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Tengrinews.kz – Kazakhstan is set to introduce penalties for workplace sexual harassment. The Ministry of Labor and Social Protection has published a draft law proposing amendments to the Labor Code. One of the key issues raised is the lack of legal regulation concerning sexual harassment in the workplace.
Alarming statistics on workplace harassment
According to social surveys, up to 30 percent of employees have encountered sexual harassment from colleagues in the workplace. The document notes that there is currently no clear mechanism for reporting and protection.
Kazakhstan has yet to ratify ILO Convention No. 190, which obliges countries to protect workers from violence and harassment. In several countries (France, Canada, South Korea), internal response procedures and sanctions for such actions are already established.
Protection that was missing: What will change for employees and employers
The draft document highlights that the current Labor Code lacks a legal definition of sexual harassment, criteria for identifying it, complaint procedures, and protective measures. This limits employees’ ability to seek protection against workplace violence.
If the proposed amendments are adopted, employers will be required to respond clearly to harassment cases and establish internal procedures for handling complaints. Employees, in turn, will receive additional guarantees for the protection of their rights.
The draft is currently open for public discussion. It can be reviewed and commented on via the "Open NPA" website.
Let us recall that in December 2023, President Kassym-Jomart Tokayev instructed not only to toughen penalties for domestic violence but also to improve labor legislation, including defining the concept of "sexual harassment in the workplace." A draft law outlining the procedure for filing complaints by Kazakhstani citizens who have experienced sexual harassment at work was to be developed by April 2024.
In June 2024, the Ministry of Labor and Social Protection announced that they had developed a draft amendment to the Labor Code. It includes the definition of "sexual harassment in the workplace," as well as provisions securing the rights and responsibilities of both employees and employers regarding protection from such harassment, along with other measures aimed at preventing sexual harassment.
Regarding criminal liability for harassment in the workplace, the ministry clarified that the current Criminal Code already includes such provisions and no changes are planned.
In August of the same year, Mazhilis deputy Askhat Aimagambetov stated that more than 100 amendments could be introduced to the Code of Administrative Offenses, including provisions establishing penalties for workplace harassment.
