Kazakhstan: Strengthening the Protection of Employees’ Labour Rights is Planned
The Mazhilis of the Republic of Kazakhstan has approved, at first reading, a draft law aimed at improving labour legislation and strengthening guarantees for the protection of employees’ rights.
The amendments are comprehensive in nature and affect individual employment relations, occupational health and safety, and social partnership.
| In particular, the draft law provides for the enshrinement of provisions protecting employees’ honour and dignity, thereby creating an additional legal basis for resolving employment disputes related to improper treatment by an employer. |
The procedure for determining the last working day is also being clarified in cases where it coincides with a period of temporary incapacity for work or social leave, which should eliminate the current practical uncertainty.
Particular attention is given to remuneration matters: it is proposed to establish the employer’s obligation to pay for the time spent undergoing a pre-shift medical examination, while the amount of such payment will be determined by a collective agreement or by an employer’s act.
| In addition, an obligation is being introduced for the employer to notify employees in writing of any changes to working conditions, thereby strengthening the requirements for the formalisation of HR procedures and document management. |
The amendments also set out in greater detail the procedure for termination of an employment contract at the employee’s initiative, including the determination of the date of termination of employment relations for employees with material responsibility and the conditions for completing handover procedures in respect of property and documentation.
Additional requirements in the field of occupational health and safety are also being strengthened: employers are to be required to bring work equipment into compliance with the established safety rules; the rights of technical labour protection inspectors are being formalised; and mandatory advanced training for state labour inspectors is being introduced.
A significant block of amendments is aimed at developing social partnership. Akimats are to be assigned functions for coordinating interaction between state bodies, employers and employees’ representatives, as well as for ensuring the operation of regional tripartite commissions.
Overall, the proposed changes reflect a trend towards strengthening the protection of employees’ rights, increasing the obligations imposed on employers, and formalising labour processes.
For businesses, this means the need for a more careful approach to HR administration, procedural compliance and internal control.
Practical implications for business
The adoption of the draft law will lead to an increase in the regulatory burden on employers and stricter requirements for the formalisation of employment relations.
The key consequences include:
- increased risks of employment disputes, including matters concerning the protection of employees’ honour and dignity;
- increased importance of documenting all HR decisions (notifications, changes to working conditions, dismissal);
- additional financial obligations, including payment for pre-shift medical examinations;
- clarification of procedures for termination of employment relations, including in relation to employees with material responsibility;
- tighter oversight in the field of occupational health and safety, including requirements relating to work equipment and internal safety procedures.
Recommendations
In order to minimise risks, employers are advised to:
- conduct an audit of HR processes and documentation;
- review and, where necessary, update local нормативные acts, including:
- the procedure for notifying employees;
- procedures for changing working conditions;
- the procedure for termination of employment relations;
- establish an approach to payment for medical examinations;
- strengthen control over compliance with occupational health and safety requirements;
- where applicable, update the provisions of collective agreements;
- implement preventive measures to reduce the risk of labour conflicts.
How our team can help
The REVERA Kazakhstan team provides comprehensive legal support in labour law and HR compliance matters. In particular, we can:
- conduct an audit of employment relations and HR documentation;
- develop and update the employer’s internal policies and procedures;
- support employment termination procedures, including complex cases;
- advise on occupational health and safety matters and interaction with the labour inspectorate;
- represent clients in employment disputes and inspections;
- build a systematic HR compliance approach within the company.
Author: Alisher Kissamenov.
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