Last updated on: April 27th, 2022
The Kazakhstan Labor Code, 2015 regulates the labor relations between the employer and the employee. The Labor Code, 2015 governs the terms and conditions of employment such as working hours, holidays and rest periods, wages, overtime, employment relationships.
Hours & Pay Regulations
Employees are entitled to the following types of annual leave –
- Annual basic paid leave
- Additional annual paid leave
Basic annual paid leave – Employees are entitled to at least 24 calendar days of basic paid leave each calendar year, unless otherwise provided by a collective labor agreement, other regulatory legislation, etc.
Additional annual paid leave – An additional paid annual leave of at least 6 calendar days shall be given to – employees engaged in heavy work, work under harmful or hazardous working conditions, and category for disabled employees. For other categories of employees, provision of additional annual paid leave and its minimum duration may be established by the Government Authorities.
Employment contracts or collective labor agreements may provide additional annual leave as an incentive to employees for continuous long-term service or for performing complex, operational work as well as work of other nature.
An employee shall be granted annual paid leave for the first and subsequent years of employment at any time during the working year by agreement of the parties. The working year is 12 calendar months, calculated from the first working day of the employee.
Annual leave in parts – Annual leave may be divided into parts via an agreement between the employer and employee, however, one of the parts of the annual leave must be of at least 14 calendar days. Employees working under employment contracts as part-time employees shall be entitled to annual paid leave at the same time as their regular employment. If the duration of the annual paid leave under a part-time employment contract is less than the duration of the main leave, the employer shall, at the request of the part-time employee, grant him unpaid leave for the days that make up the difference in the leave.
Calculation of the duration of annual paid leave
The annual paid leave duration shall be calculated in calendar days and it shall be regardless of any holidays corresponding to the days of leave, without any regard to the work regimes or shift schedules. Additional annual paid leave shall be included in the main (basic) annual paid leave when calculating the total duration of annual paid leave.
Calculation of the length of the service when granting annual paid leave
For the purpose of computing annual leave, the actual time worked by the employee, the time during which the employee did not actually work but employee’s job was maintained with salary, a time during which the employee did not work due to incapacity for work, including time off for pregnancy and childbirth, time actually not worked by the employee before the re-employment is considered as a period of employment.
Timing of annual leave
Annual leave shall be granted in accordance with the leave schedule approved annually by the employer, taking into consideration the views of the employee, or established outside the leave schedule by agreement between the employer and employee.
Conditions and Procedure for replacement of annual paid leave
Annual paid leave is which is granted when the employee is temporarily incapacitated for work and also during maternity leave shall be substituted in whole or in part to other days. Substituted leave may be added to the leave of the next working year by agreement of the parties or maybe granted separately in the current working year at the request of the employee.
Employers are prohibited from not providing unused annual leave or part of the leave for 2 consecutive years. The employer may interrupt the annual paid leave in case of production needs only with the written consent of the employee.
The unused part of the annual paid leave in connection with the recall shall be granted by agreement of the parties during the current working year or at any time in the next working year or included in the annual paid leave for the next working year.
When an employee is recalled from annual paid leave, instead of giving the unused part of the leave at another time, compensation can be paid to the employee for the days of the unused part of the annual paid leave by agreement between the employee and the employer.
Timing of payment for annual leave – Payment for annual leave shall be made no later than 3 working days prior to its commencement, and in the case of granting leave outside the leave schedule, no later than 3 working days from the date of its granting.
Termination of Employment – In case of subsequent termination, annual paid leave shall be granted to the employee (whether it is complete or partial termination from the terms of the contract). The last day of the leave shall be considered the date of termination of the employment contract.
Upon termination of the employment contract, an employee who did not use or did not fully use the annual paid leave shall be compensated for the unused days of the annual paid leave. The compensation for unused annual paid leave is calculated based on the average salary of the employee. Labor Code,2015 art 88-96.
Effective January 1, 2022, the national minimum wage of Kazakhstan is 60,000 tenge/month.
Pregnant women, women who have given birth to a child (children), women (men) who have adopted a newborn child (children) are entitled to maternity leave –
- Maternity Leave
- Leave for employees who have adopted a newborn child (children).
- Unpaid Leave in connection with the care of a child under the age of 3.
Duration of Maternity Leave:
An employee shall be entitled to 70 calendar days before delivery and 56 calendar days after delivery in case of normal delivery. For employees who have difficult delivery or the birth of two or more children, they shall be entitled to 70 calendar days before delivery and 70 calendar days after delivery.
Employees living in areas exposed to nuclear tests shall be entitled to 91 calendar days before delivery and 79 calendar days after delivery during normal childbirth. In case of difficult delivery or birth of two or more children ninety-three calendar days before delivery and after.
During the period from the 22nd to the 29th week of pregnancy and the birth of a child weighing 500 grams or more, if the child lived more than 7 days – 79 calendar days after birth.
Employees who give birth to a child or have a stillbirth during the period from the 22nd to the 29th week of pregnancy or the birth of a child weighing 500 hundred grams or more, who died before the 7th day of life shall be entitled to 56 calendar days after birth.
Employees living in areas exposed to nuclear tests from the 22nd to the 29th week of pregnancy, wherein the child weighs 500 hundred grams or more and lives more than 7 days shall be entitled to 93 calendar days after delivery. Women living in nuclear-affected areas are given 79 calendar days after delivery if they give birth during the 22nd to the 29th week of pregnancy and give birth to a stillborn baby or weigh 500 hundred grams or more and die by the 7th day of life.
When a woman applies for a certificate of temporary incapacity for work during pregnancy, the leave is cumulative and is paid in full, regardless of the number of days she actually used before giving birth and the length of time she worked for the employer. When a woman applies for a certificate of temporary incapacity for work after the birth of the child, she is granted only post-birth leave for 56 calendar days. Employees shall be entitled to leave for medical registration of pregnancy of up to 12 weeks for a duration of not less than 3 working days.
Leave for Screening Examination – Employees shall be entitled to leave for screening examinations in the amount of not more than three working days a year.
Unpaid Maternity Leave for a child till the age of 3
The employer shall provide unpaid leave in connection with the care of a child under the age of 3 on the basis of a written application of the employee, which would indicate the duration, at the choice of the parents, to the child’s mother or father based on the birth certificate of the child which would prove the birth of the child.
The leave shall be provided to a single parent or another relative or guardian who is actually bringing up a child left without parental care or adoptive parents of a newborn child. An employee may take full or partial childcare leave until the child reaches the age of 3.
Pay – The social security system in Kazakhstan with regard to maternity protection is supported by two main sources: the state budget and the mandatory social security contributions made by employers to the Public Social Insurance Fund (PSIF).
Maternity leave settlement for working mothers and adoption parental leave for one of the working parents is funded by the mandatory social insurance system. These funds are raised via the employer’s monthly social contributions to the PSIF. Maternity benefits from the PSIF are calculated on the basis of an average monthly income for the previous 12 calendar months during which mandatory social insurance contributions are made.
When calculating the amount of benefit, an average individual monthly income is multiplied by a set ratio. In the case of normal maternity leave of 126 calendar days, the set ratio is fixed at 4.2 (126/30). Maternity benefit is given only to the child’s mother because one of the documents to be provided prior to taking a leave of absence is documentation of temporary incapacity. This document may be issued to the child’s father only in the case of the mother’s demise at work or during the postnatal period.
In addition, a one-time birth grant for the newborn child paid out of the state budget in Kazakhstan is applicable for both working and non-working mothers. The birth grant amounts to 38 MCI for the first, second, and third child and 63 MCI for the fourth and more children. Monthly calculation index (MCI) for calculation of benefits and other social payments, as well as for the penalties, taxes, and other charges in accordance with the Republic of Kazakhstan legislation – 2 917KZT. https://egov.kz/cms/en/articles/ui_decret
Breastfeeding Break – For women with children under 1.5 years of age, fathers (adoptive parents) bringing up children under 1.5 years of age without a mother, the duration of work for feeding a child (children) shall be not less than 30 minutes for those who have one child, and for those who have two or more children additional breaks of at least 1 hour each. Such breaks shall be given every 3 hours.
At the request of the employee, breaks for feeding the child (children) are included in the breaks for rest and meals, or total breaks are given at the beginning or end of the working day (shift). Breaks for feeding the child (children) are included in working hours. During the period of such breaks, the employees are entitled to compensation in an amount equal to their average salary.
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. Duration of leave for sickness is not provided in the law. Labor Code 2015 art 133.
Employees (one of the parents) who have adopted a newborn child (children) are granted 56 days of leave.
The payment for adoption leave follows the same procedure as in the case of the maternity leave except that when calculating social (benefits) for an adopted newborn, a ratio of 1.9 is applied which corresponds to 56 calendar days of paid leave. Labor Code 2015 art. 82, 99,100 & 133.
Employees are given 5 days of unpaid leave, the duration of which is determined by an agreement between the employer and employee, for the purposes of registration of marriage, the birth of the child, and for the death of a close relative (parents, grandparents, child, brother, sister, adopted child or adoptive parent). Employees are also entitled to unpaid leave for other reasons as may be agreed in the employment or collective labor agreements. Labor Code 2015 art 97.
Employees studying at educational institutions are granted study leave to prepare for and take 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 contracts, training contracts, etc. Labor Code 2015 art.98.