen, no more than 24 hours in a
week;

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 2) for employees at the age of sixteen to eighteen, no more than 36 hours in a
week;
3) for those studying in educational institutions and combining study with
work during the school year, at the age of fourteen to sixteen, 2.5 hours a
day, and at the age of sixteen to eighteen, 3.5 hours a day.

Article 182. Remuneration and performance standards for employees under the age
of eighteen
1. Employees under the age of eighteen shall be paid remuneration for labour subject
to the shorter duration of work.
2. Performance standards for employees under the age of eighteen shall be established
based on the general performance standards for employees in proportion to the duration of
working time as set out in Article 181 hereof.
3. For employees under the age of eighteen employed after graduation from general
educational and educational institutions of basic vocational education and those who had
on-site occupational training, lower performance standards may be established.
4. An employer may pay additional payments to the employees under the age of
eighteen up to the level of remuneration payable to employees working full duration of
daily work.

Article 183. Details of work-rest regime for employees under the age of eighteen
No employees under the age of eighteen shall be engaged in night work, overtime work,
the work with the record of cumulative working time, or instructed to go on a business trip,
or to do work in shifts, or be called back from his/her annual vacation with pay.

Article 184. Restrictions on financial liability of employees under the age of eighteen
No agreement on full financial liability shall be concluded with employees under the age of
eighteen.

Chapter 17. REGULATION OF LABOUR OF WOMEN AND OTHER PERSONS

WITH FAMILY DUTIES

Article 185. Restrictions on termination of employment agreement by employer

1. No termination by employer of employment agreement with pregnant women,
women who have children under the age of three, single mothers raising a child
under the age of fourteen (disabled child under the age of eighteen) and other
persons raising children without a mother, shall be allowed, except as otherwise
provided in sub-paragraphs 1), 3) – 18) of Article 145.1 hereof.
2. Where a woman submits a medical certificate on her twelve or more week
pregnancy on the day of expiry of the employment agreement, an employer must
extend the term of the agreement upon her written request until the day of
expiration of the child care leave until the child becomes three years old.

Article 186. Jobs for which engagement of women is prohibited

1. No women shall be used at heavy works, works under harmful (extremely harmful)
and/or dangerous labour conditions.

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2. Women shall be prohibited to lift and move by hand the weights exceeding the
maximum standards established for women.
3. The list of jobs where engagement of women is prohibited and maximum standards
for lifting and movement of weights by hand by women shall be established by the
authorised government labour agency upon consultation with the authorised government
health agency.

Article 187. Details of work-rest regime for women and other persons with family
duties
1. An employer may not engage pregnant women in night work, during days off and
holidays, overtime work, or instruct them to go on business trip, or call them back from the
annual vacation with pay.
2. An employer may not engage in night work, overtime work, or instruct to go on
business trip, or perform any shift work, without consent in writing, the following persons:
1) women who have children under the age of seven and other persons raising
children under the age of seven without a mother; and
2) employees taking care of sick family members or raising disabled children,
where children under the age of three, disabled children or sick family
members are in need of constant care, which fact is evidenced by a medical
report.

Article 188. Breaks for feeding a child

1. Apart from the rest and meal breaks, inter-shift and special breaks, women who
have children under the age of one and a half, fathers (adopters) nursing children under the
age of one an a half without a mother, shall be granted additional breaks for feeding a child
(children) at least every three hours during a work day, the duration of which shall be as
follows:
1) each break of at least thirty minutes, for those who have one child; and
2) each break of at least one hour, for those who have two or more children.
2. The break for feeding a child (children), upon the request of an employee as set out
in paragraph 1 of this Article, shall be added to the rest and meal break or the cumulative
breaks shall be granted in the beginning or at the end of the working day (shift).
3. The breaks for feeding a child (children) shall be included in the working time. The
average wage for women (fathers, adopters) shall be preserved for the time of such breaks.

Article 189. Establishment of part-time work for women and other persons with
family duties
At the request in writing of a pregnant woman, woman who has a child (children) under the
age of three, father, adopter raising children under the age of three without a mother and
employees who provide care to a sick family member in accordance with the medical
report, an employer shall provide such persons with a part-time work.

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 Article 190. Restrictions on application of record of cumulative working time for
pregnant women
No record of cumulative working time shall be applied to pregnant women if the duration
of the work day (shift) exceeds eight hours.

Article 191. Temporary reassignment of pregnant women to another job

An employer must, on the basis of an appropriate medical report, reassign a pregnant
woman to another job which does not pose harmful and/or dangerous impact, with the
preservation of her average wage.

Article 192. Guarantees for women when establishing the order of priority of granting
annual vacation with pay
Prior to the maternity leave or directly after it, or upon expiration of the childcare leave, a
woman, at her own wish, shall be granted the annual vacation with pay.

Article 193. Maternity leave with pay

1. Women shall be granted maternity leave with pay for seventy calendar days prior to
the childbirth and fifty-six (or seventy in the event of complicated childbirth or
birth of two or more children) calendar days after the childbirth, unless otherwise
provided by laws of the Republic of Kazakhstan.
2. Vacation computation shall be made in summary and the vacation shall be granted
to a woman in full, irrespective of the number of days actually used before the
childbirth and the duration of employment with an employer.

Article 194. Vacation with pay to employees who adopted newborn children
Employees who adopted a newborn child (children) shall be granted (one of the parents)
the vacation with pay for a period beginning from the day of adoption and until the
expiration of fifty-six days from the birth of the child.

Article 195. Childcare leave without pay

1. An employer must grant an employee the childcare leave without pay until the child
becomes three years old:
1) to mother or father of the child, at the option of parents;
2) to a parent who is raising the child alone;
3) to a grandmother, grandfather, other relative or a foster parent who is
actually raising the child; and
4) to an employee who adopted a newborn child (children).
2. The childcare leave without pay until the child becomes three years old may be
used in full or in parts on the basis of an application of an employee indicated in paragraph
1 of this Article and at his/her own option.
3. For the duration of the childcare leave without pay until the child becomes three
years old, the employment (position) shall be preserved.
4. The duration of the childcare leave without pay until the child becomes three years
old shall be accounted for in the general duration of employment and in the duration of

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 employment by certain specialty, unless otherwise provided by laws of the Republic of
Kazakhstan.

Chapter 18. REGULATION OF LABOUR OF EMPLOYEES ENGAGED IN

SECONDARY JOB

Article 196. Employment agreement for secondary job

1. An employer shall have the right to conclude an employment agreement for
secondary job both with the employer with whom such employee has already labour
relations (at the place of the base employment) and several employers.
2. Employment agreement for secondary job must specify that this is a secondary job.

Article 197. Additional documents required for conclusion of employment agreement

for secondary job
To conclude an employment agreement for secondary job with another employer, apart
from the documents specified in Article 31 hereof, an employee shall provide a statement
of the nature and labour conditions at the place of base employment (work place, position,
labour conditions).

Article 198. Duration of working time of secondary job

The cumulative duration of daily work at the place of base employment and secondary job
must not exceed the standard duration of daily working prescribed by Article 82 hereof by
more than 4 hours.

Article 199. Annual vacation with pay in secondary job

1. Employees working under the employment agreement for secondary job shall be
granted annual vacation with pay at the same time as vacation at their base employment.
2. Where the duration of the annual vacation with pay under the employment
agreement for secondary job is less than the duration of the vacation granted in another
employment, an employer, upon request of an employee holding a secondary job, shall
grant the vacation without pay for the days, covering the difference in the vacations.

Article 200. Restrictions on conclusion of employment agreement for secondary job

No employment agreement for secondary job shall be made with employees under the age
of eighteen and employees engaged in heavy works, works under harmful (extremely
harmful) and/or dangerous labour conditions.

Article 201. Additional grounds for termination of employment agreement for

secondary job by employer
In addition to the grounds provided by Article 54 hereof, an employment agreement for
secondary job may be terminated by an employer, in the event that the employment
agreement is concluded with an employee for whom such job will be the base employment.

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Chapter 19. REGULATION OF LABOUR OF EMPLOYEES ENGAGED IN
HEAVY WORKS, WORKS UNDER HARMFUL (EXTREMELY
HARMFUL) AND/OR DANGEROUS LABOUR CONDITIONS

Article 202. Shorter duration of working time for employees engaged in heavy works,
works under harmful (extremely harmful) and/or dangerous labour conditions
1. For employees engaged in heavy works, works under harmful (extremely harmful)
and/or dangerous labour conditions, the shorter duration of working time of no
more than 36 hours in a week shall be established.
2. The list of operations, shops, professions and positions and the list of heavy works,
works under harmful (extremely harmful) and/or dangerous labour conditions, the
performance of which entitles to a shorter duration of working time shall be
established by the authorised government labour agency upon consultation with the
authorised government health agency.

Article 203. Additional annual vacation with pay

Additional annual vacations with pay shall be granted to employees working at operations,
shops, professions and positions included in the list and list of heavy works, works under
harmful (extremely harmful) and/or dangerous labour conditions, the performance of which
entitles employees to additional annual vacation with pay. Duration of such type of
vacation and terms of its provision shall be established by the authorised government
labour agency upon consultation with the authorised government health agency.

Article 204. Remuneration for employees engaged in heavy works, works under
harmful (extremely harmful) and dangerous labour conditions
Remuneration to employees engaged in heavy works, works under harmful (extremely
harmful) and dangerous labour conditions shall be established in a higher amount as
compared to the remuneration to employees engaged in works under normal labour
conditions, by way of establishing raised official salary (rates) or additional payments, but
in any case no less than those established by the legislation of the Republic of Kazakhstan,
industrial agreements or collective agreements based on the minimum standards of
compensation.
The list of operations, shops, professions and positions and list of heavy works, works
under harmful (extremely harmful) and/or dangerous labour conditions shall be established
by the authorised government labour agency upon consultation with the authorised
government health agency.
The terms of remunerations established herein shall apply to employees who are found by
the results of work place certification, to work under heavy, harmful (extremely harmful)
and dangerous labour conditions.

Article 205. Provision of healthy and safe labour conditions

Employees shall be provided, at the expense of an employer, with special clothes, special
footwear and other personal protective equipment, cleaning and sterilizing agents, milk,
and healthful and dietary meals in accordance with the labour conditions and in the
amounts no less than the standards established by the authorised government labour
agency.

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 Chapter 20. REGULATION OF LABOUR OF EMPLOYEES ENGAGED IN
SEASONAL WORK

Article 206. Seasonal work

Seasonal works include the works which, due to the climate or other natural conditions,
shall be performed during a certain period (season) but for no more than one year.

Article 207. Peculiarities of conclusion of employment agreement with seasonal

workers
1. An employment agreement must specify that it is concluded for seasonal works and
identify the particular period of their performance.
2. When concluding an employment agreement for seasonal works, no probation
period for the purpose of checking whether an employee is fit for work shall be
established.

Article 208. Additional grounds for termination of employment agreement with

employees engaged in seasonal works by employer
Apart from the grounds referred to in Article 54 hereof, an employment agreement with the
employees engaged in seasonal works may be terminated by an employer in the following
cases:
1) suspension of works for over two weeks due to the production reasons; and
2) absence of an employee from work during one month by reason of his/her
temporary disability.

Article 209. Peculiarities of termination of employment agreement with employees

engaged in seasonal works
1. An employee engaged in seasonal works shall have the right to terminate the
employment agreement, on his/her own initiative, in writing upon a seven calendar day
notice to an employer.
2. An employer must give written notice to an employee engaged in seasonal works
regarding the forthcoming termination of the employment agreement on the grounds
referred to in sub-paragraphs 1) and 2) of Article 54.1 hereof within seven calendar days in
advance.
3. When terminating the employment agreement with an employee engaged in
seasonal works, an employer shall make compensatory payment for the unused vacation in
proportion to the time actually worked.
4. When terminating the employment agreement with an employee engaged in
seasonal works by reason of the liquidation of the organisation or redundancy of work
force or personnel, the severance pay shall be paid in the amount of two week average
wage.

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 Chapter 21. REGULATION OF LABOUR OF EMPLOYEES WORKING IN
SHIFTS

Article 210. Details of shift work

1. Shift work is a special form of labour process outside the permanent residence of
employees when no daily return of employees to their places of permanent residence can
be ensured.
2. An employer must provide employees engaged in shift works, while they are at the
production facilities, with accommodation for life activities, transportation to and from the
place of work, and conditions for work performance and inter-shift rest.
An employer shall provide an employee with such conditions of his/her stay at the
production facilities as prescribed by the employment and collective agreements.

Article 211. Restrictions on shift works

No employees under the age of eighteen, pregnant women, and disabled persons of first
and second disability group shall be allowed to perform shift work. Other employees may
be engaged in shift works if such works is not against medical advice for health reasons.

Article 212. Shift duration

1. The shift period includes the time of work performance on site and time of inter-
shift rest.
2. The duration of shift cannot exceed thirty calendar days.

Article 213. Record of working time and rest time when performing shift work
1. For the shift work, the record of working time shall be cumulative for a month,
quarter or any other longer period, but for no more than one year.
2. The accounting period shall cover working time, rest time, time for travel from the
location of an employer or collecting point to the place of work and back. The total
duration of working time for an accounting period shall not exceed the standards
established herein.
3. No annual vacation with pay shall be granted in parts during the inter-shift rest.
4. An employer must keep records of working time and rest time of each employee
working in shifts for each month and for the entire accounting period.

Chapter 22. REGULATION OF HOUSE WORKERS’ LABOUR

Article 214. Peculiarities of conclusion and termination of employment agreement

with house workers
1. House workers are the workers performing household work (services) for
employers who are natural persons.
2. An employer shall issue no employer regulations and no entries in the labour book
on hiring or termination of labour relations with a house worker.
3. The labour activity of a house worker shall be evidenced by an employment
agreement.

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4. Written notice period for termination of the employment agreement with a house
worker, as well as the circumstances and amounts of compensatory payments due to loss of
work shall be specified in the employment agreement.

Article 215. Work-rest regime for house workers

1. Standard hours of working time and rest time established herein shall apply to
house workers.
2. The work regime, procedure for granting days off, annual vacation with pay, and
engagement in overtime work, night work, and work during on off and holidays shall be
specified for a house worker in the employment agreement.

Article 216. Procedure for application and cancellation of disciplinary action

The procedure for application and cancellation of disciplinary actions with regard to a
house worker shall be defined in the employment agreement.

Article 217. Settlement of individual labour disputes

Individual labour disputes between a house worker and employer shall be settled by mutual
agreement of the parties and/or in court.

Article 218. Termination of employment agreement with house worker

An employment agreement with a house worker shall be terminated on the grounds
provided for in the employment agreement.

Chapter 23. REGULATION OF OUTWORKERS’ LABOUR

1. Outworkers are the persons who conclude employment agreement with an
employer for the performance of outwork by their own efforts with their own materials and
with the use of their own equipment, instruments and devices or with the equipment,
instruments and devices provided by an employer, or acquired at the employer’s expense.
2. The outwork performance by an employee may be established both while
concluding an employment agreement or during the term of employment agreement by
way of relevant amendments thereto.

Article 220. Labour conditions for outworkers

1. The outwork may only be performed when such work is not against medical advice
for health reasons and when work safety requirements can be met during the performance
of such work.
2. An employment agreement for outwork must contain provisions in relation to:
1) work performance with the use of equipment, materials, tools and devices
owned by an employee or given by an employer or acquired at the expense
of an employer;
2) procedure for, and period of provision of raw materials, materials and semi-
finished products to an employee which are necessary for work
performance;
3) procedure and period of finished product pickup; and
4) compensatory and other payments to an employee.

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Article 221. Work-rest regime of an outworker, health and safety issues
The work-rest regime, peculiarities of control by an employer over the observance of the
working time regime by an employee, health and safety compliance by an outworker shall
be set out in the employment agreement.

Chapter 24. REGULATION OF THE DISABLED'S LABOUR

Article 222. Exercise by the disabled of the right to labour

1. The disabled shall have the right to enter into employment agreements with
employers under common labour conditions or at the specialised organisations that
use the disabled's labour, taking into consideration their individual rehabilitation
programmes.
2. It shall be prohibited to deny entering into an employment agreement, transfer the
disabled to other work, changing labour conditions by reason that the person is
disabled, unless an opinion of the authorised government agency in the area of
public social protection specifies that his/her state of health impedes the
performance of job duties or threatens his health and/or labour safety of other
persons.

Article 223. Labour conditions of disabled employees

1. The conditions of work measurement, compensation plan and occupational health,
working regime, procedure for the combining of professions (positions), technical,
sanitation, hygiene, production-welfare conditions, and also other conditions of the
employment, collective agreements agreed by the parties must not impair the
position or restrict the rights of the disabled employees as compared to other
employees.
2. It shall be prohibited to use the disabled's labour at heavy work, work under
harmful (extremely harmful) labour conditions.
3. Working disabled persons may be granted additional guarantees established by this
Code, agreements, employer regulations, and also by employment, collective
agreements.
4. Medical report on application of part-time work, reduced workload and other labour
conditions of the working disabled persons shall be binding upon employers.

Article 224. Reduced duration of working time of disabled employees

1. A reduced duration of working time, not to exceed 36 hours per week, shall be
established for the employees having the first and second disability group.
2. The duration of daily work (working shift) of the employees having the first and
second disability group may not exceed seven hours.

Article 225. Restricted use of the record of cumulative hours worked for disabled
employees
1. It shall not be allowed to apply the record of cumulative hours worked to the
employees having the first and second disability group.

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2. No record of cumulative hours worked may be established for the employees
having the third disability group, if such regime is disallowed for them for medical
reasons.

Article 226. Limitation of disabled employees' night work, overtime work, work on
days off and holidays, business trips
The disabled employees' night work, overtime work, work on days off and holidays,
business trips shall be allowed only with their written consent, if such work is not
disallowed for them for medical reasons.

Article 227. Provision of annual vacation with pay to disabled employees

Annual vacation with pay shall be provided to disabled employees in accordance with the
vacation schedule approved by the employer as agreed upon with them.

Article 228. Provision of additional annual vacation with pay to disabled employees
Additional annual vacation with pay shall be provided to disabled employees
simultaneously with the annual vacation with pay or, at wish of the disabled employee, at
any other time during a year.

Chapter 25. REGULATION OF CIVIL SERVANTS' LABOUR

Article 229. Entry into civil service

1. Entry into civil service shall be by way of appointment or by competition.
2. Competitions shall be arranged and conducted by government institutions or state
enterprises that have vacancies.
3. The procedure for the entry into civil service and conducting of competitions for
vacancies of civil servants shall be determined by the Government of the Republic
of Kazakhstan.
4. The employment for civil service shall be by way of conclusion of an employment
agreement and issuing an employer regulation.

Article 230. List of the positions of civil servants

The list of positions of civil servants shall be determined by the Government of the
Republic of Kazakhstan.

Article 231. Civil service-related restrictions

Civil servants shall have no right to:
1) use for out-of-office purposes any logistics, finance and information
supplies, other state property and official information;
2) participate in any activities hindering the normal operation of the civil
service and the performance of official duties;
3) use official position for any purposes not related to civil service; and
4) disclose any data which became known to them in connection with civil
service and which constitute state secrets, official secrets and other secrets
protected by law.

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Article 232. Transfer of civil servants for work to other government institutions (state
enterprise)
A civil servant may, at his written application, be transferred for work to another
government institution (state enterprise) as agreed upon between the managers of relevant
organisations.

Article 233. Performance evaluation of civil servants

For the purpose of determining the professional or qualification level, business qualities,
civil servants shall pass performance evaluation.
The procedure for, and conditions of, such performance evaluation of civil servants shall be
determined by the authorised government agency in the relevant area of activities.

Article 234. Promotion at civil service

1. The promotion of civil servants at service shall be by way of appointment to a
higher-level position.
2. The preferential right for promotion at civil service shall be exercised by those civil
servants who have high qualification and working experience, and constantly
improve their professional, qualification level.

Article 235. Professional development and retraining of civil servants

1. Civil servants may be sent to the relevant educational organisations in order to
enhance their professional knowledge and skills, acquire professions and
specialties.
2. Training, retraining, internship, including scientific internship, shall be at the
expense of the seconding organisation if a civil servant is engaged in on-site job
(work) training.
During the training of civil servants, the positions held, guarantees and
compensatory payments shall be reserved with them.
3. Civil servants who are engaged in professional development or retraining in a
specialty corresponding to the activity profile of the specific civil service shall be
provided with paid study leave.

Article 236. Incentives to civil servants

For conscientious performance of official duties, high quality of work, including work of
particular complexity and urgency, for initiative, creativity and other achievements in their
work, civil servants may be incentivised by:
1) promotion at civil service;
2) monetary reward; and
3) expression of gratitude.
A collective agreement may provide for other incentive measures.

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Article 237. Guarantees and compensatory payments to civil servants when relocating
for work to other localities
When relocating for work together with the government institution (state enterprise) to
other localities (other settlements) according to the existing administrative territorial
division, civil servants shall be paid:
the cost of travel to the place of work of the civil servant himself and the members
of his family (unless the government institution (state enterprise) provides the
relevant means of transport);
expenses for the transportation of property;
per diem expenses for each day of travel;
lump-sum allowance in the amount of six-fold position salary of the position held;
and
wage for the days spent to prepare for the travel and settle at the new place of
residence, but no more than six days, and also for the time spent on the way.

Article 238. Remuneration of civil servants

1. The remuneration system for civil servants employed at the expense of the state
budget shall be determined by the Government of the Republic of Kazakhstan.
2. Healthcare, social welfare, education and culture civil servants who work in 'aul'
(rural) areas shall, at the decision of the local representative bodies and for the
account of budgetary funds, be paid the position salaries and wage rates increased
by no less than twenty five per cent as compared to the salaries and rates of civil
servants who are engaged in those types of activities in urban conditions, unless
otherwise established by laws of the Republic of Kazakhstan.
3. The list of the positions in healthcare, social welfare, education, culture and sports
in the 'aul' (rural) areas shall be determined by the local executive body as agreed
upon with the local representative body.

Article 239. Vacations to civil servants

1. Civil servants funded for the account of the state budget shall be provided with
annual vacations with pay of no less than thirty calendar days with the payment of a
health rehabilitation allowance in the amount of position salary. The health
rehabilitation allowance shall be paid to civil servants once in a calendar year.
For individual categories of civil servants, the laws of the Republic of Kazakhstan
may establish a longer duration of annual vacation with pay.
2. Civil servants who pass training at higher educational institutions shall be provided,
as agreed with the employer, with paid educational vacations for the periods of
passing examinations, preparing and defending a diploma project (work), passing
final examinations.

Article 240. Additional grounds for termination of employment agreements with civil
servants
1. Apart from the grounds for the termination of employment agreements with
employees established by this Code, an additional ground for the termination of

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 employment agreements with civil servants shall be the reaching by them of the
pension age established by law of the Republic of Kazakhstan.
2. Employment agreements with employees who reached the pension age, though have
high professional and qualification level, may be extended on the annual basis by
the managers of the government institutions (state enterprises) subject to the
consideration of their performance.

Chapter 26. REGULATION OF THE LABOUR OF EMPLOYEES OF SMALL-

SCALE BUSINESSES

Article 241. Small-scale business to which the specifics of the regulation of labour
relations apply
The specifics of the regulation of labour set out in this Chapter shall apply to small-scale
business entities with the annual average number of employees not exceeding 25 people.

Article 242. Term of employment agreements for small-scale business

Small-scale business entities may enter into employment agreements with employees for a
definite period of time without the restriction stipulated by Article 29.1.2 of this Code.

Article 243. Rules of internal labour policy of small-scale business entities

Small-scale business entities shall approve the rules of internal labour policy
independently.

Article 244. Working regime

Small-scale business entities shall have the right to establish the working regime that
provides for work on days-off and holidays in accordance with a schedule to be approved
by the employer, and for use of a record of cumulative hours worked or division of
working days into parts in compliance with the general requirements on the duration of
working time.

Article 245. Remuneration

The conditions of the employee remuneration of small-scale entities shall be established or
varied by the employer and communicated to employees at the time of execution of
employment agreements, or no later than one month prior to their approval. When
approving the conditions of remuneration for work, the employer shall have no right to
unilaterally vary any conditions of the employment agreement.

Article 246. Participation of small-scale business entities in social partnership

The effect of the agreements shall extend to the labour relations involving small
entrepreneurship entities in the event that the employers and employees have united into
the relevant organisations for negotiating and signing such agreements.

Article 247. Specifics of the health and safety management at small-scale business
entities
Occupational health and safety issues at small-scale business entities may be arranged on a
contractual basis with natural persons or legal entities.

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Chapter 27. REGULATION OF THE LABOUR OF HEADS AND MEMBERS OF
THE COLLECTIVE EXECUTIVE BODIES OF LEGAL ENTITIES

Article 248. Legal basis for the regulation of the labour of heads of executive bodies of
legal entities
The labour relations with a head of executive bodies of legal entities shall be in accordance
with this Code, laws of the Republic of Kazakhstan, foundation documents and
employment agreement.

Article 249. Entering into employment agreements with heads of executive bodies of
legal entities
Employment agreements with heads of executive bodies of legal entities shall be entered
into by the owners of the legal entities' property or by a person (body) authorised thereby
or by the authorised bodies of the legal entities for a period established by laws of the
Republic of Kazakhstan, foundation documents or agreement of the parties.
The laws of the Republic of Kazakhstan or foundation documents may establish additional
procedures precedent to the entering into employment agreements with the heads of
executive bodies of legal entities.

Article 250. Multi-employer work of heads of executive bodies of legal entities

A head of the executive body of a legal entity may hold paid positions with other
organisations with the permission of the authorised body of the legal entity or the owner of
the property of legal entity or a person (body) authorised thereby.

Article 251. Financial liability of heads of executive bodies of legal entities

A head of the executive body of a legal entity shall bear financial liability for damage
caused by him/her to the legal entity in accordance with the procedure established by this
Code or other laws of the Republic of Kazakhstan.

Article 252. Additional grounds for termination of employment agreements with

heads of executive bodies of legal entities
Apart from the grounds provided by this Code, an additional ground for the termination of
employment agreement with heads of executive bodies of legal entities shall be the
decision of the owner of the property of a legal entity or persons (bodies) authorised by the
owner or the authorised bodies of the legal entities to terminate labour relations earlier.
In the event of termination of an employment agreement with the head of the executive
body of a legal entity before the expiry of his/her term of office, he/she shall be paid a
severance pay for the early termination of the employment agreement in the amount
determined by the employment agreement.

Article 253. Early termination of employment agreement by head of the executive

body of legal entity
A head of the executive body of a legal entity shall have the right to early terminate the
employment agreement by no less than two-month prior notice in writing to the owner of
the property of the legal entity or a person (body) authorised by the owner or an authorised
body of the legal entity.

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Article 254. Regulation of the labour of members of the collective executive bodies of
legal entities
The specifics of the regulation of the labour of heads of executive bodies established by
this Chapter shall apply to other members of the collective executive bodies of legal
entities, unless otherwise established by laws of the Republic of Kazakhstan or foundation
documents.

Chapter 28. REGULATION OF THE LABOUR OF GOVERNMENT SERVANTS,

MEMBERS OF THE PARLIAMENT AND MASLIKHATS, JUDGES OF
THE REPUBLIC OF KAZAKHSTAN, MILITARY SERVANTS AND
EMPLOYEES OF LAW ENFORCEMENT AGENCIES

Article 255. Regulation of the labour of government servants, members of the

parliament and maslikhats and judges of the Republic of Kazakhstan
The labour of government servants, members of the Parliament and maslikhats, judges of
the Republic of Kazakhstan shall be regulated by this Code subject to the specifics
provided by laws of the Republic of Kazakhstan and other laws and regulations of the
Republic of Kazakhstan, establishing special conditions and procedure for the entry into,
process and termination of service, special labour conditions, remuneration plan, and also
additional incentives, privileges or restrictions.

Article 256. Military servants and employees of law enforcement agencies

1. Military servants shall include the persons who serve in the Military Forces of the
Republic of Kazakhstan, national security agencies, national guards, internal troops,
military investigation agencies and military police, Safeguard Service of the
President of the Republic of Kazakhstan, management bodies and units of civil
defence of the central executive agency of the Republic of Kazakhstan on
emergency situations and military prosecution agencies.
2. Employees of law enforcement agencies shall comprise the persons serving at the
agencies of internal affairs, criminal-execution system, finance police, state fire
fighting service, customs agencies, and prosecution agencies of the Republic of
Kazakhstan, which carry out law enforcement activities in accordance with laws of
the Republic of Kazakhstan.

Article 257. Regulation of the labour of military servants and employees of law
enforcement agencies
The labour of military servants and employees of law enforcement agencies shall be
regulated by this Code subject to the specifics, provided by special laws of the Republic of
Kazakhstan and other laws and regulations of the Republic of Kazakhstan establishing
special conditions and procedure for the entry into, process and termination of service,
special labour conditions, remuneration plan, and also additional incentives, privileges or
restrictions.

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SECTION 4. SOCIAL PARTNERSHIP AND COLLECTIVE LABOUR
RELATIONS

Chapter 29. SOCIAL PARTNERSHIP IN THE AREA OF LABOUR

Article 258. Objectives of social partnership

Social partnership in the Republic of Kazakhstan shall be aimed at the achievement of the
following objectives:
1) creation of an effective mechanism to regulate social, labour relations and
related economic relations;
2) promotion of social stability and social consensus on the basis of impartial
consideration of the interests of all layers of society;
3) promotion of the guarantees of the employees' rights in the area of labour,
implementation of their social protection;
4) promotion of the process of consultations and negotiations among the
parties to social partnership at all levels;
5) promotion of the resolution of collective labour disputes; and
6) preparation of proposals concerning the implementation of the state policy
in the area of social-labour relations.

Article 259. Fundamental principles of social partnership

The fundamental principles of social partnership shall be:
1) full authority of the representatives of the parties;
2) equality of the rights of the parties;
3) freedom of the choice of the matters to be discussed;
4) voluntariness of the assumption of obligations;
5) respect for the interests of the parties;
6) binding effect of collective agreements, agreements;
7) liability of the parties, their representatives for any non-performance,
through their fault, of the assumed obligations under the agreement;
8) promotion by the state for the strengthening and development of social
partnership; and
9) transparency of the decisions made.

Article 260. Social partnership bodies

Social partnership shall be implemented in the form of the interaction of the parties by
means of the following social partnership bodies:
1) at the national level — by the national tripartite commission on social
partnership and regulation of social and labour relations (the “national
commission”);

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 2) at the industry level — by the industry commissions on social partnership
and regulation of social and labour relations (the “industry commission”);
3) at the regional (oblast, town, rayon) level — by oblast, town, rayon
commissions on social partnership and regulation of social and labour
relations (the “regional commission”); and
4) at the level of organisations — in the form of agreements or collective
agreements establishing specific mutual obligations in the area of labour
among the employee and employer representatives, and, in case of
organisations with foreign interest, — by the residents of the Republic of
Kazakhstan on the basis of international treaties (agreements) and
legislation of the Republic of Kazakhstan.

Article 261. Forms of social partnership

Social partnership shall be carried out in the following forms:
collective bargaining on the drafting and execution of collective agreements,
agreements;
mutual consultations (negotiations) on the matters concerning the regulation of
labour relations and other labour related relations, ensuring of guarantees of
employees' rights in the area of labour and improvement of the labour legislation of
the Republic of Kazakhstan; and
participation of employee and employer representatives in the pre-trial resolution of
labour disputes.

Article 262. Parties to social partnership

Parties to social partnership shall be the State represented by the relevant executive
agencies, employees and employers in the person of their representatives authorised in
accordance with the established procedure.

Article 263. Arrangement of social partnership at the national level

1. The national commission shall be a continuing body for the ensuring of the
reconciliation of the interests of the parties to social partnership through
consultations and negotiations, which shall be documented in the form of the
relevant decisions.
2. The participants to the national commission shall be the authorised representatives
of the Government of the Republic of Kazakhstan, national employee associations
and national employer associations.
3. The authorised representatives of the national employee association shall be the
associations, which have business units (branches and representative offices) in the
territory of more than one half of the oblasts of the Republic of Kazakhstan, and
cities of national significance.
4. The authorised representatives of national employer association shall be the
representatives of the national union (association) of the union of private entities,
the national small-scale business association, the national industry association of
private entities.

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 The representation of the specified unions (associations) shall be pro rata to the
number of the member national public associations.

Article 264. Arrangement of social partnership at the industry level

1. An industry commission shall be a continuing body designed to reconcile the
interests of the parties to social partnership through consultations and negotiations,
which shall be documented in the form of the relevant decisions. For the purpose of
this Code, the list of industries shall be established by the national commission.
2. The participants to the industry commissions shall be the authorised representatives
of the authorised government agencies in the relevant areas of activity, the
employer and employee representatives.
3. The authorised representatives of industry employee associations shall be the
industry trade unions, which have business units (branches and representative
offices) in the territory of oblasts, and cities of national significance.
4. The authorised employer representatives shall be the representatives of industry
organisations.

Article 265. Arrangement of social partnership at the regional level

1. A regional commission shall be a continuing body designed to reconcile the
interests of the parties to social partnership through consultations and negotiations,
which shall be documented in the form of relevant agreements and decisions.
2. The participants to the regional commissions shall be the relevant authorised
representatives of the local executive agencies, the employer and employee
representatives.
3. The authorised representatives of regional employee associations shall be the
associations of trade unions at the oblast, town and rayon levels.
4. The authorised employer representatives at the regional level shall be: at the oblast
level — oblast associations of private business entities, oblast associations on small
entrepreneurship; and
at town, rayon levels — the town, rayon small-scale business associations.

Article 266. Regulation of social-labour relations at the level of an organisation

1. For the ensuring of the regulation of social-labour relations, collective bargaining
and drafting and execution of collective agreements, discussion of the drafts of the
employer regulations, which, in accordance with this Code, shall come into force,
subject to, or as agreed upon with, the employee representatives, and also for the
arrangement of control over the performance of the collective agreements, the
commissions shall be formed on the basis of the equality of rights, at the decision of
the parties from amongst the parties' representatives vested with the necessary
authority.
2. An employer shall, in accordance with conditions of the collective agreement,
create the conditions for the activity of the trade union at the organisation.
3. As agreed by the parties, and subject to written applications from the employees,
who are members of the trade union, the employer may withhold monthly trade

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 union membership fees from the wages of employees and transfer them to the
account of the trade union.

Article 267. Principles and procedure for the formation of the continuing
national, industry, regional commissions
1. The continuing national, industry, regional commissions shall be formed on the
basis of the following principles:
1) binding effect of the requirement that the representatives of the executive
power agencies, the employer and employee representatives shall participate
in the activity of the commissions;
2) full authority of the parties;
3) parity representation;
4) equality of the rights of the parties; and
5) mutual liability of the parties.
2. The personal membership of the participants to the commissions shall be formed by
each party to social partnership independently.

Article 268. Principal goal and objectives of the national, industry, regional
commissions
1. The principal goal of the commissions shall be to regulate social and labour
relations and reconcile the interests of the parties to the social partnership.
2. The principal objectives of the commissions shall be to:
1) reconcile the positions of the parties to social partnership on the main lines
of social and economic policy;
2) prepare and execute agreements;
3) work out, reconcile and approve the arrangements for the implementation of
the agreements; and
4) conduct consultations and prepare recommendations on the matters
concerning ratification and application of international labour standards.
3. The commissions shall operate in accordance with the regulations and plans of
work approved by them. The meetings of the commissions shall be held at least
twice a year.

Article 269. Principal rights of the national, industry and regional commissions
The national, industry and regional commissions shall have the right to:
1) consider at their meetings the problems of pursuing the consistent policy in
the area of social and labour relations;
2) reconcile the interests of executive bodies, employer and employee
associations in the course of the drafting and implementation of agreements,
and execution of the commission's decisions;
3) inquire from the executive bodies, employers and/or employee
representatives the information on the agreements made or to be made for
the regulation of social and labour relations;

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 4) maintain control over the performance of their decisions and, in case of the
responsible persons' failure to perform them, to deliver information to the
relevant party to social partnership containing the proposals for the
remediation of the violations detected and the inflicting of liability upon the
persons who are guilty of the failure to comply with the provisions of the
agreement;
5) inquire and receive from executive bodies any information on the social
status necessary for the collective bargaining and drafting of agreements,
arrangement of control over the performance of the specified agreements;
6) bring proposals pertaining to the drafting of laws and regulations in the area
of social and labour relations for consideration by the authorised
government agencies;
7) set up working groups with the involvement of scientists and specialists;
8) invite the officers of executive agencies, public associations and also
independent experts to the meetings of the commission;
9) adopt joint agreements and decisions, which shall be binding upon executive
agencies, employer and employee associations to be considered and
performed within the term established by the commission; and
10) participate in international, national, interregional meetings, conferences,
congresses, seminars on the matters of social and labour relations and social
partnership in accordance with the procedure agreed with the arrangers of
the specified events.

Article 270. Powers of employee representatives

1. The employee representatives shall have the right to:
1) represent and defend the social-labour rights and interests of employees;
2) conduct collective bargaining with the employer on the drafting and
execution of agreements, collective agreements, receive necessary
information on the labour relations matters for these purposes;
3) participate in the resolution of the problems of social and economic
development provided for in the agreements or collective agreements;
4) maintain public control in accordance with the procedure established by this
Code;
5) interact with state inspectors of the authorised government labour agency in
relation to any violations of the labour legislation;
6) in accordance with agreements and collective agreements, visit work places
for research and taking measures to ensure normal labour conditions;
7) participate in the work of advisory bodies involved in the drafting and
consideration of draft legislative acts, programmes related to labour
relations and social and economic matters;
8) participate in the settlement of labour disputes between the employee and
the employer in accordance with the procedure established by this Code;
and

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 9) conduct meetings, demonstrations, rallies, pickets, in accordance with the
procedure provided by the legislation of the Republic of Kazakhstan.
2. Employers shall not be allowed to impede the exercise of the powers by the
employee representatives.

Chapter 30. PROCEDURE FOR THE ENTERING INTO AGREEMENTS BY THE

PARTIES TO SOCIAL PARTNERSHIP

Article 271. Right to conduct negotiations concerning the drafting of agreements

1. Any of the parties to social partnership shall have the right to initiate negotiations
for the drafting, contents, execution, amendments and supplements to the
agreements.
2. If there are several representatives authorised by employees and employers at the
national, industry, regional levels, each of them shall be given the right to negotiate
on behalf of the employees and employers represented by them.

Article 272. Procedure for negotiation, drafting of, and entering into, agreements
1. The parties who received from another party written proposals to commence
negotiations, shall be obliged to consider them and proceed to negotiations within
ten calendar days.
If any controversies among the parties in relation to any provision of an industry
agreement remain during three months following the commencement of the
negotiations, the parties shall be obliged to sign the industry agreement on the
agreed terms with the simultaneous execution of a controversy protocol.
2. The procedure for the negotiation, timing for the drafting of, and entering into, the
agreements, and also the procedure for the amending, supplementing of, and
adhesion to, the agreements shall be approved by the commissions.
3. The agreements shall become effective upon the signing by the parties or upon the
dates stipulated in the agreements. All annexes to the agreements shall be their
integral parts and shall have equal legal force.
4. The term of agreements shall be established as agreed among the parties or until
another agreement is adopted, but it must not exceed three years.
5. In those cases where the effect of several agreements simultaneously extends to
employees, the most employee-favourable conditions of the agreements shall apply.
6. General, industry, regional agreements shall be signed by the representatives of the
parties to social partnership.
7. The industry, regional agreements signed by the parties, together with annexes
thereto, shall be sent for a notification-type registration within a ten-day period.

Article 273. Procedure for the making of decisions by the republic's, industry,
regional commissions
1. Decisions of the commissions shall be made only on the basis of consensus reached
by all of the parties to the negotiations and shall be documented as the relevant
agreements.

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2. If the parties failed to reach a consensus in the course of negotiations, a protocol
shall be prepared, which shall specify the finally worded proposals of the parties on
the elimination of controversies and on the time of resuming the negotiations.
3. The procedure for the making of decisions and arrangement of work shall be
developed and approved by the commissions.

Article 274. Coordinators of the commissions

Coordinators of the national, industry and regional commissions shall be appointed by a
joint decision of the parties. Coordinators of the commissions shall:
1) not interfere with the activities of the parties;
2) invite for participation in the work of the commissions: the representatives
of employer and employee associations, representatives of executive power
agencies which are not the members of the commissions, and also scientists
and specialists, representatives of other organisations;
3) ensures the work of the commissions and working groups, keeping of
minutes, drafting of decisions and control over performance of the
decisions.

Article 275. Parties to agreements; types of agreements

1. A General Agreement among the Government of the Republic of Kazakhstan, the
national employer associations and the national employee associations shall be
entered into at the national level.
2. Industry agreements among between the relevant executive bodies, fully authorised
employer and employee representatives shall be entered into at the industry level.
3. Regional (oblast, town, rayon) agreements among the local executive agencies and
fully authorised employer and employee representatives shall be entered into at the
regional level.

Article 276. Contents of Agreements

1. The agreements must contain the provisions concerning:
1) effective term;
2) procedure for control over the performance;
3) procedure for making amendments and supplements to the agreement; and
4) liability of the parties in case of the failure to perform assumed obligations.
2. The contents of the General Agreement shall be determined by the national
commission, by reference to the drafts of the General Agreement submitted by all
or any of the parties to the social partnership.
3. The contents of the industry and regional agreements shall be determined by
industry and regional commissions on the basis of the drafts of the agreements
submitted by all or any of the parties to the social partnership.
4. The agreements may contain the provisions concerning:

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 1) remuneration plan, labour conditions and occupational health, regime of
labour and rest. The amount of the minimum wage rate (salary) in particular
industries shall be determined by the industry agreements;
2) mechanism for the regulation of remuneration plan, by reference to the level
of prices and rate of inflation, minimum subsistence level and the
achievement of the indices determined by the agreement;
3) compensatory payments;
4) employment support, occupational training and retraining of employees;
5) arrangement of healthcare of employees at work through the creation of
favourable conditions for work and rest and maintenance of the appropriate
environment;
6) measures for the promotion of healthy lifestyle;
7) special arrangements for the social protection of employees and members of
their families;
8) measures for the protection of employees in case of temporary suspension of
production;
9) prevention of conflicts and strikes, strengthening of labour discipline;
10) conditions for the performance of activity by the employee representatives;
11) other provisions on social-labour matters not contradicting the legislation;
and
12) promotion of the social infrastructure development.
5. The industry agreements must contain the provisions concerning:
1) remuneration plan, labour conditions and occupational health, regime of
labour and rest;
2) compensatory payments;
3) special arrangements for the social protection of employees;
4) mechanism for the regulation of the remuneration plan, by reference to the
rate of inflation, minimum subsistence level and the achievement of the
indices determined by the agreement; and
5) establishment of multiplying ratios for a particular industry.
6. Any provisions of the agreements deteriorating the position of the employees in
comparison with the labour legislation of the Republic of Kazakhstan shall be held
invalid.

Article 277. Registration of agreements

1. The registration of the industry and regional agreements entered into at the oblast
level shall be conducted by the authorised government labour agency.
2. The registration of the industry and regional agreements entered into at the town,
rayon level shall be conducted by the local executive agencies.

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Article 278. Effect of the agreements
1. Agreements shall apply to the relevant executive agencies, employees and
employers that have authorised the relevant representatives of the parties to draft
and execute those agreements on their behalf in the course of negotiations.
2. The agreements shall be effective in respect of:
all employers that are the members of the employer associations which entered into
a particular agreement. The termination of membership in an employer association
shall not release the employer from the duty to perform any agreement entered into
during the membership period. The employer who entered into an employer
association during the term of any agreement shall be obliged to comply with the
undertakings provided by that agreement;
employers that adhered to the agreement after its execution.
3. Agreements shall also apply to organisations located in the territory of the Republic
of Kazakhstan, whose owners of property, founders (participants) or shareholders
are foreign natural persons or legal entities or organisations with foreign interest.
4. After the publication of the agreements, the authorised government labour agency at
the national level; authorised government agencies in the relevant area of activities
at the industry level; and local executive agencies at the regional levels shall have
the right to propose the employer associations, employers, employee associations,
who did not participate in the execution of the agreements to adhere to the
agreement at the relevant level. The specified proposal shall be officially published.
If the employer associations, employers, employee associations failed, within 30
calendar days following the official publication of the proposal on the adherence to
the agreement, to submit a written reasoned refusal to adhere thereto to the relevant
executive agencies, the agreement shall be deemed to be applicable to them as of
the day of the official publication of that proposal.

Article 279. Control over the performance of agreements

Control over the performance of agreements shall be maintained by the parties to social
partnership.

Article 280. Liability for evasion from participation in negotiations

The evasion of the parties' representatives from the participation in negotiations on the
entering into, amending of a social partnership agreement, or unlawful refusal to sign an
agreed social partnership agreement, failure to provide information necessary for
negotiating, and controlling over the compliance with the standards of, a social partnership
agreement, as well as violation of, or failure to perform, its conditions shall inflict liability
established by laws of the Republic of Kazakhstan.

Chapter 31. COLLECTIVE AGREEMENT

Article 281. Principles of collective bargaining

The principles of collective bargaining shall be:
the equality of the rights and respect for the interests of the parties;

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 freedom of choice of the discussed matters contained in the collective agreement or
agreements;
voluntariness of the assumption of obligations by the parties; and
compliance with the labour legislation of the Republic of Kazakhstan.

Article 282. Procedure for the collective bargaining, drafting of, and entering into,
collective agreements
1. Any of the parties may initiate the drafting of a collective agreement.
A party which received a notice from the other party containing a proposal to
commence negotiations on the entering into a collective agreement shall be obliged
to consider it and to enter into negotiations in accordance with the procedure
established by paragraph 2 of this Article within a ten-day period.
2. For the collective bargaining and drafting of a collective agreement, the parties shall
form a commission on a parity basis. The number of members in the commission,
personal membership, period of the drafting of, and entering into, the collective
agreement shall be determined by agreement between the parties.
The employer shall provide for the conditions, as agreed among the parties,
necessary for the drafting of, and entering into, the collective agreement.
Those employees who are not members of a trade union shall have the right to
authorise both a trade union body and other representatives to represent their
interests in the relations with the employer.
If there are several employee representatives in the organisation, they may form a
sole representative body for the participation in the commission and for the
execution of the collective agreement. Each of them shall be given the right for
representation, as a member of the sole negotiating body, pro rata to the number of
employees represented by them.
3. A draft collective agreement prepared by the commission shall be subject to
obligatory discussion by the organisation's employees. The forms of discussion of
the draft shall be determined by the employees themselves. The draft shall be
elaborated by the commission taking into consideration the comments and
proposals so received.
4. Upon the achievement of consensus by the parties, the collective agreement shall be
made in no less than two originals and signed by the parties' representatives.
5. If any controversies between the parties on any provisions of a collective agreement
remain during one month following the commencement of the collective
bargaining, the parties shall be obliged to sign the collective agreement on the
agreed terms with the simultaneous execution of a controversy protocol.
6. A collective agreement may be amended or supplemented subject only to the
mutual agreement of the parties in accordance with the procedure established by
this Article for the entry into such agreement.
7. The parties to the collective bargaining shall have no right to disclose any data
obtained if such data constitutes state secrets, official secrets, commercial secrets or
other secrets protected by law.

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8. The parties to the collective bargaining may be excused from the performance of
their job duties for the time of the collective bargaining with the continued payment
of average monthly wage. This period shall be included in their duration of
employment.
9. The parties' representatives shall be obliged to submit, within a one-month period,
the collective agreement signed by the parties to the relevant territorial division of
the authorised government labour agency for monitoring.
10. The parties' representatives shall be obliged to inform employees, from time to
time, on the progress of the implementation of the collective agreement.

Article 283. Parties to collective agreements

1. Parties to a collective agreement shall be employees and employer.
2. A collective agreement may be entered into both at organisations and at branches
and representative offices.

Article 284. Contents and structure of collective agreements

1. The contents and structure of a collective agreement shall be determined by the
parties. A collective agreement must contain the following provisions:
1) work measurement, forms, remuneration systems, wage rates and salaries,
allowances and additional payments for employees, including those engaged
in heavy work, work under harmful (extremely harmful) and/or hazardous
labour conditions;
2) index-linking of remuneration plan, payment of benefits and compensatory
payments, including additional compensations in case of accidents;
3) permissible difference between the maximum and minimum wages for
particular professions, positions in the organisation;
4) fixing of inter-grade coefficients;
5) duration of working time and rest time, vacations;
6) creation of healthy and safe labour and welfare conditions, amounts of
financing of safety and occupational health arrangements, healthcare
enhancement, guarantees of medical insurance for employees and their
families, environment protection; and
7) setting of inter-grade coefficients in the relevant industry.
2. Collective agreements may contain mutual undertakings of employees and
employer on the following matters:
1) improvement of labour management and performance;
2) regulation of internal labour policy and labour discipline;
3) provision of employment, training, professional development, retraining and
employment assistance to dismissed employees;
4) guarantees and incentives for the employees who combine work with
education;
5) improvement of living and welfare conditions of employees;

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 6) health rehabilitation, sanatorium-resort therapy and rest of employees;
7) procedure for the taking into consideration of a reasoned opinion of the
organisation's trade union body when dissolving employment agreements
with the employees who are members of the trade union;
8) guarantees for the employees elected as members of the trade union bodies;
9) conditions for the employee representatives' activity;
10) creation of proper conditions for the trade union's activity;
11) insurance of employees;
12) control over the performance of the collective agreement and procedure for
making amendments and supplements thereto;
13) prevention of the termination of employment agreements by employer by
reason of strikes;
14) liability of the employees and employer for damage caused by them;
15) liability of the parties to comply with the collective agreement;
16) voluntary professional pension contributions; and
17) other matters determined by the parties.
3. The collective agreements must not deteriorate the position of employees in
comparison with the labour legislation, general, industry, regional agreements. Such
provisions shall be held invalid.

Article 285. Term and application of collective agreements

1. A collective agreement shall be entered into for a term to be determined by the
parties.
2. A collective agreement shall come into force upon its signing, unless otherwise
provided therein, and shall be binding upon the parties thereto.
3. A collective agreement shall apply to the employer and employees on whose behalf
the collective agreement was made, and the employees who have adhered thereto
on the basis of an application in writing.
4. A collective agreement shall remain effective during reorganisations (consolidation,
merger, split-up, spin-off, transformation) of the organisation.
5. In the event of change in the owner of the organisation's property, the collective
agreement shall remain in effect for three months. During that period, the parties
shall have the right to start negotiations for the entering into another collective
agreement or preserving, amending and supplementing the current one.
6. In the event of liquidation or bankruptcy of the organisation, the collective
agreement shall terminate upon the termination of employment agreements with all
of the employees.

Article 286. Liability of the parties for the failure to perform collective agreement
The parties shall be liable for the failure to perform obligations provided by the collective
agreement in accordance with the collective agreement and laws of the Republic of
Kazakhstan.

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Article 287. Guarantees and compensations for the time of negotiations
Invited experts and specialists shall be paid under an appropriate engagement letter entered
into with them by employers or employee representative bodies.
Members of employee representative bodies participating in the collective bargaining may
not be dismissed by the employer during the period of such collective bargaining without
consent of the relevant representative body (except in the cases of liquidation of the
organisation).

Chapter 32. SETTLEMENT OF COLLECTIVE LABOUR DISPUTES

Article 288. Arising of collective labour disputes

1. A collective labour dispute shall be deemed arisen as of the date of written notice to
the employer setting out the details of the claims of employees approved by the
decision of the general meeting (conference), or the date of expiry of the period
referred to in Article 290 of this Code, in case of failure by the employer, employer
association to notify their decisions.
2. Collective labour disputes shall be settled by way of conciliation procedures and/or
in court.

Article 289. Documentation and bringing employees' claims

1. Employee claims on the matters of the establishing and changing of labour
conditions and remuneration plan, entering into, amending and performing of
collective agreements and agreements between employees and employer, employer
association, shall be formed and approved at the general meeting (conference) of
employees subject to the presence of at least half of the total number of the
organisation's employees by a majority vote of the participants of the meeting
(conference).
2. Employee claims shall be set out in writing and delivered to the employer,
employer associations within three calendar days following the general meeting
(conference) of employees.
3. In the event that claims are brought by the employees of various employers, such
claims may be represented by industry or regional associations of trade unions or
other natural persons and/or legal entities authorised by employees.
4. An employer, employer association shall be obliged to refrain from any interference
capable of impeding a meeting (conference) of employees for the formulation of
claims.

Article 290. Consideration of employees' claims

The employer or employer association shall be obliged to consider the claims brought by
employees no later than in seven calendar days of their receipt and shall take measures for
their resolution; should such resolution be impossible, they shall communicate their
decisions and proposals to the employees in writing within the stated period, identifying
their representatives for further consideration of the arisen controversies.

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Article 291. Conciliation procedures
1. Any claims of employees that cannot be resolved in accordance with the procedure
provided by Article 290 of this Code shall be referred to conciliation procedures.
Claims declined by the employer, employer association (their representatives) or
claims partially met by them shall be initially considered before a conciliation
commission, and if no agreement is reached before it, by labour arbitration.
2. The parties may refer to a mediator at any of the stages of a collective labour
dispute. The mediation procedure shall be independent from the conciliation
procedures before the conciliation commission, labour arbitration and may proceed
concurrently with them.

Article 292. Conciliation commission

1. A conciliation commission shall be formed by the parties during three calendar days
following the communication, or failure to communicate, their decision by the
employer, employer association (their representatives) to employees (their
representatives) or following the date of execution of a controversy protocol in the
course of collective bargaining.
2. The conciliation commission shall be formed of the representatives of the parties to
the collective labour dispute on a parity basis. A decision to form the conciliation
commission shall be documented in the form of an employer regulation and
decision of the employee representatives.
3. The conciliation commission shall consider the claims of employees (their
representatives) within no more than seven calendar days following the date of its
formation. The procedure for the consideration of claims by the conciliation
commission and extension of the specified period for the consideration shall be
carried out upon agreement of the parties and documented in the form of a protocol.
4. In the process of the conciliation procedures, the conciliation commission shall
consult with employees (their representatives), employer, employer association
(their representatives), government agencies and other persons concerned.
5. The commission shall make its decision on the basis of agreements of the parties
executed in the form of a protocol to be signed by the parties' representatives, and
shall be binding upon the parties.
6. If no agreement is reached before the conciliation commission, its work shall
terminate, and a labour arbitration shall be formed to resolve the dispute.

Article 293. Labour arbitration

1. The labour arbitration shall be formed by the parties to a collective labour dispute
within five calendar days following the date of termination of the work of the
conciliation commission, with the participation of the members of the national,
industry or regional commissions for the regulation of social-labour relations.
2. The number of members of labour arbitration, its personal membership, procedure
for labour dispute consideration shall be determined upon agreement of the parties.
The labour arbitration must consist of no less than five members. The members of
the labour arbitration shall be the representatives of public associations, state labour
inspector, specialists, experts and other persons.

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3. The chairman of the labour arbitration shall be elected by the parties from amongst
the members of the arbitration.
4. A collective labour dispute shall be considered by labour arbitration with the
obligatory participation of the representatives of the parties to the collective labour
dispute, and, where necessary, also with the involvement of the representatives of
other persons concerned.
5. The procedure for dispute consideration shall be determined by labour arbitration
and communicated to the parties to the collective labour dispute.
6. The award of the labour arbitration shall be rendered no later than in seven calendar
days following the date of its formation by a simple majority vote of the arbitration
members. In case of the equality of votes of the labour arbitration's members, the
chairman shall have the casting vote. An award must be reasoned and must be made
in writing and signed by all members of the arbitration.
7. If no agreement is reached by the parties to a collective labour dispute before a
conciliation commission in such organisations where the law prohibits or restricts
strikes, it shall be obligatory that a labour arbitration be formed.
8. The award of the labour arbitration shall be binding upon the parties to a collective
labour dispute.

Article 294. Consideration of collective labour disputes with the involvement

of mediators
1. The procedure for the consideration of a collective labour dispute with the
involvement of a mediator shall be determined by agreement of the parties to the
collective labour dispute.
2. The parties shall nominate organisation and persons, who shall be independent from
them, as mediators. The national, industry, regional commission on the regulation
of social-labour relations may, with consent of the parties to the collective labour
dispute, involve managers and employees of central and local executive agencies,
associations and other public associations, employers, and also independent experts,
in the work on the settlement of collective labour disputes.
In all cases where mediators are elected, written consents shall have been received
from them for the mediation.

Article 295. Effect of the achievement of agreement by the parties to a collective

labour dispute
1. Where an agreement is reached between the parties to a collective labour dispute for
its resolution, with or without the involvement of a mediator, any pending
conciliation procedures shall terminate, and the terms and conditions of the
agreement between the parties shall be deemed to be the conditions of the dispute
resolution.
The agreements reached by the parties to a collective labour dispute shall be
documented in writing.
2. The fact that the parties reached an agreement on dispute resolution shall entail that
a strike, if any, shall be called off.

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Article 296. Guarantees in connection with the resolution of collective labour disputes
The members of the conciliation commission shall be excused from their primary work for
the time of their participation in the negotiations for the resolution of a collective labour
dispute, with the continued payment of average wage.
The employee representatives, their associations participating in the resolution of a
collective labour dispute may not, during the period of the resolution of the collective
labour dispute, be subjected to disciplinary action, transferred to other work and their
employment agreements may not be dissolved at the initiative of the employer without the
prior consent of the body which has authorised them for the representation.

Article 297. Obligations of the parties and conciliation bodies to settle collective
labour disputes
1. Neither of the parties shall have the right to elude from the participation in the
conciliation procedures.
2. Any unsettled controversies in the collective labour dispute must be communicated
to the parties in writing by the conciliation commission or labour arbitration.
3. If settlement of controversies of the parties to a collective labour dispute is
impossible by reason of lack of authority of the employer representative, the
employees' claims shall be submitted to the owners of property, founders
(participants) or shareholders of organisations, including organisations located in
the territory of the Republic of Kazakhstan, whose owners of property, are foreign
natural persons or legal entities or organisations with foreign participation.
4. If the employees disagree with the results of the procedures specified in paragraphs
2, 3 of this Article, the employees shall have the right to use all other statutory
methods of defending its interests up to a strike.

Article 298. Right to strikes

1. Employees may pass a decision to stage a strike, if the conciliation procedures did
not result in the resolution of a collective labour dispute, and also in the cases
where the employer evades from the conciliation procedures or fails to perform the
agreement reached in the course of the resolution of a collective labour dispute.
2. The decision to stage a strike shall be passed at the meeting (conference) of
employees (their representatives) subject to the presence of no less than a half of
the total number of the organisation's employees, and shall be deemed passed if
positively voted by no less than two thirds of the votes of the participants present at
the meeting (conference).
3. A strike shall be led by a body (strike committee) authorised by the employees
(their representatives). In the event that a strike is called by the employees (their
representatives) of several employers with identical claims, it may be led by a joint
body formed of the equal number of the representatives of those employees.
4. Participation in a strike shall be voluntary. Nobody may be forced to participate or
surrender the participation in a strike.
5. Any persons who force employees to participate or surrender the participation in a
strike shall be liable in accordance with the procedure established by laws of the
Republic of Kazakhstan.

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Article 299. Announcement of the beginning of a strike
1. Employer, employer association (their representatives) must be notified in writing
by the authorised body specified in Article 298.3 of this Code, of the beginning of a
strike and its possible duration no later than in fifteen calendar days prior to its
calling.
2. The decision to call a strike shall specify:
1) list of controversies of the parties, which form the grounds to conduct the
strike;
2) date, place and time of the beginning of the strike, its duration and proposed
number of participants;
3) name of the body leading the strike, details of the employee representatives
authorised to participate in the conciliation procedures;
4) proposals concerning a minimum of necessary work (services) to be
performed in the period of the strike.

Article 300. Authorities of the Bodies Leading the Strikes

1. A body leading the strike shall act within the rights provided to it by this Code and
on the basis of the authority vested in it by the employees (their representatives).
2. A body leading the strike shall have the right to:
1) represent the interests of employees in the mutual relations with the
employer, employer association (their representatives), government, trade-
union, other legal entities and officials on the matters of the resolution of the
advanced claims;
2) receive information on the matters affecting the employees' interests from
the employer, employer associations (their representatives);
3) cover the progress of the consideration of the employees' claims in mass
media;
4) engage specialists to give their opinions on the matters in dispute; and
5) suspend the strike with the consent of employees (their representatives).
3. For an earlier suspended strike to be resumed, no repeated consideration of the
dispute by the conciliation commission, mediator or labour arbitration shall be
required. Employer, employer association (their representatives) and the body for
the settlement of labour disputes must be notified of the resumption of the strike no
later than three working days in advance.
4. The authority of the body leading the strike shall terminate in the cases where the
parties to the collective labour dispute have signed an agreement on its resolution,
and also in the case where the strike is held unlawful.
5. In the course of exercising of its authority, the boding leading the strike shall have
no right to make any decisions falling within the competence of the employer,
government agencies and public associations.

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Article 301. Obligations of the parties to a collective labour dispute in the course of a
strike
During the period when a strike is conducted, the parties to the collective labour dispute
shall be obliged to continue the resolution of that dispute through conciliation procedures.
The employer, government agencies and the body leading the strike shall be obliged to take
measures depending on them for the keeping of public order, safe custody of the
organisation's property and employee safety, and also for the work of machinery and
equipment the shutdown of which would constitute a direct threat to life and health of
people, during the strike.

Article 302. Guarantees for employees in connection with strikes

1. The arrangement of, or participation in, strikes (except for the cases provided by
Article 303.1 of this Code) may not be considered as a violation by employees of
labour discipline and may not result in the application of any disciplinary actions
provided by this Code.
2. During the time of the strike, the employee shall reserve his work place (position),
entitlement to social insurance benefits, duration of employment, and also other
rights arising from the labour relations shall be guaranteed for him.
The payment of wage shall not be continued for the time during the strike, unless
the strike is staged in connection with the failure to pay, or delay in the payment of,
the wages.

Article 303. Unlawful strikes

1. Strikes shall be deemed unlawful:
1) if they are called in the periods of martial or state of emergency or special
measures in accordance with the legislation of the state of emergency; in the
agencies and organisations of the Military Forces of the Republic of
Kazakhstan, other military units and organisations in charge of the ensuring
of the country's defence, security of the state, emergency-and-rescue,
search-and-rescue, fire-fighting work, prevention or remediation of
emergencies; in the law enforcement agencies; in the organisations that are
hazardous industrial facilities, at the medical emergency and first-aid
stations;
2) at the organisations of railway transport, civil aviation, healthcare, the
organisations providing for the life activity of the population (public
transport, supply of water, power, heat, communications), at the continuing
production processes the suspension of which would cause severe and
hazardous consequences in case of non-compliance with the conditions
stated in paragraph 2 of this Article;
3) if called without reference to the timing, procedures and requirements
provided by this Code;
4) in the cases where they create real threat to the life and health of people; and
5) in other cases provided laws of the Republic of Kazakhstan.
If there is one of the grounds specified in this section, a prosecutor shall have the
right to suspend the strike until a court renders a relevant judgement.

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2. At the organisations of railway transport, civil aviation, healthcare, the
organisations providing for the life activity of the population (public transport,
supply of water, power, heat, communications), the strikes shall be staged subject to
the continuation of the list and amount of the relevant services necessary for the
population as determined on the basis of a prior agreement with the local executive
agency.
At the continuing production processes, the strikes may be staged subject only to
the ensuring of the failure-free operation of the primary equipment, mechanisms.
3. A judgement holding a strike unlawful shall be rendered by a court in accordance
with the laws of the Republic of Kazakhstan.
4. A judgement holding a strike unlawfully shall be rendered by a court at the
application filed by employer or prosecutor.
The court judgement shall be communicated to the employees through the body
leading the strike, which shall be obliged to notify the participants of the strike on
the court judgement immediately.
The legally effective court judgement holding a strike unlawful shall be enforced
forthwith.
In the event that direct threat to life and health of people arises, the prosecutor or
court shall have the right to suspend the strike before the relevant judgement is
rendered.
5. The body leading the strike shall have the right to appeal against the court
judgement in accordance with the procedure established by the laws of the Republic
of Kazakhstan.

Article 304. Effect of the holding of a strike unlawful

Where a court holds a strike unlawful, the employer may discipline the employees
who participated in arranging or staging the strike.

Article 305. Prohibition of lock-outs

In the process of settlement of a collective labour dispute, including a strike, it shall
be prohibited to conduct a lock-out, i.e. terminate employment agreements with
employees by the employer by reason of their participation in the collective labour
dispute or strike.

SECTION 5. HEALTH AND SAFETY

Chapter 33. GOVERNMENTAL MANAGEMENT IN THE AREA OF HEALTH

AND SAFETY

Article 306. Primary lines of governmental policy in the area of health and safety
The governmental policy in the area of health and safety shall be aimed at:
1) the drafting and enactment of laws and regulations of the Republic of
Kazakhstan in the area of health and safety;
2) the preparation of state, industry (sector) and regional programmes in the
area of health and safety;

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 3) the creation and implementation of the economic incentive system for the
activity on the development and improvement of conditions, health and
safety, development and improvement of safe plant and technologies,
manufacturing of the equipment and gears for occupational health, personal
and collective protection of employees;
4) the maintenance of monitoring in the area of health and safety;
5) the undertaking of scientific researches on the problems of health and
safety;
6) the establishing of a uniform procedure for the recording of work accidents
and occupational diseases;
7) the state supervision and control over the compliance with the requirements
of the legislation of the Republic of Kazakhstan in the area of health and
safety;
8) the regulatory establishment of the procedure for public control over the
observance of rights and lawful interests of employees in the area of health
and safety at a particular organisation;
9) the protection of lawful interests of the employees who suffered from work
accidents and occupational diseases, and also members of their families;
10) the establishment of the conditions of a compensation plan for heavy work
and work under harmful (extremely harmful), hazardous labour conditions
irremovable under the up-to-date technical level of production and labour
management;
11) the extension of the advanced local and foreign experience of the work in
the enhancement of the labour conditions and occupational health;
12) training and professional development by health and safety specialists;
13) the arrangement of state statistical reporting on the rates of injuries at work,
occupational diseases;
14) the ensuring of the operation of the integrated information system in the
area of health and safety; and
15) the international cooperation in the area of health and safety.

Article 307. Governmental management, control and supervision in the area of health
and safety
The governmental management, control and supervision in the area of health and safety
shall be carried out by the Government of the Republic of Kazakhstan, authorised
government labour agency and other authorised government agencies in accordance with
their terms of competence.

Article 308. Health and safety requirements

1. Health and safety requirements shall be established by laws and regulations of the
Republic of Kazakhstan and must contain the rules, procedures and criteria
intended for the preservation of life and health of employees in the process of their
labour activity.

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2. Health and safety requirements shall be binding upon employers and employees in
the course of their activity in the territory of the Republic of Kazakhstan.

Article 309. Risk monitoring and assessment in the area of occupational health and
safety
For the purpose of a comprehensive assessment of labour conditions at work places,
reduction of injuries at work and prevention of work accidents, the authorised government
labour agency and its territorial divisions shall arrange for the monitoring and assessment
of risks in the area of health and safety.

Chapter 34. GUARANTEES OF EMPLOYEES' RIGHTS IN THE AREA

OF HEALTH AND SAFETY

Article 310. Guarantees of the Rights to Health and safety when Entering into
Employment Agreements
1. The employment agreements must contain true characteristics of labour conditions,
including harmful and/or hazardous industrial factors, specify guarantees,
incentives and compensatory payments for the work is such conditions, as provided
by the legislation of the Republic of Kazakhstan and collective agreements.
2. Employment agreements with employees engaged in heavy work, work under
harmful (extremely harmful) and/or hazardous labour conditions, and also in
underground work shall be entered into after the individual passes pre-employment
medical examination and is certified to have no contraindications on the state of
health in accordance with the requirements established by the laws and regulations
of authorised government agency in the area of healthcare.

Article 311. Guarantees of the employees' rights to health and safety in the process of
labour activity
1. Safe labour conditions at work places must meet the requirements of state
standards, health and safety rules.
2. For the time of work suspension consequent upon violations by the employer of the
health and safety requirements, an employee shall reserve his work place (position)
and average wage.
3. The employee's refusal to perform any work in case of immediate hazard for his life
and health or life and health of surrounding people shall not result in the infliction
of disciplinary and/or material liability upon him.
4. In the event that the employer fails to provide the employee with personal
protective gears and/or collective protective equipment, special clothing, the
employee shall have the right to terminate the performance of the job duties, and
the employer shall be obliged to pay for the downtime arising for this reason in the
amount of average wage of the employee.
5. In the event of any harm to life and health of the employee when exercising his/her
job duties, the compensation for harm caused to him shall be made in accordance
with the procedure and on the conditions provided by this Code and the civil
legislation of the Republic of Kazakhstan.

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Article 312. Obligatory medical examination of employees
1. The employer shall be obliged, at its own expense, to arrange for the periodic
medical examinations and check-ups of employees engaged in heavy work, work
under harmful (extremely harmful) and/or hazardous labour conditions in
accordance with the procedure established by the legislation of the Republic of
Kazakhstan.
2. Employees engaged in the work associated with extreme hazard, machinery and
mechanisms shall be obliged to undergo pre-shift medical certifications. The list of
the professions requiring pre-shift medical certifications shall be determined by the
authorised government agency in the area of healthcare.

Article 313. Training, briefing and checking the knowledge of employees in health
and safety
1. The training, briefing and checking the knowledge of employees
in health and safety shall be conducted by the employer at its own expense.
2. Procedure for, and the timing of, training, briefing and checking the knowledge of
employees in health and safety shall be determined by the authorised government
labour agency as agreed upon with other authorised government agencies of the
relevant areas of activity.
3. It shall be obligatory that employed persons pass preliminary training arranged by
the employer, with the subsequent obligatory checks of the knowledge in health and
safety. Those employees, who failed to pass preliminary training and checks of
their knowledge in health and safety shall not be allowed to work.
4. Managing employees and officers of industrial organisations responsible for health
and safety issues, shall be obliged to pass training and checks of the knowledge in
health and safety at professional development courses with the relevant educational
institutions periodically, no less than once in three years.

Chapter 35. RIGHTS AND OBLIGATIONS OF EMPLOYEES AND EMPLOYERS

IN THE AREA OF HEALTH AND SAFETY

Article 314. Rights of employees to health and safety

The employees shall have the right to:
1) the work places equipped in accordance with health and safety
requirements;
2) the provision of sanitation-welfare premises, personal protective gears and
collective protective equipment, special clothing in accordance with health
and safety requirements, and also employment, collective agreements;
3) apply to the authorised government labour agency and its territorial
divisions for the inspection of labour conditions and occupational health at
their work places;
4) participate personally, or through their representatives, in the audit and
consideration of the matters related to the enhancement of labour conditions,
health and safety issues;

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 5) refuse to perform any work in case there arises a situation threatening their
health or life, with the giving of a notice to this effect to an immediate
supervisor or employer in writing;
6) education and professional training as necessary to safely perform the job
duties in accordance with the procedure established by the legislation of the
Republic of Kazakhstan;
7) receive true information from the employer as regards the characteristics of
their work places and territory of the organisations, state of labour
conditions, health and safety, any existing danger to life and health, and also
on the measures to protect the employees against the exposure to harmful
(extremely harmful) and/or hazardous industrial factors;
8) receive average wage for the time of suspension of the organisation's work
due to any incompliance with health and safety requirements; and
9) appeal against any wrongful acts of the employers in the area of health and
safety.

Article 315. Obligations of employees in relation to health and safety

Employees shall be obliged to:
1) notify their immediate supervisor immediately on every accident that
happened at work, symptoms of occupational disease (poisoning), and also
on any situations endangering life and health of people;
2) pass obligatory periodical medical examinations and pre-shift medical
certifications, and also medical certifications for being transferred to other
work due to production necessity or in case that occupational disease
symptoms appear;
3) apply and use for the purpose specified any personal protective gears and
collective protective equipment provided by the employers;
4) carry out any therapeutic and recreation measures prescribed by medical
institutions in case they are financed by the employers; and
5) comply with requirements to health and safety, rules and instructions, and
also the requirements of employers to safety at work.

Article 316. Rights of employers in the area of health and safety

Employers shall have the right to:
1) incentivise employees to create favourable labour conditions at work places,
proposals for technical improvement for the creation of safe labour
conditions; and
2) take off the job and discipline the employees violating health and safety
regulations in accordance with the procedure established by this Code.

Article 317. Obligations of employers in the area of health and safety

1. Employers shall be obliged to:

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1) take measures for the prevention of any risks at work places and
technological processes through prophylactics, replacement of production
equipment and technological processes for safer ones;
2) conduct education and training of employees on health and safety;
3) carry out administrative and technical measures on health and safety;
4) carry out briefing, provide documents on safety in industrial processes and
work;
5) pass checks of the knowledge in health and safety and arrange for the
checks of the knowledge of managers and specialists in accordance with the
rules approved by the authorised government labour agency;
6) create necessary sanitation-hygiene conditions for employees, provide for
the repair of special clothing and footwear of employees, supplies of
preventive treatment agents, cleaning and anti-infective agents, first aid kits,
milk, therapeutic and prophylactics meals in accordance with the standards
established by the authorised government labour agency;
7) submit necessary information on the safety status, labour conditions and
occupational health in the organisations to the authorised government labour
agency and its territorial divisions, officials of the sanitation-
epidemiological service agencies, employee representatives at their written
request;
8) comply with the orders of state labour inspectors;
9) carry out registration, recording and analysis of work accidents and
occupational diseases;
10) conduct, with the participation of employee representatives, periodical
certification of industrial facilities in terms of labour conditions no less than
once in five years, and also obligatory certification following reconstruction,
modernisations, installation of new plant or technology in accordance with
the rules approved by the authorised government labour agency;
11) ensure that work accidents be investigated in accordance with the procedure
established by the legislation of the Republic of Kazakhstan;
12) maintain insurance of liability for harm to health and life of employees in
the course of their performance of the job duties;
13) notify the relevant territorial divisions of the authorised government agency
in the area of sanitation-epidemiological public welfare about the
occurrences of acute poisoning;
14) provide for safe labour conditions;
15) conduct, at its own expense, obligatory, periodical (during the labour
activity) medical examinations and pre-shift medical certifications of
employees in the cases provided by the legislation of the Republic of
Kazakhstan, and also in the cases of transfer to other work with the
changing of labour conditions or in case that occupational disease symptoms
appear; and
16) take immediate measures to prevent the evolution of a contingency situation
and the impact of any injuring factors on other persons.

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2. Employment or collective agreements may provide for additional obligations of
employers taking into consideration the specifics of operations and types of work,
presence of extreme hazard sources.

Article 318. Financing of health and safety arrangements

Health and safety arrangements shall be financed at the expense of employers and from
other sources not prohibited by the legislation of the Republic of Kazakhstan.
Employees shall not bear any expenses for these purposes.
The amounts of relevant proceeds shall be determined by a collective agreement.

Chapter 36. HEALTH AND SAFETY MANAGEMENT

Article 319. Enactment of laws and regulations in the area of health and safety
1. Laws and regulations in the area of health and safety shall establish organisational,
technical, technological, sanitation-hygiene, biological, physical and other
standards, rules, procedures and criteria intended to preserve life and health of the
employees in the process of their labour activity.
2. Laws and regulations in the area of health and safety shall be enacted by the
relevant authorised government agencies in accordance with the procedure
established by the Government of the Republic of Kazakhstan.
3. The drafting and approval of health and safety regulations shall be carried out by an
employer in accordance with the procedure approved by the authorised government
labour agency.

Article 320. Health and safety requirements in the course of design, construction and
operation of industrial facilities and production tools
1. It shall not be allowed to perform any design, construction and reconstruction of
industrial buildings and structures, development and use of technologies, design
engineering and manufacturing of machinery, mechanisms, equipment, which do
not meet health and safety requirements.
2. Newly built or reconstructed industrial facilities, production tools or other types of
products must not be accepted and commissioned if they do not meet health and
safety requirements.
3. Industrial facilities shall be subject to obligatory periodical certifications in terms of
labour conditions in accordance with the procedure established by the authorised
government labour agency.
4. The acceptance of an industrial-purpose facility for operation shall be carried out by
an acceptance commission with the obligatory participation of a state labour
inspector.

Article 321. Safety requirements at work places

1. Buildings (structures), in which work places are located, must meet their functional
purpose and health and safety requirements in terms of their construction.

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2. Work equipment must meet safety standards established for that type of equipment,
bear appropriate warning marks and be fitted with fencing or protection devices to
ensure safety of employees at work places.
3. Emergency ways and exits for the employees from the premises must be kept clear
and lead to open air or safety zone.
4. Hazardous zones must be marked clearly. If work places are located within any
hazardous zones, in which, because of the nature of the work, there is risk for the
employees or risks of falling objects, such places must, wherever possible, be fitted
with devices barring unauthorised access to those zones. Pedestrians and
technological vehicles must move under safe conditions in the territories of
organisations.
5. Employees must have their personal protective gears to perform work at hazardous
industrial facilities (sites), including work at elevations, underground conditions,
open chambers, at sea shelf and inland water bodies.
6. Temperature, daylight and artificial illumination, and also ventilation in the
premises where work places are located must comply with safe labour conditions
during the working time.
7. The employees shall be allowed to work under harmful labour conditions
(suspended materials concentration, gas concentration and other factors) after the
employer provides for safe labour conditions.

Chapter 37. INVESTIGATION AND RECORD OF ACCIDENTS AND OTHER

INJURIES TO HEALTH OF EMPLOYEES RELATED TO THE LABOUR
ACTIVITY

Article 322. General outline of the investigation and record of work accidents
1. The investigation and record in accordance with this Code shall be required in case
of injuries to health of employees associated with their labour activity and resulted
in the incapacity for work or death, and also:
1) persons who study at educational institutions which implement educational
programmes of primary professional, postgraduate education, during their
professional internship;
2) military servants involved in the performance of work not related to the
military service duty;
3) persons involved in labour under a court sentence; and
4) staff of paramilitary emergency-and-rescue units, paramilitary security,
members of voluntary teams for the remediation of the consequences of
wrecks, natural disasters, for the saving of human life and property.
2. The investigation and record as work accidents shall be required for the work
injuries and other injuries to health of employees associated with the performance
of their job duties, or other actions performed at their own initiative in the interests
of the employer, which resulted in incapacity for work or death, if they happened:
1) before the beginning or after the end of the working time in the course of
preparing and bringing in order the work place, instruments of production,
personal protective gears and other;

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 2) during the working time, at the work place or during a business trip or in
any other place where the employee was present due to the performance of
the job duties or other duties related to the assignment given by the
employer or the organisation's official;
3) as a result of the exposure to hazardous and/or harmful industrial factors;
4) during the working time on the way of the employee, whose activity
involves travelling among serviced facilities, to the place of work assigned
by the employer;
5) at the employer's transport in the course of the performance by the employee
of the job duties;
6) at personal transport, subject to a written consent of the employer for the
right to use it for business travel; and
7) during presence, at the direction of the employer, in the territory of the
employee's organisation or other organisation, and also when protecting the
employer's property or performing other actions at the employee's own
initiative in the interests of the employer.
3. Injuries and other injuries to health of employees at work shall not be documented
as work injuries, if it is objectively found in the course of their investigation that
they occurred:
1) when the injured performed, at his own initiative, the work or other actions
not included in the responsibility duties of the employee and not related to
the interests of the employer, including in the period of inter-shift rest and
meal break in case of work in shifts, and also under alcoholic, toxic or drug
substances (analogues) intoxication;
2) as a result of the employee's intentional (wilful) causing of harm to the his
own health or in the course of committing a criminal offence by the injured;
and
3) due to a sudden deterioration in the injured health as provide by a medical
report, which was not associated with the exposure to hazardous and/or
harmful industrial factors.
4. The injured or eyewitnesses shall be obliged to notify the employer or the arranger
of work on each accident immediately. The responsible officials of the healthcare
organisations shall notify employers and territorial divisions of state labour
inspectorate on each instance of primary requests for medical aid with injuries or
other harm to health of employees at work, and also notify the government agency
in the area of sanitation-epidemiological public welfare on the instances of acute
occupational disease (poisoning).
5. The employer shall be liable to arrange for the investigation, documentation and
registration of work accidents.

Article 323. Obligations of employers in case of work accidents

1. Employers shall:
1) arrange for the first-aid to the injured and, where necessary, his/her
transportation to a healthcare organisation;

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 2) take immediate measures to prevent the evolution of a contingency situation
and the impact of injuring factors, which caused the accident, on other
persons;
3) until the commencement of investigation, keep the scene at the place of the
accident (state of equipment and mechanisms, instruments of labour) в in
the same condition as at the time of the occurrence, provided that it does not
threaten life and health of other persons, and discontinuation of the
industrial process would not result in a wreck, and also take photographs of
the work accident place;
4) immediately notify the injured's close relatives about the work accident and
send a communication to the government agencies and organisations
determined by this Code, other laws and regulations;
5) ensure that work accidents be investigated and recorded in accordance with
this Chapter;
6) give access for the members of the commission on special investigation to
the place of occurrence for the investigation of the work accident; and
7) register, record and analyse work accidents and occupational diseases.
2. An employer shall immediately, in the form established by the authorised
government labour agency, notify of the work accident:
1) territorial divisions of the state labour inspectorate of the authorised
government labour agency;
2) the local agencies on the prevention and remediation of emergencies in case
of accidents which happened at hazardous industrial facilities;
3) the local government agency in the area of sanitation-epidemiological public
welfare in case of occupational disease or poisoning occurrences;
4) employee representatives; and
5) the insurance organisation, with which the agreement for the general
employer's insurance for harm to life and health of the employee is
maintained.
In case of the occurrence of an accident requiring special investigation in
accordance with this Chapter the employer shall be obliged to notify:
1) the law enforcement agency at the place where the accident occurred;
2) the authorised agencies of industrial and internal control and supervision.
3. In the course of investigation of a work accident, an employer shall, at its own
expense, as required by the commission, ensure:
1) technical calculations, laboratory examinations, tests, other professional
work and engagement of professionals for this purpose;
2) photographing of the place of occurrence and damaged facilities, preparing
layouts, outlines, schemes;
3) the provision of transport, service premises, communication facilities,
special clothing, special footwear and other personal protective gears
necessary for the investigation to be conducted;

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 4) the provision of the following:
documents describing the condition of the work place, presence of
hazardous and/or harmful industrial factors (layouts, outlines, schemes, and,
where necessary, photographs and video materials from the place of
occurrence, etc.);
excerpts from the logbooks of the injured's health and safety briefings and
knowledge check protocols, protocols of inquiry of accident eyewitnesses
and officials, explanations of the injured, expert opinions of specialists;
results of laboratory examinations and tests;
medical report on the form and degree of the severity of injury caused to the
health of the injured or the cause of his/her death, presence (absence) of any
signs of alcohol, drug or toxic intoxication;
copies of documents confirming that the injured was provided with special
clothing, special footwear and other personal protective gear;
excerpts from the ordinances issued previously at the specified plant
(facility) by state labour inspectors and officials of the territorial state
supervision agency (if the accident occurred at the organisation or facility
within the jurisdiction of that agency), and also excerpts from the
submissions of public health inspectors requesting to remedy any found
violations of health and safety regulatory requirements; and
other documents, at the discretion of the commission, relevant to the
consideration of the case.

Article 324. Procedure for investigation of work accidents

1. The investigation of work accidents, except for the occurrences requiring special
investigation, shall be conducted by a commission to be formed under an employer
regulation within twenty-four hours from the time of occurrence consisting of:
chairman who is the head of the organisation (industrial service) or his deputy;
members who are the health and safety manager and an employee representative.
The official who is directly responsible for labour safety at the relevant site where
accident took place shall not be included in the commission in the course of
investigation.
2. Special investigation shall be required for:
1) the accidents with severe or fatal outcome;
2) group accidents that occurred with two or more employees at the same time,
irrespective of the degree of severity of the injuries caused; and
3) group accidents of acute poisoning.
3. A work accident occurred at the employer who is a natural person, shall be
investigated with the participation of either employer, or his/her authorised
representative, employee representative, occupational health specialist who may be
engaged in the investigation of the accident on a contractual basis.

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4. In the event of an acute poisoning, the investigation by the commission shall be
conducted with the participation of the representatives of the government agency in
the area of sanitation-epidemiological public welfare.
5. A representative of the insurance organisation that has the relevant contractual
relations with the employer or the injured shall have the right to participate in the
work of the commission.
6. The period of investigation of an accident shall not exceed ten working days
following the date of the formation of the commission.
7. The investigation of accidents occurred to the persons passing industrial internship,
studying at the general education, professional schools and higher education
institutions shall be conducted by a commission to be formed by the manager of the
organisation, in whose territory the accident occurred, with the participation of the
employer and a representative of the injured.
8. The investigation of an accident occurred with an employee of an organisation
located or operating in the territory of other organisation, or with an employee, who
was sent to other organisation for the performance of a production task (service or
contractual duties), shall be conducted directly by the employer with the
participation of the responsible representative of the organisation, on whose
territory the accident occurred.
9. An accident occurred with an employee in the course of his/her secondary job shall
be investigated and recorded by the employer, in whose territory or on whose
assignment the work was performed.
10. The investigation of the accidents, which resulted from any wrecks of transportation
vehicles, shall be conducted on the basis of the traffic police's investigation files.
The traffic police shall be obliged to provide the copies of the investigation files
within five days following the traffic accident as required by the chairman of the
accident investigation commission.
11. In each instance of the investigation of work accidents, the commission shall
identify and inquire the eyewitnesses of the occurrence, the persons who committed
violations of health and safety requirements, receive necessary information from the
employer and, where possible, explanations from the injured.
12. Accidents, which were not notified to the employer in a timely manner or which
resulted in the incapacity for work not instantaneously (irrespective of the period),
shall be investigated upon application of the injured (his representative) or pursuant
to an ordinance of a state labour inspector within ten days following the date of
registration of the application, receipt of the ordinance.
13. On the basis of the collected documents and files, the commission shall substantiate
the facts and causes of the accident, determine the connection of the accident with
the production activity of the employer and, accordingly, whether the presence of
the injured at the place of occurrence was attributed to his performance of the job
duties, qualify the accident either as a work accident or as a non-work accident,
identify the persons who committed the violations of health and safety
requirements, and determine the measures to eliminate the causes and prevent the
occurrence of work accidents.

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14. The conditions of work of the accident investigation commissions at sensitive
facilities shall be determined, taking into account the specifics of access to, and
presence at, those facilities.
15. Each work-related accident that resulted the employee (employees) incapacity for
work in accordance with the medical report (recommendation) shall be documented
as an accident certificate in the form established by the authorised labour agency, in
the necessary number of originals (for each injured separately).
Any occurrences of poisoning confirmed in accordance with the established
procedure by a healthcare organisation shall also be documented in the form of an
accident certificate, regardless of whether or not they resulted in incapacity for
work loss.

Article 325. Specifics of special investigation of work accidents

1. Special investigations of accidents shall be conducted by a commission to be
formed by the territorial division of state labour inspectorate agency consisting of:
state labour inspector acting as the chairman; and
employer and employee representative acting as members.
2. Group accidents, in which two people died, shall be investigated by a commission
headed by the chief state labour inspector of oblast, city of the republic's
significance.
3. In case of accidents occurred at hazardous industrial facilities, a state inspector on
the prevention and remediation of emergencies shall be included as a member of the
commission.
In case of accidents occurred in the course of man-caused emergency situations, the
chairman of the special investigation commission shall be the state inspector on the
prevention and remediation of emergencies. In such case, the state labour inspector
shall be a member of commission.
4. The investigation of group accidents, in which from three to five people died, shall
be conducted by a commission to be formed by the authorised government labour
agency, and in case of death of more than five people, the commission shall be
formed by the Government of the Republic of Kazakhstan.
5. For the decision of the matters requiring an expert opinion, the chairman of the
special investigation commission shall have the right to form expert sub-
commissions from among the specialists of organisations, scientists and regulatory
agencies.
6. The investigation of the accidents with the employees with severe or fatal outcome,
group accidents and group acute poisoning occurrences shall be documented as a
special investigation certificate in the form established by the authorised
government labour agency.
7. It shall be flatly prohibited to conduct, without the consent of the chairman of the
special investigation commission, any inquiries of the witnesses, eyewitnesses, and
also any concurrent investigations of the accident by any one or by other
commission in the days of the work of the officially appointed commission.
8. The completion of the search for the injured, missing person(s) as a result of an
explosion, wrecks, destructions and other occurrences at the organisation's facilities

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 shall be determined by the special investigation commission on the basis of an
opinion issued by the manager of the emergency-and-rescue unit and professionals.

Article 326. Documentation of investigation files and work accident registration

1. An accident certificate shall be filled-out and signed by the managers of the health
and safety service and the organisation's unit, and also by the organisation's
employee representative, and shall be approved by employer and certified with the
seal of the organisation.
2. In case of poisoning, an accident certificate shall also be signed by a representative
of the government agency in the area of sanitation and epidemiological public
welfare.
If the employer is a natural person, an accident certificate shall be filled-out and
signed by the employer and certified by a notary.
3. The certificate must be documented in accordance with the investigation files.
If, in the course of investigating a work accident, the commission found that gross
negligence was the cause of occurrence or enlargement of harm, the commission
shall apply mixed liability of the parties and identify the degree of guilt of the
employee and the employer as a percentage.
In the event that either of the members of accident investigation commission
disagrees with the conclusions of the commission (the majority), he shall submit in
writing his reasoned opinion for inclusion in the investigation files. He shall sign
the special investigation certificate with a reservation 'see the dissenting opinion'.
4. No later than in three days following the completion of the investigation of each of
the accidents, the employer shall be obliged to issue the injured or his attorney an
accident certificate, one original of the certificate shall be sent to the insurance
organisation that has the relevant contractual relations with the employer, and the
other original shall be sent to the state labour inspectorate.
In case of a poisoning, a copy of the certificate shall also be delivered to the
government agency in the area of sanitation-epidemiological public welfare.
5. In the event of disagreement with the result of the investigation or a delay in the
documentation of the accident certificate the injured or his attorney, the
organisation's employee representative shall have the right to apply to the employer
in writing, and the employer shall be obliged to consider their application and make
a decision on the merits within a ten-day period.
6. Any controversies on the matters of investigation, documentation and registration of
accidents arising in the course of investigation among the employer, employee and
state labour inspector or state inspector on the prevention and remediation of
emergencies in case of occurrences happened at hazardous industrial facilities shall
be considered by the relevant, according to the jurisdiction, superior chief state
labour inspector and/or in a judicial procedure.
A decision of the superior chief state labour inspector on the matters of the accident
investigation shall be documented as an opinion in the form established by the
authorised government labour agency.
7. Copies of the files of the accident special investigation certificate shall be
transferred by the employer to the government control agencies. In addition, within

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 a seven-day period following the completion of the accident investigation, one copy
of the files of the special investigation certificate shall be sent by the state labour
inspector to the local agency of internal affairs, which shall, in accordance by the
legislation, make the relevant decision and notify of the decision made no later than
in twenty days.
8. Each accident documented as an accident certificate shall be entered into the
logbook of work accidents and other harm to health at work and shall be included in
the statistical report on the temporary incapacity for work and the rate of injuries at
work, which shall be signed by the employer and submitted in accordance with the
established procedure to the statistics agencies. The logbooks shall be kept in
accordance with the form established by the authorised government labour agency.
9. On a monthly basis, the employer shall be obliged to submit information, pursuant
to the accident certificates, pertaining to the accidents occurred at the organisation,
with a cumulative total for the relevant period, to the territorial agencies of state
labour inspectorate in accordance with the form established by the authorised
agency on statistics.
10. Work accidents, which, with the lapse of time, passed in the category of severe
accidents or accidents with fatal outcome, shall be notified by the employer or its
representative to the relevant state labour inspectorate, and the insured accidents
shall be notified to the executive body of the insurer (at the place of the insurant's
registration).
11. The accident investigation files shall be stored at the organisation for a period of
five years; in case of liquidation of the organisation, it shall be obligatory that the
accident investigation files be surrendered to the state archive at the place of its
business.
12. The work accident investigation files shall, along with the investigation certificate,
contain:
1) information on the passing by the injured of the occupational health training
and briefing, and pre-employment and periodical medical examinations;
2) inquiry protocols in the form established by the authorised government
labour agency, and explanations of the occurrence eyewitnesses, and also
officials responsible for the compliance with health and safety requirements;
3) layouts, schemes and photographs from the place of occurrence;
4) excerpts from instructions, policies, orders and other regulations governing
the health and safety requirements, obligations and liability of officials to
provide healthy and safe labour conditions at work, etc.;
5) medical report on the form and severity of harm caused to the health of the
injured (cause of death);
6) the results of laboratory and other examinations, tests, expert examination,
analysis, etc.;
7) the opinion (if any) of the chief state labour inspector;
8) information on the damage caused to the to employer's property;

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 9) the employer's order to compensate the injured (family members) for the
harm caused to his/her health and the inflicting of liability upon the officials
who are guilty of accident; and
10) the list of enclosed documents.
13. The injured or an employee representative shall have the right to see all files of the
accident investigation and make any necessary excerpts.

Article 327. Control over the correct, timely investigation and record of accidents
Control over the correct, timely investigation and record of accidents, and over the
performance of arrangements for the elimination of the causes of such accidents shall be
maintained by state labour inspectors within their competence by means of audits,
consideration of complaints, applications, petitions of individuals and inspections of
organisations. The audits carried out by state labour inspectors within the framework of
work accident investigation and control over the performance of arrangements for the
elimination of the causes of such accidents shall not be subject to registration and record in
accordance with the legislation of the Republic of Kazakhstan on state legal statistics and
special records.

SECTION 6. CONTROL OVER THE COMPLIANCE WITH THE LABOUR

LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Chapter 38. GOVERNMENT CONTROL

Article 328. Government Control over the Compliance with the Labour Legislation of
the Republic of Kazakhstan
1. Government control over the compliance by organisations with the labour
legislation of the Republic of Kazakhstan shall be maintained by the state labour
inspectors.
2. The state labour inspectors shall comprise:
1) the chief state labour inspector of the Republic of Kazakhstan — the
manager of the state labour inspectorate of the authorised government
labour agency of the Republic of Kazakhstan;
2) the chief state labour inspectors of the state labour inspectorate — the
officials of the state labour inspectorate of the authorised government labour
agency;
3) the chief state labour inspectors of oblast, city of national significance —
the managers of the oblast, city of national significance territorial divisions
of the state labour inspectorate of the authorised government labour agency;
4) the state labour inspectors — the officials of the oblast, city of national
significance territorial division of the state labour inspectorate agency.
3. When performing their duties, the state labour inspectors shall be protected by law
and shall be guided by the Constitution of the Republic of Kazakhstan, laws and
other laws and regulations of the Republic of Kazakhstan.
4. Any persons impeding the state labour inspector in the performance of their duties
shall bear liability in accordance with laws of the Republic of Kazakhstan.

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Article 329. Principles of activity and primary objectives of state labour inspectorate
The activity of the state labour inspectorate shall be carried out on the basis of the
principles of respect, observation and protection of rights and freedoms of the employees,
lawfulness, objectiveness, independence and openness.
The primary objectives of the state labour inspectorate shall be to:
ensure government control over the compliance by organisations with the labour
legislation of the Republic of Kazakhstan;
ensure that rights and freedoms of employees, including the right to safe labour
conditions, are observed and protected; and
consider petitions, applications and complaints of employees and employers on the
matters involving the labour legislation of the Republic of Kazakhstan.

Article 330. Rights of state labour inspectors

When exercising government control over the compliance with the labour legislation of the
Republic of Kazakhstan, the state labour inspectors shall have the right to:
1) without let or hindrance, visit organisations and enterprises for the purpose
of audits of compliance with of the labour legislation;
2) request and receive documents, explanations, information necessary for the
performance of the responsibilities imposed on them from the employers;
3) issue orders, opinions binding upon the employers, and also draw up
protocols and resolutions on administrative violations, impose
administrative sanctions;
4) provide explanations on the matters falling within their competence;
5) suspend (prohibit) the activity of organisations, individual plants,
workshops, sites, work places and the operation of equipment, mechanisms
if their incompliance with the requirements of the laws and regulations
concerning health and safety are found, for a period of no more than three
days, whereby it shall be obligatory to file a statement of claim to a court
within the specified period;
6) prohibit the provision and use at work places of any special clothing, special
footwear and other personal protective gears and collective protective
equipment incompliant with the requirements established for them;
7) seize for analysis any samples of special clothing, used or handled materials
and substances with a notice to this effect to the employer (his
representative) and execution of a relevant certificate;
8) investigate, in accordance with the established procedure, any work
accidents;
9) issue orders binding upon the employers, to taking off the work of any
employees who have not passed training, briefing, knowledge checks in
health and safety;
10) forward information, claims and other files on the facts of violations of the
labour legislation of the Republic of Kazakhstan, employers' failure to

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 comply with the directives of state labour inspectors, to the relevant law
enforcement agencies and courts;
11) participate in the knowledge checks in health and safety stipulated by the
requirements established by the authorised government labour agency;
12) conduct audits of the performance of special conditions determined when a
permission to engage foreign labour force was issued;
13) maintain control over the completeness and accuracy of the employer's
internal control over health and safety; and
14) exercise other rights provided by the legislation of the Republic of
Kazakhstan.

Article 331. Obligations of state labour inspectors

The state labour inspectors shall be obliged to:
1) maintain control over the compliance with the labour legislation of the
Republic of Kazakhstan;
2) perform audits, in a timely and quality manner, of the compliance with the
labour legislation of the Republic of Kazakhstan;
3) notify employers (their representatives) on any found violations of the
labour legislation for the purpose of taking measures to remedy them, make
submissions requiring that liability be inflicted upon the guilty persons;
4) consider, in a timely manner, any petitions of employees and employers on
the application of the labour legislation of the Republic of Kazakhstan;
5) detect causes and circumstances resulting in the violations of the labour
legislation, provide recommendations for their elimination and
reinstatement of infringed labour rights;
6) participate in the investigations of work accidents and occupational
diseases;
7) collect, analyse and summarise the causes of the violations of the labour
legislation, participate in the development and adoption of measures to
implement the arrangements aimed at the enhancement of work for the
prevention of the violations of the labour legislation of the Republic of
Kazakhstan;
8) not to disclose any received data if such data constitute state secret, official,
commercial secret or other secret protected by law, which became known to
him in connection with the performance of the job duties;
9) raise awareness on the application of the labour legislation of the Republic
of Kazakhstan; and
10) interact with individuals and employee representatives when exercising
control in the area of health and safety.

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Article 332. Rights and obligations of employers in the course of control exercised by
state labour inspectors
1. In the course of government control over the compliance with the labour legislation
of the Republic of Kazakhstan, employers shall have the right to:
1) provide explanations to the state labour inspectors with regard to the audit
reports;
2) withhold information and documents if they are not relevant to the subject
of the conducted audit; and
3) appeal against the certificate on the results of the audit and actions
(omissions) of the state labour inspectors in accordance with the procedure
established by the legislation of the Republic of Kazakhstan.
2. In the course of government control over the compliance with the labour legislation
of the Republic of Kazakhstan, employers shall be obliged to:
1) give access for the state labour inspectors to visit the territory and premises
of the audited facility without let or hindrance;
2) provide the state labour inspectors and the organisation's employee
representatives, who carry out the audit, with documents (information) in
hard copies and in electronic form, either originals or copies, for adducing
to the audit reports, and also access to electronic databases (information
systems) in accordance with the objectives and subject of audit;
3) accept for enforcement the directives of the state labour inspectors and make
a relevant note confirming the receipt thereof on the duplicate of the
certificate; and
4) submit, within due periods, the information concerning compliance with the
directives of the state labour inspectors.

Article 333. Directives of state labour inspectors

1. Depending on the identified violations of the labour legislation of the Republic of
Kazakhstan, state labour inspectors shall issue (execute) the following directives:
1) orders:
requiring to remedy the violations of the requirements of the labour
legislation of the Republic of Kazakhstan;
requiring to carry out preventative work on health and safety at the
industrial facilities and equipment, and also in industrial processes for the
preclusion of injury-threatening and contingency situations;
prohibiting (suspending) the operation of individual plants, workshops,
sites, work places and equipment, and the organisation's activity generally.
In this regard, the certificate of the prohibition (suspension) of the
organisation's activity shall be effective until a court judgement is issued;
2) protocol of administrative offence;
3) resolution on the termination of administrative proceedings; and
4) resolution on an administrative offence case.

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2. Directives of state labour inspectors shall constitute the legal penalising measures
for the violations of the requirements of the labour legislation by employers and
officials, as found (identified) in the course of audits. Directives shall be executed
in two originals, one of which shall be handed over to the employer.
3. Directives of state labour inspectors shall be binding upon officials, natural persons
and legal entities.
4. The forms of directives of state labour inspectors shall be approved by the
authorised government labour agency.

Article 334. Audits of compliance with the labour legislation of the Republic of
Kazakhstan; types, forms and timing of audits
1. Audits are divided into scheduled and unscheduled audits.
A scheduled audit is the audit scheduled by the authorised government labour
agency or its territorial division and conducted subject to the time intervals
established by the laws of the Republic of Kazakhstan relative to previous audits.
Scheduled audits may also be conducted comprehensively, jointly with other
regulatory agencies and employee representatives on the matters of compliance
with the labour legislation of the Republic of Kazakhstan.
2. Scheduled audits of a natural person or legal entity may be conducted no more often
than once a year; scheduled audits of small-scale business entities may be
conducted no more often than once in three years, unless otherwise provided by
laws of the Republic of Kazakhstan.
3. Unscheduled audits shall be conducted where natural persons or legal entities,
government agencies file petitions concerning the violations of the labour
legislation of the Republic of Kazakhstan, and also where the state labour
inspectors find any facts threatening the life and health of employees and requiring
immediate remediation in health and safety, or where other information is received,
supported by documents and other evidences, of the signs of such violations or
evidences found in the course of investigations of the work accidents.
Anonymous petitions shall not serve as a ground for an unscheduled audit.
4. The duration of audits must not exceed ten calendar days. In exceptional cases,
where special researches, tests, expert examinations are necessary, and also where
the scope of audit if significant, the manager of the state labour inspectorate or its
territorial division (or his alternate) may extend the duration of audit up to twenty
calendar days for the legal entities that have no separate business units, and up to
thirty calendar days for legal entities that have separate subdivisions.

Article 335. Procedure for appeals against decisions, actions (omissions) of state
labour inspectors exercising government control
1. In the event of the infringement of rights or lawful interests of the employer in the
course of government control, the employer shall have the right to appeal against
the actions (omissions) of a state labour inspector to the authorised government
labour agency, superior state inspector and/or court in accordance with the
procedure established by the legislation of the Republic of Kazakhstan.
2. Appeal proceedings shall not suspend the enforcement of the issued directives of
state labour inspectors.

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Article 336. Interaction of state labour inspectorates with other government agencies
and organisations
1. The state labour inspectorates shall carry out their activity in cooperation with other
government regulatory agencies, employee representatives, public associations,
other organisations.
2. The government agencies shall be obliged to provide assistance to the state labour
inspectors to enable them to achieve the objectives concerning the control over the
compliance with the labour legislation of the Republic of Kazakhstan.

Article 337. Liability of state labour inspectors in the course of government control
In the event of failure to perform, or improper performance of their duties, when exercising
government control, and also in the event of other unlawful actions (omissions), state
labour inspectors shall bear liability established by laws of the Republic of Kazakhstan.

Chapter 39. HEALTH AND SAFETY INTERNAL CONTROL

Article 338. Health and safety internal control

1. Internal control shall encompass monitoring over the status of labour conditions,
operational analysis of the data of industrial control, assessment of risks and taking
measures to eliminate any discovered incompliance with health and safety
requirements.
2. The internal control over health and safety compliance shall be carried out by an
employer for the purpose of compliance with the health and safety regulations at
work places and taking prompt measures to eliminate any discovered violations.

Article 339. Mechanism of the health and safety internal control

1. For the purpose of the implementation of internal control over the health and safety
compliance at industrial organisations with more than 50 employees, employers
shall form a health and safety department. The health and safety department shall
have a status of the primary operations services.
2. The model regulations on the health and safety department in organisations shall be
approved by the authorised government labour agency.
3. Employers with up to 50 employees shall introduce a position of health and safety
officer, taking into consideration the specifics of activity, or shall entrust any other
specialist with the health and safety functions.
4. The directions given by the health and safety department or health and safety officer
in respect of the health and safety compliance shall be binding upon all employees
of the organisation.

Chapter 40. PUBLIC CONTROL OVER THE COMPLIANCE WITH

THE LABOUR LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Article 340. Public control over the compliance by organisations with the labour
legislation
1. Public control in the area of health and safety at organisations shall be conducted by
the public health inspectors elected by the trade union committees of the

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 organisations; if there are no trade unions, public health inspectors shall be elected
by general meeting (conference) of employees.
2. The national, industry, regional employee associations shall exercise public control
over the compliance with the labour legislation at organisations, provided that this
is provided for by agreements and collective agreements.

Article 341. Rights of public health inspectors

Public health inspectors shall have the right to:
1) exercise the protection of the employees' rights to occupational health
before the employers by means of public control over the compliance by the
employers with laws and regulations concerning health and safety,
agreements, collective agreements for the creation by the employer of
normal labour conditions and safety methods at work places at
organisations;
2) take part in the investigation of work accidents and in the comprehensive
audits of health and safety conducted by state labour inspectors;
3) receive information and explanations, including in the written form, from
the employers and other officials of the organisation as necessary for the
performance of their functions;
4) carry out audits of compliance by employers with their obligations provided
by agreements, collective agreements in relation to occupational health, and
make proposals on the results of the audits to the officials to remedy the
detected violations;
5) take part in the work of the commissions on the testing and acceptance of
industrial facilities and production tools for operation;
6) take part in the drafting of laws and regulations concerning occupational
health, and make proposals;
7) apply to the relevant government agencies with the claims seeking infliction
of liability upon the employers and other officials of organisations, who are
guilty of the violations of the legislation of the Republic of Kazakhstan
concerning health and safety, the provisions of the agreements and
collective agreements, as related to occupational health, concealment of
work accidents and occupational diseases;
8) take part in the settlement of labour disputes related to changes in labour
conditions, violations of the legislation of the Republic of Kazakhstan
concerning health and safety, failure to perform obligations provided by the
agreements and collective agreements, and also by employment agreements,
as related to health and safety; and
9) file claims to courts, pursuant to the applications of employees seeking
remedy of the employees for compensation of harm caused as a result of
maim or other injury to health in connection with the performance of job
duties, and in the other cases of impairment of the employees' rights to
health and safety.
President
of the Republic of Kazakhstan

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N. NAZARBAEV
Astana, Akorda, 15 May 2007
No. 251-III ZRK

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