Employment in Kazakhstan is governed by the Labor Code, Constitution, Law on ‘About compulsory social insurance’, collective bargaining agreements and individual employment agreements.
Hours & Pay Regulations
The standard workweek is 40 hours, usually consisting of five workdays with eight hours each day. In certain situations, the workweek may be extended to six working days. Labor Code, art. 68.
When concluding an employment contract, as well as in the course of labor relations, part-time work may be established by written agreement between the employee and the employer. Less than the normal duration established by this Code, including:
- Part-time work, ie reduction of the norm of the duration of daily work (work shift);
- Part-time workweek, ie reduction of the number of working days in a working week;
- Simultaneous reduction of the norm of daily work (work shift) and reduction of the number of working days in a working week.
Working part-time does not entail restriction of the employee’s annual paid leave, calculation of the length of service, and other rights in the field of labor, established by this Code, labor, collective bargaining agreements. At the written request of a pregnant woman, one of the parents (adoptive parents) with a child (children) under three years of age, as well as an employee caring for a sick family member in accordance with the medical report, the employer must establish part-time work.
Employers can require employees to perform overtime work only in situations of absolute necessity or emergency. The maximum number of overtime works:
- Should not exceed 2 hours per day for each employee, including 1 hour for heavy work; and
- The total duration of overtime work should not exceed 12 hours per month and 120 hours per year.
Employees are entitled to an increased wage at the rate of not less than fifty percent of the established daily (hourly) and not less than one hour of rest per one hour of overtime work. Labor Code art 77, 78 & 108.
The night time is from 10:00 pm to 6:00 am. Every hour of night work is paid an increased amount as per the terms of the applicable agreement. The premium rate for night work may not lower than 1.5 times the amount based on the daily/hourly rate of the employee. Labor Code arts. 76 & 110.
Amendment to the Existing Rule
Effective May 16, 2020, if night work time coincides with a holiday or day off, payment must be made separately for the night hours and hours of holidays and days off.
Every employee is entitled to a rest break of at least an hour, which is to be counted as working time. Labor Code, art. 80.
Employees are also entitled to minimum daily rest periods of 12 consecutive hours.
In a five-day workweek, employees are given two days off per week, and in a six-day workweek – one day off. Employees normally use their weekly rest on Sunday. If this is impossible due to the organization’s work schedule, employers need to ensure the use of alternative weekly rest as agreed. Labor Code, arts. 81-84.
Employees who are required to work on weekends are given an alternate day of rest or are paid a premium of not less than 1.5 times the amount based on the daily (hourly) rate. A collective agreement may stipulate a higher premium rate. Labor Code, arts. 85-86 & 109.
The paid public holidays for 2019 in Kazakhstan are:
- Independence Day: December 16-17;
- New Year: January 1-2;
- International Women’s Day: March 8;
- Nauryz: March 21-23;
- The Holiday of the Unity of the People of Kazakhstan: May 1;
- Defender of the Fatherland Day: May 7;
- Victory Day: May 9;
- Capital Day: July 6;
- Kurban Ait: August 11;
- Constitution Day of the Republic of Kazakhstan: August 30;
- Day of the First President of the Republic of Kazakhstan: December 1.
In this connection, in drawing up the balance of working time in 2019, taking into account the norms of the Law, holidays that coincide with weekends (Saturday, Sunday) are postponed to the next working day:
At 5 days:
From March 23 to March 25;
From July 6 to July 8;
From December 1 to December 2.
At 6 days:
From December 1 to December 2.
The first day of Kurban-ayt celebrated on the Muslim calendar, January 7 – Orthodox Christmas are days off. In 2019, the first day of Kurban Ait is on August 11.
For working on a public holiday an employee is either given another day of rest or payment is made not lower than 1.5 times the amount based on the daily (hourly) rate of the employee. When a holiday and a holiday coincide, the day off is the next working day after the holiday. If a holiday falls on a weekend, it is observed on the following Monday.
Employees are entitled to at least 24 calendar days of paid leave each calendar year, two weeks of which must be consecutive. An additional paid annual leave of at least 6 calendar days should be given to certain employees:
- Engaged in heavy work;
- Work under harmful/hazardous conditions; and
- Category one and two disabled.
For other categories of employees, provision of additional annual paid leave and its minimum duration may be established by the laws of Kazakhstan.
An employer cannot refuse an unused paid annual leave or a part thereof for two consecutive years. Unused annual leave may be carried over to the next year only in cases of temporary disability, maternity, etc. A part of the paid annual leave, unused because of recall during such leave, is granted during the current working year or next working year at any time or is added to the paid annual leave for the next working year.
Payment for annual leave shall be made not later than three working days prior to the commencement of the leave, and in the event of granting the labor leave outside the vacation schedule. In situations where the paid annual leave with subsequent termination of an employment agreement due to expiry and the annual leave period exceeds the employment agreement’s validity period, the termination date for the employment agreement will be the last day of paid annual leave. Labor Code art 88-96. (as amended in 2015 by Labor No. 414-V ЗРК).
The national minimum wage is 42,500 Kazakhstani tenge a month.
Salary is established and paid in cash in the national currency of the Republic of Kazakhstan at least once a month, but not later than the first ten days of the following month. The date of payment of wages must be specified in the employment contract. Labor Code art 113.
Pregnant women, women who have given birth to a child (children), and women or men who adopted a newborn child, are provided with the following leave in connection with the birth of the child:
- Maternity Leave: Maternity leave is granted for 70 calendar days before delivery and 56 calendar days after childbirth (70 calendar days in cases of complicated childbirth or birth of two or more children);
- Adopted Newborn Child: Leave is granted either for mother or father from the day of adoption and until the expiration of 56 days after the child was born; and
- Unpaid Childcare Leave: Unpaid childcare leave is granted either for mother or father until the child reaches three years of age.
The employer pays for maternity leave, leave of absence of employees who adopt a newborn child, with preservation of the average salary, if it is prescribed by the terms of employment and (or) collective agreement etc, minus the amount of social payment in case of loss of income due to pregnancy and childbirth, adoption of the newborn child, carried out in accordance with the laws of Kazakhstan on compulsory social insurance. Parents nursing or raising children below the age of one and half years are given additional breaks at least every three hours (half-hour for one child, one hour for two or more children) for feeding a child. Labor Code art. 82, 87, 99,100 & 133.
Employers are responsible for the payment of employee sick benefits. Social benefits for temporary disability are paid to employees from the first day of disability until the day of restoration of work capacity or until the disability is established. Social benefits for temporary disability are not paid for the days of temporary disability, falling within the paid annual work leave. Labor Code art 133.
Employees are entitled up to 5 days of unpaid leave for circumstances of the marriage and the death of a close relative (parent, grandparent, child, brother, sister, adopted child or adoptive parent). The employment contract or collective bargaining agreement may provide additional types of such unpaid leave. Labor Code art 97.
Employees studying at educational institutions are granted study leave to prepare for and taking tests and examinations, laboratory work, preparation and defense of diploma work (project) to undergo training programs for military-trained reserve. Payment for study leave is determined by agreements, collective labor contract, a training contract, etc. Labor Code art.98.
Last updated on: August 31st, 2020