Main changes to the Labor Code of the Republic of Kazakhstan

We would like to inform you about the main changes to the Labor Code of the Republic of Kazakhstan stemming from the Law of the Republic of Kazakhstan dated May 04, 2020 “On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Labor Issues”, (hereinafter – the Law), signed by the President of the Republic of Kazakhstan, Mr. K. Tokaev. Quite a large number of articles have been amended and, we would like to describe the most significant ones.

One of the most important issues regulated by the new Law is the employer’s obligation to keep records of the labor agreements in the electronic system of labor agreements (hereinafter – the System).

Thus, Kazakhstani employers have an obligation to register the company in the System on the website www.enbek.kz. Employers should also initiate the process of entering data on employees’ labor agreements into the System. In addition, employers will have the opportunity to reduce the volume of paperwork, since the Labor Code allows electronic document management with signing of personnel documents by electronic digital signature (EDS).

The second important change is the inclusion of the obligation to create a conciliation commission, the functioning of which is necessary to consider individual labor disputes, ensure equal pay for equal work, and guarantee equal working conditions without discrimination .

The Law pays special attention to safety and labor protection. The state labor authority will develop and approve a number of provisions and rules related to labor safety and protection, on the basis of which companies will need to implement a labor protection management system and monitor its functioning.

The Labor Code, in accordance with the adopted Law, includes changes regarding the rights of employees. For example, upon termination of a labour agreement at the initiative of an employee, a notice of termination of a labour agreement may be revoked by the employee. Previously, a notice could only be revoked upon mutual agreement of the parties.

Now, the employer, upon written request of the employee caring for a sick family member in accordance with the medical certificate, is obliged to establish a part-time regime for him/her.
A positive aspect for employees is the payment of night work on holidays / weekends. For such work, payment is required separately for night time in an increased amount and separately for holidays / weekends, also in an increased amount.

Amendments have been made to the regulations of the shift method of work. The Labor Code of the Republic of Kazakhstan makes it possible to replace a temporarily absent employee working on a rotational basis with an employee with normal working hours, providing him/her with days / hours of rest for the worked time.

In addition, we would like to draw your attention to the fact that in accordance with the new Law, employers need to develop and approve the following policies and regulations:

1. Regulation on labor protection and safety
2. Rules for managing professional risks
3. Regulations on labor protection and safety measures during remote work
4. Regulations on the conciliation commission
5. Remuneration payment policy (update required)