Co-funded by the European Union

Kazakhstan new Law on employment contract and dismissals

  • The law “On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Labor Issues”, was adopted in Kazakhstan on 4 May 2020
  • It had multiple repercussions on employers

 

The new Law deals with:

  • registration of employment contracts into the Unified Accounting System of Employment Contracts;
  • Mutually agreed termination of employment.

The accounting system must be notified of any new employment contract, as well as any change in its content, and termination of the contract.

In case of dismissal, it is no longer possible to make use of a blank termination clause in the employment contract. This clause, foreseen in the Labour Code, allowed the “termination of employment with agreement”, meaning with compensation paid by the employer but without indicating a specific date.

New obligations and regulations also include:

  • the establishment of a Conciliation Board, with elected Employees’ representatives;
  • the possibility for employees to be represented by trade unions, or by employees’ representatives, when there is no trade union in the company, or by both, when the union has a membership below 50% of employees.
  • A new ground for dismissal, for lack of trust.