FTC regulated: Yes

Remarks

Article 30 of the Labour Code

Valid reasons for FTC use: objective and material reasons

Remarks

Article 30 of the Labour Code states that a fixed term contract may be concluded for a purpose of completing some specific work, to replace a temporarily absent worker or for seasonal works.

Maximum number of successive FTCs: no limitation

Remarks

Article 30 of the Labour Code provides that a labour contract may be concluded for a fixed-term to complete some specific work, to replace a temporarily absent worker or for seasonal works.

Upon the expiry of the fixed term employment contract, the parties are entitled to extend it for an indefinite or definite period of not less than one year.

Maximum cumulative duration of successive FTCs: no limitation

Remarks

Article 30 of the Labour Code

Maximum probationary (trial) period (in months): 3 month(s)

Remarks

Article 36 of the Labour Code

Obligation to provide reasons to the employee: Yes

Remarks

Art. 56 of the Labour Code

Valid grounds (justified dismissal): worker's conduct, worker's capacity, economic reasons

Remarks

Remarks: Art. 54 of the Labour Code states that:
An employment contract with an employee on the initiative of the employer may be terminated in the following cases:
1) liquidation of a legal entity employer or termination of the activities of an individual employer;
2) reduction in staff numbers or positions;
3) unfitness of the employee for the position held or work performed as a consequence of inadequate qualifications;
4) unfitness of the employee for the position held or work performed as a consequence of health reasons hampering continued performance of the given work;
5) a negative result of work performed during a probationary period;
6) absence of the employee from work without good reason for a period of three or more hours in a row during a single working day (work shift);
7) presence at work under the influence of alcohol, narcotics or toxic substances (or their analogues), including in cases of consumption during the working day of intoxicating substances (or their analogues);
8) violation of the rules for labour safety or fire safety or traffic safety entailing or capable of entailing serious consequences, including injuries and accidents;
9) theft (including minor theft) in the work place of other people’s property, its deliberate destruction or damage, as established by a sentence or court ruling that has come into legal effect;
10) culpable actions or inaction on the part of an employee dealing with money or goods if these actions or inaction provide grounds for the employer to loose the trust;
11) an immoral act carried out by an employee fulfilling educational functions that is incompatible with continued performance of the given work;
12) divulgence by the employee of information constituting state secrets or other secrets protected by law that he acquired in connection with performance of his job duties;
13) repeat failure by the employee to fulfil or duly fulfil his job duties, without good reason, provided a disciplinary sanction has been imposed thereon;
14) termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
15) submitting of the false documents or information on conclusion of the employment contract, if the genuine documents or information might constitute grounds for refusal to conclude the employment contract;
16) violation by the head of the employer’s executive body, his deputy or heads of subdivisions resulting in material damage to the employer;
17) absence of the employee from work for over two months in a row as a consequence of temporary disability, with the exception of cases when the employee is on maternity leave or if the relevant disease is included on the list of illnesses for which a longer term of disability is established, approved by the Government of the Republic of Kazakhstan.
For an employee disabled in connection with an industrial accident or occupational disease, their job (position) is retained until their working capacity is restored or disability established;
18) a corruption-related crime committed by the employee and excluding, in accordance with a judicial act, the possibility of their continued work.
2. For individual categories of employees, this Code envisaged additional grounds for cancellation of employment contracts on the initiative of the employer.

Prohibited grounds: pregnancy, maternity leave, family responsibilities, temporary work injury or illness, race, sex, religion, political opinion, social origin, nationality/national origin, age, trade union membership and activities, disability, language, property, gender identity, place of residence

Remarks

Art. 54 of the Labour Code on the grounds for termination of employment
Art. 55 of the Labour Code prohibits the termination in the cases of temporary incapacity for work
Art. 7 of the Labour Code on prohibition of discrimination
Art. 185 of the Labour Code on workers with family responsibilities

Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, workers with family responsibilities, workers with disabilities

Remarks

Art. 56.2 of the Labour Code on the special procedure in the case of termination of employment to the workers’ representatives – their dismissal is only possible following the opinion of elected trade union body.
Art. 54 of the Labour Code on the grounds for termination of employment
Art. 55 of the Labour Code prohibits the termination in the cases of temporary incapacity for work
Art. 7 of the Labour Code on prohibition of discrimination
Art. 185 of the Labour Code on workers with family responsibilities

Notification to the worker to be dismissed: written

Remarks

Art. 56 of the Labour Code

Notice period:

Remarks

Art. 56 of the Labour Code states that the notice period shall be one month unless otherwise provided for in the collective agreement.

tenure ≥ 6 months:

  • All: 1 month(s).
  • All: 1 month(s).

tenure ≥ 9 months:

  • All: 1 month(s).
  • All: 1 month(s).

tenure ≥ 1 year:

  • All: 1 month(s).
  • All: 1 month(s).

tenure ≥ 2 years:

  • All: 1 month(s).
  • All: 1 month(s).

tenure ≥ 4 years:

  • All: 1 month(s).
  • All: 1 month(s).

tenure ≥ 5 years:

  • All: 1 month(s).
  • All: 1 month(s).

tenure ≥ 10 years:

  • All: 1 month(s).
  • All: 1 month(s).

tenure ≥ 20 years:

  • All: 1 month(s).
  • All: 1 month(s).

Pay in lieu of notice: No

Remarks

Art. 56 of the Labour Code states that with the written consent of the worker the termination can be made effective before the expiration of the notice period.

Notification to the public administration: No

Notification to workers' representatives: Yes

Remarks

Art. 147 of the Labour Code

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Definition of collective dismissal (number of employees concerned): There is no definition of the collective dismissal in the Labour Code

Prior consultations with trade unions (workers' representatives): No

Remarks

Article 56(2) of the Labour Code: in case of dismissal of any worker, member of the entreprise trade union, the employer has to take into account a reasoned opinion of the trade union.

Notification to the public administration: Yes

Remarks

Art. 147 of the Labour Code

Notification to workers' representatives: Yes

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No

Priority rules for re-employment: No

Severance pay:

Remarks

Article 157 of the Labour Code

tenure ≥ 6 months: 1 month(s)

tenure ≥ 9 months: 1 month(s)

tenure ≥ 1 year: 1 month(s)

tenure ≥ 4 years: 1 month(s)

tenure ≥ 5 years: 1 month(s)

tenure ≥ 10 years: 1 month(s)

tenure ≥ 20 years: 1 month(s)

Redundancy payment:

Remarks

Article 157 of the Labour Code

tenure ≥ 6 months: 1 month(s)

tenure ≥ 9 months: 1 month(s)

tenure ≥ 1 year: 1 month(s)

tenure ≥ 2 years: 1 month(s)

tenure ≥ 4 years: 1 month(s)

tenure ≥ 5 years: 1 month(s)

tenure ≥ 10 years: 1 month(s)

tenure ≥ 20 years: 1 month(s)

Compensation for unfair dismissal - free determination by court: No

Remarks

Art. 177 of the Labour Code states that compensation is an alternative measure to dismissal only when an employee demands so. The compensation amounts to the payback of wages between the date of dismissal and the date of reinstatement, but not more than six monthly wages. In case of reinstatement, the employee is still entitled to this payback.

Compensation for unfair dismissal - Are there legal limits?: Yes

Remarks

Art. 177 of the Labour Code states that the employee shall be paid all wages between the date of dismissal and the date of reinstatement, but not more than six monthly wages.

Reinstatement available: Yes

Remarks

Art. 177 of the Labour Code

Reinstatement is a primary measure for unlawful dismissals. It can be replaced by a compensation, up to 6 months of monthly earnings, on the demand of the employee.

Preliminary mandatory conciliation: No

Remarks

Art. 170 of the Labour Code states that the individual labour disputes are considered by the conciliation commissions and/or courts.

Competent court(s) / tribunal(s): ordinary courts

Remarks

Art. 170.2 of the Labour Code