Labour code of the Republic of Kazakhstan

Code of the Republic of Kazakhstan dated 23 November, 2015 no. 414-V.

         Unofficial translation

GENERAL PART SECTION 1. GENERAL PROVISIONS Chapter 1. BASIC PROVISIONS

 Article 1. Basic definitions used in this Code

      1. The following basic definitions are used in this Code:

      1) civil service - professional activities of civil servants in the performance of official powers, aimed at implementation of the tasks and functions of state enterprises, government agencies, implementation of technical services and ensuring functioning of state bodies;

      2) civil servant - a person who, in the manner prescribed by the legislation of the Republic of Kazakhstan, holds a paid staff position in state enterprises and government agencies and performs official powers in order to implement tasks and functions thereof, maintain and ensure functioning of state bodies;

      3) minimum monthly salary - a guaranteed minimum rate of monetary payments to an employee of simple unqualified (least complex) labour when performing his labour duties under normal conditions and at normal working hours, established by this Code, per month;

      4) special clothes - clothes, shoes, headgear, mittens, other personal protective clothing designed to protect the employee from harmful and (or) hazardous production factors;

      5) heavy work - the employee’s activities associated with constant movement, manual moving and carrying (ten kilograms or more) of weights and requiring greater physical effort (energy consumption more than 250 kcal / hour);

      6) shift work - work in two or in three or four working shifts during twenty-four hours;

      7) social partnership - a system of relationships between employees (representatives of employees), employers (representatives of employers), and government bodies, aimed at ensuring coordination of interests thereof on regulation of labour relations and others directly related to labour relations;

      8) general, sectoral, regional agreement (hereinafter - agreement) - legal act in the form of a written agreement concluded between the parties of social partnership, defining the content and obligations of the parties to establish working conditions, employment and social guarantees for employees at the republican, sectoral and regional levels;

      9) non-compete clause - the terms of non-compete clause limiting the employee’s right to take actions that could harm the employer;

      10) idle time - temporary suspension of work for reasons of an economic, technological, organizational, other industrial or natural nature;

      11) qualification category (grade) - the level of requirements for employee qualifications, reflecting complexity of work performed;

      12) mediator - an individual or legal entity engaged by the parties to an labour relations to provide services for resolving a labor dispute;

      13) leave - release of the employee from work for a certain period to ensure the employee’s annual rest or social goals, while retaining his place of work (position) and, in the cases established by this Code, average salary;

      14) labour - human activities aimed at creating material, spiritual and other values necessary for life and meeting the needs of human and society;

      15) occupational health - a set of sanitary and epidemiological measures and means to preserve the health of employees, to prevent adverse effects of working environment and labour process;

      16) labour dispute - disagreements between the employee (s) and the employer (s) on application of the labour legislation of the Republic of Kazakhstan, implementation or amendment of the terms of agreements, labour and (or) collective agreements, acts of the employer;

      17) working conditions – the terms of payment, standardization of labour, performance of labour duties, working hours and rest time, procedure of combining professions (positions), expanding service areas, performing duties of temporarily absent employee, labour safety and protection, technical, production and working conditions, as well as other working conditions agreed upon by the parties;

      18) authorized state body for labour- the central executive body that exercises leadership and inter-sectoral coordination in labour relations in accordance with the legislation of the Republic of Kazakhstan;

      19) Local Labour Inspectorate - structural subdivision of local executive bodies of oblast, city of republican significance, of the capital, performing powers within the respective administrative-territorial unit in labour relations in accordance with the legislation of the Republic of Kazakhstan;

      20) payment for work - a system of relations related to provision by the employer of compulsory payment to the employee of remuneration for his work in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan, as well as agreements, labour and collective agreements and acts of the employer;

      21) labour relations - relations between the employee and the employer, arising from exercise of the rights and duties provided for by the labour legislation of the Republic of Kazakhstan, agreements, labour and collective agreements and acts of the employer;

      22) relations directly related to labour - relations developing in organization and management of labour, employment, occupational training, retraining and raising of qualification of employees, social partnership, collective bargaining and agreements, participation of employees (employees' representatives) in establishment of working conditions in cases stipulated by this Code, resolution of labour disputes and control over compliance with the labour legislation of the Republic of Kazakhstan;

      23) labour safety - the state of protection of employees, provided by a set of measures that exclude impact of harmful and (or) hazardous production factors on employees in the course of their labour activities;

      24) labour safety conditions - the compliance of labour process and working environment with the requirements of safety and labour protection when the employee performs his labour duties;

      25) monitoring of safety and labour protection - a system of monitoring of the state of safety and labour protection at work, as well as assessment and forecast of the state of safety and labour protection;

      26) standards in safety and labour protection - ergonomic, sanitary-epidemiological, psycho-physiological and other requirements that ensure normal and safe working conditions;

      27) accident related to labour activities - impact on the employee of harmful and (or) hazardous production factor in performance of his labour (official) duties or tasks of the employer, which resulted in occupational injury, sudden deterioration in health or poisoning of the employee leading to temporary or permanent disability or death;

      28) labour duties - obligations of the employee and the employer, stipulated by the regulatory legal acts of the Republic of Kazakhstan, act of the employer, labour and collective bargaining agreements;

      29) work experience - time in calendar terms, spent by employee on performance of labor duties, as well as other periods included in work experience in accordance with this Code;

      30) labour discipline - proper fulfillment by the employer and employees of obligations established by the regulatory legal acts of the Republic of Kazakhstan, as well as agreements, labor and collective agreements, acts of the employer, constituent documents;

      31) labor routine - the procedure for regulating relations on organization of labour of the employees and the employer;

      32) labour protection - a system of ensuring safety of the life and health of employees in the course of labour activities, including legal, socio-economic, organizational and technical, sanitary and epidemiological, therapeutic and preventive, rehabilitation and other measures and means;

      33) technical inspector of labour protection - a representative of the employees, carrying out internal control over safety and labour protection;

      34) standardizing of work - determining the necessary expenditure of labour (time) for performance of work (production of a unit of production) by employees in specific organizational and technical conditions and establishment of labour standards on this basis;

      35) safe working conditions - working conditions in which the levels of impact of production factors on employees do not exceed established standards;

      36) labor agreement - a written agreement between the employee and the employer, in accordance with which the employee undertakes to personally perform a certain job (labour function), comply with labor routine, and the employer undertakes to provide the employee with a stipulated labour function, to ensure working conditions stipulated by this Code, the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, collective agreement, acts of the employer, pay salary to the employee in full and in time;

      37) salary - remuneration for work depending on the qualifications of the employee, complexity, quantity, quality and conditions of work performed, as well as payments of compensatory and incentive nature;

      38) personal protective clothing - means intended to protect the employee from the effects of harmful and (or) hazardous production factors, including special clothing;

      39) employer - an individual or legal entity with whom the employee has labour relations;

      40) representatives of employers - individuals and (or) legal entities authorized on the basis of constituent documents and (or) powers of attorney to represent the interests of the employer or group of employers;

      41) acts of the employer - decrees, orders, instructions, rules, regulations, shift schedules, shift schedules, leave schedules issued by the employer;

      42) declaration of activities of the employer - a procedure for recognizing activities of the employer that meets the requirements of the labour legislation of the Republic of Kazakhstan, on the basis of application submitted by him;

      43) employee - an individual who has labour relations with the employer and directly performs work under labor agreement;

      44) employees' representatives - bodies of trade unions, their associations, and in their absence, elected representatives elected and authorized at a general meeting (conference) of employees by a majority vote of participants, with at least two thirds of the employees (conference delegates) present;

      45) workplace - a place of permanent or temporary stay of the employee while performing his labour duties in the process of labour activities;

      46) work tariffing - the assignment of work performed to a certain complexity in accordance with the Unified Tariff Qualification Directory of works and professions of employees and the Qualification Directory of chiefs, professionals and other employees, tariff qualification characteristics of professions of employees and standard qualification characteristics of chiefs, professionals and other employees of organizations;

      47) working time - the time during which the employee in accordance with the acts of the employer and the terms of labor agreement performs labour duties, as well as other periods of time that are in accordance with this Code, other regulatory legal acts of the Republic of Kazakhstan, collective agreement, act of the employer related to working time;

      48) summarized recording of working time - recording of working time by summing it up for recording period established by the employer;

      49) harmful working conditions - working conditions that are characterized by presence of harmful production factors;

      50) harmful production factor - a production factor, impact of which on the employee may lead to illness or reduced working capacity and (or) a negative impact on health of generation;

      51) occupational disease - a chronic or acute illness caused by exposure to the employee of harmful and (or) hazardous production factors when the employee performs his labour (official) duties;

      52) guarantees - means, methods and conditions by which implementation of the rights granted to employees in social and labour relations is ensured;

      53) safety standards - qualitative and quantitative indicators characterizing production conditions, production and labour process from the point of view of ensuring organizational, technical, sanitary and hygienic, biological and other norms, rules, procedures and criteria aimed at preserving the life and health of employees in process of their labour activities;

      54) hazardous working conditions - working conditions in which exposure to certain occupational or unavoidable natural factors leads to occupational injury, sudden deterioration in the health or poisoning of the employee, resulting in temporary or permanent disability, occupational illness or death;

      55) hazardous production factor - a production factor, impact of which on the employee may lead to temporary or permanent disability (occupational injury or occupational disease) or death;

      56) spare-time work - the employee performs other regular paid work on the terms of labor agreement in his spare time;

      57) foreign employee of a state body - a foreigner who is involved in a state body under labor agreement;

      58) holidays - days of national and state holidays of the Republic of Kazakhstan;

      59) basic salary - a relatively constant part of salary, including payment at tariff rates, official salaries, piece-rates, and stipulated by the labour legislation of the Republic of Kazakhstan, industry agreements, collective and (or) labor agreements of permanent nature;

      60) production equipment - machines, mechanisms, devices, apparatus, appliances and other technical means necessary for work, production;

      61) occupational injury - damage to the health of the employee, received during performance of his labour duties, resulting in disability;

      62) production necessity - performing work to prevent or eliminate a natural disaster, accident or immediate elimination of their consequences, to prevent accidents, idle time, death or damage to property and in other exceptional cases, as well as to replace temporarily absent employee;

      63) production activities - a set of actions of employees with use of labour means necessary for transformation of resources into finished products, including production and processing of various types of raw materials, provision of various types of services and performance of work;

      Sub-paragraph 64 is set out as amended by Article 204 (effective as on January 1, 2017) (refer to earlier version)

      64) specialized organizations for certification of production facilities - organizations that carry out activities for certification of production facilities for working conditions, have qualified personnel and have testing laboratories accredited in accordance with the legislation of the Republic of Kazakhstan

      65) certification of production facilities for working conditions - assessment of production facilities (shops, sites, workplaces, as well as other detached units of employers engaged in production activities) in order to determine state of safety, harmfulness, severity, intensity of work performed on them, occupational health and determination of compliance of working environment with the standards in safety and labour protection;

      66) industrial sanitation - a system of sanitary and hygienic, organizational measures and technical means that prevent or reduce impact of harmful production factors on employees;

      67) production factors - technical, sanitary, hygienic, household and other conditions affecting the employee in accordance with legislative and other regulatory legal acts of the Republic of Kazakhstan;

      68) gross negligence - actions of the employee, contributing to violation of the rules of labour protection and safety of their health;

      69) compensation payments - cash payments related to a special mode of work and working conditions, loss of work, reimbursement of costs to employees associated with performance of their labour or other duties stipulated by the laws of the Republic of Kazakhstan, as well as payments related to occupational training, retraining and raising of qualification of employees or other persons who are not in labour relations (hereinafter - the trainee);

      70) inter-category coefficient - the ratio between tariff rates of adjacent tariff-qualification categories;

      71) tariff system - a type of salary system, in which the employees’ salaries are determined differentially based on tariff rates (salaries) and tariff scale;

      72) tariff scale - a set of tariff categories and tariff coefficients, providing for differentiation based on complexity of work performed and qualifications of employees;

      73) tariff rate (salary) - a fixed amount of payment for labour for performance of labour duties of certain complexity (qualification) per unit of time;

      74) tariff category - a level of complexity of work and an indicator of qualification level necessary to perform this work;

      Sub-paragraph 75 is set out as amended by the Law of the Republic of Kazakhstan dated May 24, 2018 No. 156-VI (refer to earlier version)

      75) disciplinary penalty - a disciplinary measure of influence on an employer, applied by the employer or the first chief of national managing holding in cases stipulated by the laws of the Republic of Kazakhstan for disciplinary offense;

      76) disciplinary offense – a violation of labour discipline by an employee, as well as improper performance of labour duties;

      77) rest time - time during which the employee is free from performing labour duties and which can be used at his discretion;

      78) means of collective protection - technical means intended for simultaneous protection of two or more employees from exposure to harmful and (or) hazardous production factors;

      79) collective contract - a legal act in the form of a written agreement, concluded between employees represented by their representatives and the employer, regulating social and labour relations in organization;

      80) overtime work - work performed by the employee at the initiative of the employer beyond established working hours (in excess of normal amount of working hours for recording period);

      81) notification - a written application of an employee or employer or applications filed in another way (courier mail, postal service, facsimile communication, e-mail and other information and communication technologies);

      82) business trip – sending of the employee on the order of the employer to perform labour duties for a certain period outside the place of permanent work in another locality, as well as sending the employee to another locality for training, raising og qualification or retraining.

      2. Other special definitions and terms of the labour legislation of the Republic of Kazakhstan are used in meanings defined in relevant articles of this Code.

Article 2. Labour legislation of the Republic of Kazakhstan

      1. The labour legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of this Code, the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.

      2. It is prohibited to include the norms regulating labour relations, social partnership and labour protection in other laws of the Republic of Kazakhstan, except for the cases stipulated by this Code.

      3. If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Code, then the rules of an international treaty shall apply.

      International treaties ratified by the Republic of Kazakhstan are applied directly to labour relations, except for the cases when it follows from the international treaty that a law is required for its application.

Article 3. Goal and objectives of the labour legislation of the Republic of Kazakhstan

      1. The goal of the labour legislation of the Republic of Kazakhstan is the legal regulation of labour relations and other relations directly related to labour, aimed at protecting the rights and interests of the parties to labour relations, establishing minimum guarantees of rights and freedoms at work.

      The objectives of the labour legislation of the Republic of Kazakhstan are creation of necessary legal conditions aimed at achieving a balance of interests of the parties to labour relations, social stability and public consent.

Article 4. Principles of labour legislation of the Republic of Kazakhstan

      The principles of the labour legislation of the Republic of Kazakhstan are:

      1) inadmissibility of limiting the rights of a person and citizen at work;

      2) freedom of work;

      3) prohibition of discrimination at work, compulsory labour and the worst forms of child labour;

      4) ensuring the right to working conditions that meet safety and hygiene requirements;

      5) priority of the life and health of the employee;

      6) ensuring the right to remuneration for labour not lower than minimum salary;

      7) ensuring the right to rest and leisure;

      8) equality of rights and opportunities for employees;

      9) ensuring the right of employees and employers to unite in order to protect their rights and interests;

      10) assistance of the state in strengthening and development of social partnership;

      11) state regulation of safety and labour protection issues.

Article 5. Freedom of work

      Everyone has the right to freely choose work or freely agree to work without any discrimination and forcing to it, the right to exercise own abilities to work, to choose a profession and occupation.

Article 6. Prohibition of discrimination in labor

      1. Everyone has equal opportunities in the exercise of their rights and freedoms at work. No one may be limited in rights in labor, except in cases and in the manner provided for by this Code and other laws of the Republic of Kazakhstan.

      2. No one may be subjected to any discrimination in the exercise of labour rights on grounds of origin, social, official and property status, gender, race, nationality, language, attitude to religion, belief, place of residence, age or physical disabilities, as well as belonging to public associations.

      3. Discrimination does not constitute discrimination, exceptions, preferences and restrictions that, in accordance with the laws of the Republic of Kazakhstan, are established for relevant types of work or are due to special care of the state for persons in need of increased social and legal protection.

      4. Persons who consider that they have been subjected to discrimination at work shall have the right to apply to a court or other authorities in the manner established by the laws of the Republic of Kazakhstan.

Article 7. Prohibition of forced labour

      Forced labour is prohibited.

      Forced labour means any work or service required from a person under the threat of any punishment for which this person has not voluntarily offered his services.

      Forced labour is allowed only:

      due to a court verdict that has entered into legal force, provided that the work will be done under supervision and control of state bodies and that the person who performs it will not be ceded or transferred to individuals and (or) legal entities;

      in a state of emergency or martial law.

Article 8. Scope of this Code

      1. This Code regulates the relations:

      1) labour;

      2) directly related to labour;

      2) social partnership;

      4) on safety and labour protection.

      2. This Code applies to employees and employers located on the territory of the Republic of Kazakhstan, including branches and (or) representative offices of foreign legal entities that have been registered, unless otherwise provided by laws and international treaties ratified by the Republic of Kazakhstan.

      3. Features of legal regulation of labour of certain categories of employees are established by this Code and other laws of the Republic of Kazakhstan.

      4. The laws of the Republic of Kazakhstan shall not reduce the level of rights, freedoms and guarantees established by this Code.

Article 9. Minimum social standards in labor matters

      The minimum monthly salary, the duration of daily work (work shift), the basic paid annual leave are the minimum social standards in labor in accordance with the Law of the Republic of Kazakhstan “On minimum social standards and their guarantees”.

Article 10. Labor agreements, agreements of social partnership parties, collective agreements, acts of the employer in labor matters

      1. Labor relations, as well as other relations directly related to labour relations, are governed by the labor agreement, the act of the employer, agreement and collective agreement.

      2. Provisions of the agreements of the social partnership parties, collective, labor agreements, acts of employers worsening the situation of employees compared to the labor legislation of the Republic of Kazakhstan are recognized as invalid and are not applicable.

      3. The terms of agreements, collective and labor agreements may not be changed unilaterally.

Article 11. Acts of the employer

      The employer shall issue acts within the limits of own competence in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan, the labor agreement, agreements and collective agreement.

Article 12. Procedure for taking into account the opinions of the representatives of employees when issuing acts of the employer

      1. The employer in the cases provided for by the agreements, collective agreement, issues acts taking into account the opinions of representatives of employees.

      2. The employer shall submit draft act of the employer and justification for it to the representatives of employees. If there are several representatives of employees, they create a single representative body to take into account opinions on the acts of the employer, size of which is proportional to number of employees they represent.

      3. The draft act of the employer is discussed by the representatives of employees no more than five working days from the date of its submission. If the representatives of employees fail to provide the decision within the timelines established by this Code, the employer has the right to adopt act without taking into account the opinion.

      4. The decisions of representatives of employees are drawn up in a protocol, which indicates agreement (disagreement) with draft act of employer of representatives of employees, if available, sets out their proposals.

      5. If the opinion of the representatives of employees does not contain agreement with the draft act of the employer or contains proposals for its change, the employer:

      1) if agreed, issues an act amended taking into account proposals of the representatives of employees;

      2) in case of disagreement, have the right to conduct additional consultations with representatives of employees.

      6. In case of failure to reach agreement on draft acts of the employer, for Issue of which in accordance with agreements, collective agreement requires consideration of the views of the representatives of the employees, disagreements arising are documented by protocol signed by one representative of the employer and employees, after which the employer has the right to accept act.

      7. If the issued act of the employer contains provisions that violate or impair the rights and guarantees of employees, provided for in this Code, labour and collective agreements, agreements, it may be appealed to Local Labour Inspectorate or the court.

Article 13. Calculation of time periods established by this Code

      1. The time period established by this Code, labour or collective agreement, agreements is determined by a calendar date, the expiration of a period of time, which is calculated in years, months, weeks or days. The time period may also be determined by indicating the event that is due to come.

      2. In the cases provided for by this Code, the time period shall be calculated in working days.

      Course of procedural period, determined by the period, shall start on the next day after calendar date or event, which defined its start.

      4. The time periods, calculated in years, months, weeks, expire on the corresponding dates of the last year, month, week. If the expiration of a time period calculated in months falls on a month in which there is no corresponding date, then the time period expires on the last day of this month. The time period calculated in calendar weeks or days includes non-working days.

      5. If the last day of time period falls on a non-working day, then the first working day following it is considered the expiration date, unless otherwise provided by this Code.

Article 14. Responsibility for violation of labour legislation of the Republic of Kazakhstan

      Persons guilty of violating the labour legislation of the Republic of Kazakhstan shall be liable in accordance with the laws of the Republic of Kazakhstan.

Chapter 2. STATE REGULATION IN LABOUR RELATIONS

Article 15. Competence of the Government of the Republic of Kazakhstan in labour relations regulation

      The Government of the Republic of Kazakhstan:

      1) develops main directions and ensures implementation of state policy in labour, safety and labour protection;

      2) determine size of social security for temporary disability;

      3) approves Standard provision on the conditions of payment for work and bonuses for executives of national companies, joint-stock companies, whose controlling block of stoke are owned by the state;

      4) approves system of payment for work of civil servants, employees of organizations maintained at the expense of the state budget, employees of state enterprises;

      5) concludes general agreement with republican associations of employers and republican associations of employees;

      6) establishes procedure for adoption of regulatory legal acts in safety and labour protection by relevant authorized bodies;

      24) performs other functions entrusted to it by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.


      Article 16. Competence of the authorized state body for labour in labour relations regulation

      The authorized state body for labour:

      1) implements the state policy in labour, safety and labour protection;

      2) organizes state control over compliance with the labour legislation of the Republic of Kazakhstan, including safety and labour protection requirements, legislation of the Republic of Kazakhstan on employment of population, and coordinates activities and verifies activities ofLocal Labour Inspectorate;

      3) provides methodological guidance and coordination of local executive bodies in labour relations regulation;

      4) requests necessary information from Local Labour Inspectorate on labour relations issues;

      5) coordinates appointment of the chief state labour inspector of region, city of republican significance, the capital;

      6) coordinates the activities of state bodies in development of technical regulations in safety and labour protection;

      7) coordinates and interacts in safety and labour protection with other government agencies, as well as with representatives of employees and employers;

      8) establishes procedure for development, approval, replacement and revision of labour standards by the employer, model standards and labour standards, common and (or) intersectoral, model standards and labour standards for all fields of activities;

      9) develops and approves list of names of positions of employees related to administrative personnel;

      10) establishes procedure for submission, review and approval of labour standards in organizations, for the services (goods, works) of which the state regulation of tariffs (prices, charge rates) is introduced;

      11) establishes procedure for submission, review and approval of parameters for system of payment for labor for employees of organizations, for services (goods, works) of which the state regulation of tariffs (prices, charge rates) is introduced;

      12) registers sectoral and regional agreements concluded at the level of the oblast (the city of republican significance, the capital);

      13) conducts training and certification of state labour inspectors;

      14) controls timely and objective investigation of accidents related to labour activities, in the manner prescribed by this Code and other regulatory legal acts of the Republic of Kazakhstan;

      15) carries out international cooperation in labour relations regulation;

      16) determines procedure for development, revision, approval and application of the Unified Tariff Qualification Directory of works and professions of employees, tariff qualification characteristics of professions of employees, Qualification Directory of chiefs, professionals and other employees, as well as standard qualification characteristics of chiefs, professionals and other employees of organizations;

      Article is amended by adding subparagraphs 16-1 and 16-2 in accordance with the Law of the Republic of Kazakhstan dated April 6, 2016, No. 483-V

      16-1) develops and approves the Unified Tariff and Qualification Directory of works and professions of employees, tariff and qualification characteristics of professions of employees, qualification directory of positions of chiefs, professionals and other employees;

      16-2) develops and approves qualification characteristics of individual positions of professionals of state institutions and state enterprises, common to all activities;

      Sub-paragraph 17 is set out as amended by the Law of the Republic of Kazakhstan dated April 6, 2016 No. 483-V (refer to earlier version)

      17) considers and approves qualification directories or standard qualification characteristics of positions of chiefs, professionals and other employees of organizations of various types of economic activities, developed and approved by authorized state bodies of relevant activities;

      18) determines list of industries, workshops, professions and positions, list of hard work, work with harmful and (or) hazardous working conditions, work in which gives the right to reduced working hours, additional paid annual leave and increased salary, and also procedure for their submission (hereinafter - the List of industries, workshops, professions and positions, the list of hard work, work with harmful and (or) hazardous working conditions);

      19) creates a commission to investigate group accidents in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan;

      20) organizes monitoring and risk assessment in safety and labour protection;

      21) approves standard provision on labour arbitration;

      22) establishes a unified procedure for calculating average salary;

      23) determines procedure for admission to the civil service and competition for vacancy of a civil servant;

      24) determines general requirements for professional training, retraining and raising of qualification of personnel in organization;

      25) approves form, procedure for maintaining and storing workbooks;

      26) approves list of works in which the use of labour of employees under the age of eighteen years, the maximum rates of carrying and lifting loads by employees under the age of eighteen years are prohibited;

      27) approves list of works for which the use of women's labour is prohibited, the maximum rates for manually lifting and moving weights by women;

      28) approves standard provision on service of safety and labour protection in organization;

      29) determines procedure for mandatory periodic certification of production facilities for working conditions;

      30) determines procedure and terms for conducting training, instructing and testing of knowledge on safety and labour protection of employees;

      31) establishes procedure for development, approval and revision of instructions on safety and labour protection by the employer;

      32) determines procedure for appointment and payment of social security for temporary disability;

      33) approves procedure for issuing milk or equivalent food products, medical and preventive nutrition, special clothes and other personal protective clothing to employees, and also establishes procedure for providing them with collective protection clothing, sanitary facilities and devices at the expense of the employer;

      34) approves, as agreed with central authorized body for budget planning, the norms for issuing milk or equivalent food products to medical and preventive nutrition to employees;

      35) approves, as agreed with central authorized body for budget planning, the norms for issuing special clothing and other personal protective clothing for employees of organizations of various kinds of economic activities;

      36) develops and approves procedure for declaring activities of the employer;

      37) determines the priorities of scientific research in safety and labour protection and labour relations regulation;

      38) organizes development of scientific, scientific and technical projects and programs funded from the state budget, and implements them;

      39) develops and approves form of recording for collective labour disputes;

      40) develops and approves unified inter-sectoral standards for the number of employees providing technical services and functioning of state bodies;

      Article is amended by adding subparagraph 40-1 in accordance with the Law of the Republic of Kazakhstan dated April 6, 2016, No. 483-V

      40-1) coordinates industry standards for the number of employees who provide technical services and functioning of state bodies, which are developed and approved by the state bodies of relevant areas of activities in accordance with procedure established by the authorized state body for labour;

      41) coordinates registers of civil servants' posts, developed and approved by relevant authorized state bodies of relevant areas of activities;

      42) exercises other powers provided for by this Code, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 17. Competence of Local Labour Inspectorate

      Local Labor Inspectorate:

      1) exercises state control over compliance of the labour legislation of the Republic of Kazakhstan, including safety and labour protection requirements;

      2) monitors collective agreements submitted by employers;

      3) analyzes the causes of occupational injuries, occupational diseases, occupational poisoning and develops proposals for their prevention;

      4) investigates accidents related to employment in the manner established by this Code and other regulatory legal acts of the Republic of Kazakhstan;

      5) conducts an examination of knowledge of persons responsible for ensuring safety and labour protection at employers;

      6) excluded in accordance with the Law of the Republic of Kazakhstan dated May 24, 2018, No. 156-VI (refer to earlier version)

      7) interacts with representatives of employees and employers on improvement of standards of safety and labour protection;

      8) considers appeals of employees, employers and their representatives on safety and labour protection issues;

      9) monitors certification of production facilities for working conditions;

      10) excluded in accordance with the Law of the Republic of Kazakhstan dated May 24, 2018, 156-VI (refer to earlier version)

      11) submits periodic reports to the authorized state body for labour, as well as the results of monitoring the state of safety and labour protection based on safety and labour protection information system;

      12) monitors collective labour disputes in the form established by the authorized state body for labour;

      13) submits necessary information on labour relations to the authorized state body for labour;

      14) declares the activities of the employer.

Article 18. Competence of local executive bodies in labour relations regulation

      Local executive bodies:

      1) implement the state policy in labour, safety and labour protection;

      Refer to the amendments to subparagraph 2 - the Law of the Republic of Kazakhstan dated June15, 2017, No. 73-VI (shall be enforced on January 1, 2019)

      2) as agreed with local representative body, determine the list of positions of specialists in healthcare, social welfare, education, culture, sports and veterinary medicine who are civil servants and work in rural areas;

      3) register sectoral and regional agreements concluded at the city, district level;

      4) coordinate the conduct of strikes in organizations providing vital activities of population (public transport, organizations providing water, electricity, heat);

      5) conclude regional (oblast, city, district) agreements with regional associations of employers and regional associations of employees;

      6) review and agree on the parameters of payment for work system for employees of organizations whose services (goods, works) introduce state regulation of tariffs (prices, charge rates) in the manner prescribed by the authorized state body for labour;

      7) establish a quota for employment of categories of population defined by the laws of the Republic of Kazakhstan;

      8) exercise in the interests of local government other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.

 Chapter 3. ENTITIES OF LABOUR RELATIONS. GROUNDS
FOR LABOUR RELATIONS

Article 19. Entities of labour relations

      The entities of labour relations are the employee and the employer.

      The head of branch or representative office of foreign legal entity exercises all rights and performs all the duties of the employer on behalf of this legal entity.

Article 20. Representatives of the employees and their powers

      1. The interests of employees within the powers delegated to them are represented by the bodies of trade unions in accordance with the Law of the Republic of Kazakhstan “On Trade Unions”, and in their absence, elected representatives.

      2. Employees who are not members of a trade union who did not participate in election of elected representatives of employees are entitled to delegate the right to represent their interests to trade union bodies, elected representatives of employees. On the basis of a written statement of the employee, trade union bodies, elected representatives of the employees, ensure representation of his interests.

      3. Elected representatives of employees have the right to:

      1) represent and protect the labour rights and interests of employees;

      2) to conduct collective bargaining with the employer for development of projects and collective agreements;

      3) in accordance with collective agreements visit workplaces to study and take measures to ensure normal working conditions;

      4) to participate in settlement of labour disputes between the employee and the employer in the manner established by this Code.

Article 21. Grounds for labour relations

      1. Labour relations arise between an employee and an employer on the basis of labor agreement concluded in accordance with this Code, with exception of cases established by the laws of the Republic of Kazakhstan.

      2. In the cases and in the manner established by the laws of the Republic of Kazakhstan, constituent documents, acts of the employer, conclusion of labor agreement may be preceded by the following procedures:

      1) election to position;

      2) election on competition for occupation of relevant position;

      3) appointment to position or approval of apointment;

      4) referral to work by the authorized laws of the Republic of Kazakhstan for the account of the established quota;

      5) court decision on conclusion of labor agreement.

      3. Labor relations with the chief of executive body of legal entity are carried out in accordance with this Code, the laws of the Republic of Kazakhstan, constituent documents and labor agreement.

Article 22. Basic rights and obligations of employee

      1. The employer shall be entitled to:

      1) conclude, amend, add, terminate of labor agreement in the manner and on the conditions provided for by this Code;

      2) require from the employer to fulfill the conditions of labor and collective agreements;

      3) safety and labor protection;

      4) obtain complete and reliable information on the state of working conditions and labor protection;

      5) in time and in full payment of salary in accordance with the terms of labor and collective agreements;

      6) pay for idle time in accordance with this Code;

      7) rest, including paid annual leave;

      8) association, including the right to form a trade union, as well as membership in it, for provision and protection of their labour rights, unless otherwise provided by the laws of the Republic of Kazakhstan;

      9) participate through their representatives in collective negotiations and development of draft collective agreement, as well as familiarization with signed collective agreement;

      10) compensate for harm caused to health related to performance of labour duties;

      11) mandatory social insurance;

      12) insurance against accidents in performance of labor (official) duties;

      13) guarantees and compensation payments;

      14) protect their rights and legitimate interests by all means not contrary to the law;

      15) equal pay for equal work without any discrimination;

      16) appeal for settlement of individual labor dispute successively to the conciliation commission, court in the manner provided for by this Code;

      17) work place equipped in accordance with the requirements on safety and labour protection;

      18) provision of the means of individual and collective protection with special clothing in accordance with the requirements stipulated by the legislation of the Republic of Kazakhstan, as well as labour and collective agreements;

      19) refusal to perform work in the event of situation that creates a threat to his/her health or life, with notice to the direct chief or representative of the employer;

      20) appeal to the authorized state body for labor and (or) to the local labor inspection body to conduct a survey of safety and labour protection at work, as well as to participate in inspection and consideration of issues related to improvement of conditions, safety and labor protection;

      21) appeal of actions (failure to act) of the employer in labour relations and directly related to them;

      22) payment for work in accordance with the qualifications, complexity of work, quantity and quality of work performed, as well as working conditions;

      23)settlement of individual and collective labour disputes, including the right to strike, in accordance with procedure established by this Code and other laws of the Republic of Kazakhstan;

      24) ensure the protection of personal data stored by the employer.

      2. The employee shall be obliged to:

      1) perform labor duties in accordance with agreements, labor and collective agreements, acts of the employer;

      2) comply with labor discipline;

      3) comply with the requirements for safety and labour protection, fire safety, industrial safety and production sanitation at work place;

      4) take good with respect to property of the employer and employees;

      5) inform the employer on situation that has arisen, which represents a threat to the life and health of people, the safety of property of the employer and employees, as well as occurrence of idle time;

      6) not to disclose information which is state secret, official, commercial or other legally protected secret, which become known to them due to implementation of labour duties;

      7) reimburse the employer for damage caused within the limits established by this Code and other laws of the Republic of Kazakhstan.

      3. The employee has other rights and performs other duties provided for in this Code.

Article 23. Basic rights and duties of employer

      1. The employer shall be entitled to:

      1) freedom of choice upon entry into employment;

      2) amend, add, terminate labor agreements with employees in the manner and on the grounds established by this Code;

      3) issue, within the limits of its authority, acts of the employer;

      4) create and join associations for the purposes of representation and protection of their rights and interests;

      5) require employees to fulfill the conditions of labour and collective agreements, labour regulations and other acts of the employer;

      6) encourage employees, impose disciplinary penalties, bring employees to liability in the cases and in the manner provided for by this Code;

      7) compensate for damage caused by the employee during performance of his labour duties;

      8) apply to the court in order to protect their rights and legitimate interests in labour;

      9) establish a probationary period for the employee;

      10) provide employees with professional training, retraining and raising of qualification in accordance with this Code;

      11) reimburse their costs associated with training of the employee, in accordance with this Code;

      12) appeal for resolution of individual labour dispute successively to the conciliation commission, court in the manner provided for by this Code;

      2. The employer shall be obliged to:

      1) comply with the requirements of the labour legislation of the Republic of Kazakhstan, agreements, collective and labor agreements, acts issued by them;

      2) upon entry into employment, conclude labor agreements with employees in the manner and on the conditions established by this Code;

      3) demand, upon entry into employment, the documents necessary for concluding labor agreement, in accordance with Article 32 of this Code;

      4) provide the employee with a work due to labor agreement;

      5) pay the employee in time and in full the salary and other payments provided for by the regulatory legal acts of the Republic of Kazakhstan, labour and collective agreements, acts of the employer;

      6) introduce to the employee the labor order rules, other acts of the employer that are directly related to the work (labor function) of the employee, and the collective agreement;

      7) consider proposals of the representatives of the employees and provide the representatives of the employees with full and reliable information necessary for collective bargaining, concluding collective agreements, as well as monitoring their implementation;

      8) hold collective negotiations in the manner established by this Code, to enter into collective agreement;

      9) provide employees with working conditions in accordance with the labor legislation of the Republic of Kazakhstan, labor and collective agreements;

      10) provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labour duties, at their own expense;

      11) provide information to the authorized body on employment issues in accordance with the requirements of the legislation of the Republic of Kazakhstan on employment of population;

      12) comply with the instructions of state labor inspectors;

      13) suspend work if its continuation creates a threat to the life and health of the employee and other persons;

      14) carry out compulsory social insurance of employees;

      15)insure the employee against accidents when it performs labour (official) duties;

      16) provide the annual paid leave to the employee;

      Subparagraph 17 is set out as amended by the Law of the Republic of Kazakhstan dated April 16, 2018 No. 147-VI (refer to earlier version)

      17) ensure the safety and delivery to the state archive of documents confirming labour activities of employees, and information on the withholding and deduction of money for their pension coverage and compulsory social insurance;

      18) warn the employee on harmful and (or) hazardous working conditions and possibility of occupational disease;

      19) take measures to prevent risks at work and in technological processes, to carry out preventive work, taking into account production and scientific and technical progress;

      20) keep records of working time, including overtime, in harmful and (or) hazardous working conditions, in hard work performed by each employee;

      21) compensate for the harm caused to the life and health of employee, in the performance of his labour (official) duties in accordance with this Code and other laws of the Republic of Kazakhstan;

      22) freely allow officials of the authorized state body on labour and the local labour inspectorate, representatives of employees, technical inspectors on labour protection to conduct inspections of the state of safety, conditions and labour protection in organizations and compliance with the legislation of the Republic of Kazakhstan, as well as for investigation of accidents related to work activities and occupational diseases;

      23) ensure the maintenance of registers or other documents determined by the employer, in which the full name (if indicated in identity document) and the date of birth of employees under eighteen years of age are indicated;

      24) collect, process and protect personal data of the employee in accordance with the legislation of the Republic of Kazakhstan on personal data and its protection;

      25) exercise internal control over safety and labour protection.

      3. The employee has other rights and performs other duties provided for in this Code.

SPECIAL PART  SECTION 2. LABOuR RELATIONS Chapter 4. LABOR AGREEMENT

Article 24. Subject of labor agreement

      Under labor agreement, employee undertakes to personally perform work (laboUr function), comply with laboUr regulations, and the employer undertakes to provide employee with stipulated labour function, to ensure working conditions stipulated by this Code, laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, collective agreement , by the acts of the employer, in time and in full to pay salary to the employee.

Article 25. Guarantees of equal rights and opportunities when concluding labor agreement

      1. It is prohibited to violate the equality of rights and opportunities when concluding labor agreement.

      2. Pregnancy, having the children under three-year age, minority, disability may not restrict the right to enter into labor agreement, unless otherwise provided for by this Code.

Article 26. Prohibitions and restrictions on conclusion of labor agreement and employment

      1. It is not allowed to conclude labor agreement:

      1) for performance of work that is against medical advice to a person for health reasons on the basis of a medical opinion;

      2) with citizens under the age of eighteen for hard work, work with harmful and (or) hazardous working conditions, and also for positions and work that provide for the employee’s full liability for failure to preserve the property and other values of the employer, as well as for work, performance of which may harm their health and moral development (gambling, night entertainment, production, transportation and sale of alcohol salt production, tobacco products, narcotic drugs, psychotropic substances and precursors);

      3) with citizens deprived of the right to occupy a certain position or engage in certain activities in accordance with court sentence that has entered into legal force;

      Sub-paragraph 4 is set out as amended by Article 204 (effective as on January 1, 2017) (refer to earlier version)

      4) with foreigners and stateless persons temporarily staying on the territory of the Republic of Kazakhstan, until obtaining permission from the local executive body to recruit foreign labour force or a certificate of qualification for self-employment, issued in the manner determined by the authorized body on migration, foreign employees or until a permit is obtained for the labour immigrant issued by the internal affairs bodies in the manner established by the Ministry of the Internal Affairs of the Republic of Kazakhstan, or without compliance with restrictions or exemptions established by the laws of the Republic of Kazakhstan;

      5) with foreign students and probationers temporarily staying on the territory of the Republic of Kazakhstan who have not submitted certificates from the educational organization stating the form of study or the host organization for occupational training and (or) probation and stay permit for receiving education;

      6) with foreigners and stateless persons temporarily staying on the territory of the Republic of Kazakhstan who have not submitted permission to enter and stay for the purpose of family reunification and document confirming the state of marriage with a citizen of the Republic of Kazakhstan recognized by the legislation of the Republic of Kazakhstan;

      7) for performance of work (provision of services) in the household by one employer - an individual simultaneously with more than five labour immigrants.

      2. The employment is not allowed:

      1) in a commercial organization, except for government agencies and organizations, in the authorized capital of which the state's share is more than fifty percent, including the national managing holdings, national holdings, national companies, national development institutes, shareholder of which is the state, their subsidiaries, more than fifty percent of voting shares (participation shares) of which belong to them, as well as legal entities, more than fifty percent of voting shares (participation shares) of which belong to these subsidiaries, of the person within one year after termination of his public service, if in the last year before termination of public service during execution of government functions, the person by virtue of his official powers directly exercised control in the form of inspections of commercial organization or activities of this commercial organization were directly connected with specified person in accordance with his competence;

      2) in state enterprises on the basis of the right of economic management, national managing holdings, national development institutions, national holdings and national companies, as well as their subsidiaries for a position related to performance of management functions, of the person who previously committed a corruption crime;

      3) in the organization in education, upbringing and development, recreation and rehabilitation, physical culture and sports, medical provision, provision of social services, culture and art with participation of minors, of the persons who have or have been convicted, subjected to criminal prosecution (except for persons, the criminal prosecution against whom was terminated on the basis of subparagraphs 1) and 2) of the part one of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan) for criminal violations: murder, deliberate harm to health, against public health and morality, sexual inviolability, extremist or terrorist crimes, human trafficking;

      4) to women for hard work, work with harmful and (or) hazardous working conditions in accordance with the List of works for which the labour of women is prohibited;

      Sub-paragraph 5 is set out as amended by the Law of the Republic of Kazakhstan dated April 16, 2018 (refer to earlier version)

      5) to spare-time work of employees under the age of eighteen years, and employees engaged in hard work, work with harmful and (or) hazardous working conditions, with exception of medical employees.

Article 27. Difference of labor agreement from other types of agreements

      Distinctive features of labor agreement from other types of agreements are presence of one of the following conditions in it:

      1) performance of work by employee (labour function) for a particular qualification, specialty, profession or position;

      2) fulfillment of obligations personally with subordination of labor routine;

      3) receipt of salary by the employee.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 28. Content of labor agreement

      1. The labor agreement shall contain:

      1) details of the parties:

      full name (if indicated in identity document) of the employer - individual, address of his permanent place of residence and information on registration at place of residence, name, number and date of issue of identity document;

      individual identification number (business identification number);

      name of the legal entity employer and its location, number and date of state registration of the legal entity employer, business identification number;

      full name (if indicated in identity document) of the employee, address of his permanent place of residence and information on registration at place of residence, name, number and date of issue of identity document, individual identification number;

      2) work in a particular specialty, profession, qualification or position (labour function);

      3) place of work performance;

      4) period of labor agreement validity;

      5) date of commencement of work;

      6) working hours and rest time system;

      7) size and other conditions of payment for work;

      8) characteristics of working conditions, guarantees and benefits, if work relates to hard and (or) performed in harmful and (or) hazardous conditions;

      9) rights and duties of the employee;

      10) rights and duties of employer;

      11) procedure for amendment and termination of labor agreement;

      13) liability of the parties;

      13) date of conclusion and serial number.

      2. A labor agreement entered into with a disabled person shall contain conditions for equipping workplaces according to their individual capabilities.

      3. By agreement of the parties, other conditions that are not contrary to the legislation of the Republic of Kazakhstan shall be included in labor agreement.

Article 29. Non-compete clause

      1. By agreement of the parties, agreement on non-competition shall be concluded between the employer and the employee, which provides for obligation of the employee not to carry out actions that could harm the employer.

      2. The agreement on non-competition establishes restrictions and conditions for their adoption, and shall also establish compensation for period of validity of this condition, except for cases when condition on non-competition is provided for by the legislation of the Republic of Kazakhstan.

      3. The list of positions and works held or performed by employees, with whom non-competition agreement may be concluded, shall be approved by the act of the employer.

Article 30. Period of labor agreement

      1. The labor agreement shall be entered into:

      1) for an indefinite period;

      2) for a fixed period of at least one year, except for the cases established by subparagraph 3), 4), 5) and 6) of this paragraph.

      Upon expiration of labor agreement, the parties are entitled to extend it for an indefinite or definite period of at least one year.

      In case of expiry of labor agreement, if none of the parties during the last working day (shift) notified the termination of labour relations in writing, it is considered extended for the same period as previously concluded, except as otherwise provided in paragraph 2 Article 51 of this Code.

      The number of renewals of labor agreement concluded for fixed period of at least one year shall not exceed two times.

      If labour relations continues, the labor agreement is considered to be concluded for an indefinite period;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      3) for the period of performance of certain work;

      4) at the time of replacement of temporarily absent employee;

      5) for duration of seasonal work;

      Sub-paragraph 6 is set out as amended by Article 204 (effective as on January 1, 2017) (refer to earlier version)

      6) within the limits established by the legislation of the Republic of Kazakhstan terms of labour activity of foreign employees arriving for self-employment, issued by the local executive body permits to employ foreign labour force or issued by the internal affairs bodies for settling labour immigrants.

      2. The small business entities may conclude labor agreements with employees for fixed period without restriction provided for in subparagraph 2) of paragraph 1 of this article.

      3. labor agreement with foreign employee of state body shall be concluded for a period determined by the chief of the state body.

      4. Labor agreement with the chief of executive body of legal entity is concluded by the owner of property of legal entity or authorized person (body) or authorized body of legal person or authorized person for the period and in the manner established by the laws of the Republic of Kazakhstan, constituent documents or agreement of the parties.

      In case of expiration of labor agreement concluded with the chief of executive body of legal entity, if neither party no later than the last working day before expiration of labor agreement informed on termination of labour relations, labor agreement is extended for a period until decision is made by the founders, owner of property of legal entity or its authorized person (body) or authorized body of legal entity on election (appointment, approval in position) of a new chief, or the same person, unless another period of extension is not defined by this decision.

      Paragraph 2 is set out as amended by the Law of the Republic of Kazakhstan dated April 6, 2016, No. 483-V (refer to earlier version)

      5. With an employee who has reached retirement age in accordance with paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan “On Pension Coverage in the Republic of Kazakhstan” and having a high professional and qualification level, taking into account its performance, labor agreement can be renewed annually without limitation provided for by the fourth part of paragraph 2) of paragraph 1 of this article.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 31. Age when conclusion of labor agreement is allowed

      1. The conclusion of labor agreement is allowed with citizens who have reached the age of sixteen.

      2. The labor agreement can be concluded with:

      1) citizens who have reached the age of fifteen, in cases when they receive basic secondary, general secondary education in the organization of secondary education;

      2) students who have reached the age of fourteen, to perform work during their free time, which is not harmful to health and does not disrupt learning process;

      3) with persons under the age of fourteen in cinema organizations, theaters, theater and concert organizations, circuses to participate in the creation and (or) performance of works without compromising health and moral development in compliance with the conditions specified in subparagraph 2) of this paragraph.

      3. In the cases specified in paragraph 2 of this article, along with the minor, labor agreement shall be signed by one of his parents, guardian, trustee or adoptive parent.

Article 32. Documents required for conclusion of labor agreement

      1. For conclusion of labor agreement the following documents are required:

      1) identity card or passport (birth certificate for persons under the age of sixteen).

      Oralmans present an oralman certificate issued by local executive bodies;

      2) stay permit or certificate of stateless persons (for foreigners and stateless persons permanently residing in the territory of the Republic of Kazakhstan) or refugee certificate;

      3) document on education, qualification, availability of special knowledge or occupational training at conclusion of labor agreement for work requiring relevant knowledge and skills;

      4) document confirming labour activity (for persons having work experience);

      5) document on passing a preliminary medical examination (for persons obliged to undergo such examination in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan).

      2. In order to conclude labor agreement in education, upbringing, recreation and rehabilitation, physical culture and sports, medical care, social services, culture and art with the participation of minors, person submits certificate on presence or absence of information on the commission of a criminal offense: murder, deliberate harm to health, against public health and morality, sexual inviolability, extremist or terrorist crimes, human trafficking.

      3. When entering the civil service, to work in state enterprises on the right of economic management, national managing holdings, national development institutions, national holdings and national companies, as well as their subsidiaries for a position related to execution of management functions, person submits a certificate on presence or absence of information on commission of a corruption offense.

      4. To conclude labor agreement for spare-time work with another employer, employee submits a certificate on nature and working conditions at the main place of work (place of work, position, working conditions).

      5. The list of documents required for conclusion of labor agreement when attracting foreign employees of state body is determined in accordance with procedure for attracting foreign employees, approved by the Government of the Republic of Kazakhstan.

      6. An employer shall not have the right to require documents not provided for by paragraph 1 of this article, with exception of cases provided for by laws and other regulatory legal acts of the Republic of Kazakhstan.

      Refer to: Answer of the Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan dated April 17, 2018 to the question dated April 5, 2018 No. 491245 (dialog.egov.kz) “The employer's demand for military tickets for conclusion of labor agreement does not contradict paragraph 6 of Article 32 of the Labour Code"

      7. In the event that the employee consents to keep original documents with the employer or to temporarily leave them for procedures established by the legislation of the Republic of Kazakhstan, the employer issues to the employee a written obligation to return the documents.

Article 33. Procedure for conclusion, amendment and addition of labor agreement

      1. The labor agreement shall be concluded in writing in at least two copies and signed by the parties. One copy of labor agreement is kept by the employee and the employer.

      2. Amendments and additions to labor agreement, including when transferring to another job, are made by the parties in writing in the form of an additional agreement in the manner provided for in paragraph 1 of this article.

      Notification of amendments in the terms of labor agreement is filed by one of the parties to labor agreement and is reviewed by the other party within five working days from the date of its submission. The party that received notification of amendments in the terms of labor agreement, including when transferring to another job, is obliged to inform other party on decision made within time period specified in this article.

      3. Admission to work of person is carried out only after conclusion of labor agreement.

      In case of absence and (or) failure to properly execute the labor agreement due to fault of the employer, he shall be liable in the manner established by the laws of the Republic of Kazakhstan. In this case, labour relations is considered to have arisen from the day the employee began to work.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      4. Recognition of labor agreement as invalid due to the fault of the employer does not entail the loss by the former employee of the right to pay, the compensation payment for unused days of paid annual leave, other payments and benefits.

      The recognition as invalid of certain conditions of labor agreement does not entail invalidity of labor agreement as a whole.

Article 34. Execution of entry into employment

      Entry into employment is issued by the act of the employer, issued on the basis of labor agreement.

Article 35. Documents confirming the employer’s labour activities

      The document confirming the employee’s labour activities can be any of the following:

      1) record of employment;

      2) labor agreement with note of the employer on the date and the basis for its termination;

      3) extracts from acts of the employer confirming origin and termination of labour relations on basis of conclusion and termination of labor agreement;

      4) an extract from salary payment sheet;

      5) work record (list of information on work, labour activities of the employee), signed by the employer, certified by seal of organization (if available);

      6) extracts from unified accumulative pension fund on the transferred mandatory pension contributions;

      7) information from the State Social Insurance Fund on social contributions made;

      8) archival certificate containing information on labour activities of the employee.

Article 36. Terms on probationary period in labor agreement

      1. At conclusion of labor agreement, a condition on a probationary period may be established in labor agreement in order to verify the qualifications of an employee for the work assigned to him. The probationary period begins with the beginning of labor agreement.

      2. The probationary period is included in work experience of the employee and may not exceed three months. The probationary period can be extended to six months for chief of organizations and their deputies, chief accountants and their deputies, chiefs of branches, representative offices of organizations.

      3. The probationary period is suspended for period when the employee was actually absent at work.

Article 37. Test result upon entry into employment

      1. In case of a negative result of the employee’s work during probationary period, the employer shall have the right to terminate labor agreement with him, notifying him in writing, indicating the reasons giving occasion to termination of labor agreement.

      2. If the test period has expired and none of the parties notified termination of labor agreement, the employee is considered to have passed probation period.

Article 38. Transfer of the employee to another job

      1. The transfer of the employee to another job is:

      1) change in the work (labour function) of the employee, that is, work in another position, specialty, profession, qualification;

      2) assignment of another job, performance of which changes working conditions (salary, working hours and rest time, benefits and other conditions), due to labor agreement;

      3) transfer to a separate structural unit of the employer;

      4) transfer to another locality together with the employer.

      2. Transfer of the employee to another job is allowed with consent of the employee, is made by making appropriate changes to labor agreement and the act of the employer, except in cases provided for in this Code.

      3. It is not allowed to transfer the employee to another job with contraindications for the employee for health reasons, confirmed by a medical certificate.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 39. Transfer of the employee to another locality together with the employer

      1. The employer is obliged to notify the employee in writing on upcoming relocation of the employer to another location no later than one month, unless a longer notice period is provided for in labour and collective agreements.

      2. In the event of a written refusal by an employee to transfer to another locality, together with the employer, labor agreement with the employee is terminated on the basis provided for in subparagraph 1) of paragraph 1 of Article 58 of this Code.

Article 40. Secondment of the employee to another legal entity

      1. Secondment - performance by an employee (seconded) of work in a certain specialty, qualification or position (labour function), stipulated by labor agreement, or in another position, specialty, qualification from another legal entity, except for the restrictions provided for by the legislation of the Republic of Kazakhstan.

      In order to ensure the fulfillment of certain tasks, secondment of employees is allowed:

      1) to legal entity whose shares (participation share) directly or indirectly belong to the legal entity from which the employee is seconded;

      2) to legal entity to which directly or indirectly belong the voting shares (participation shares) of the legal entity from which the employee is seconded.

      2. The list of positions and the number of seconded employees shall be established by written agreement between legal entities, depending on the purpose of secondment.

      3. The conditions, procedure and term for secondment of the employee are determined by agreement that is signed between legal entities and seconded employee.

      In case of simultaneous secondment of employees more than ten percent of average number of legal entities to which employees are seconded, it is necessary to coordinate with the representatives of employees of legal entity to whom employees are seconded.

      The procedure of approval is determined by agreement of the parties between legal entities and representatives of employees.

      4. For seconded worker, place of work (position) of the employer who carries out secondment is saved.

      5. Secondment is allowed only with a written consent of the parties to labor agreement by signing an additional agreement to labor agreement indicating the place of work for period of secondment. At the end of secondment period, the employer undertakes to provide the employee with a place of work (position), which the employee held before secondment.

      6. For period of secondment, the employee is subject to working hours and rest periods of legal entity to whom he is seconded, with exception of duration and procedure for granting of annual payable leave.

      7. In case of violation of labour discipline by a seconded employee, a legal entity to which he is seconded, within three working days notifies the employer of seconded employee with submission of supporting documents for making a decision on bringing him to disciplinary responsibility in accordance with the labour legislation of the Republic of Kazakhstan.

      8. In the event of accident involving a seconded employee, organization of investigation of accident related to labour activity is assigned to the legal entity to which the employee has been seconded, with participation of representative of the employer.

Article 41. Temporary transfer to another job if required operationally

      The employer in case of production need, including temporary replacement of the absent employee, has the right to transfer the employee without his consent for up to three months during breaking-in period to another not due to labor agreement and not contraindicated for health reasons in the same organization, the same locality or structural unit of the employer located in another locality, with payment for work performed, but not lower than average salary for previous work.

      In case of temporary transfer to structural unit of the employer located in another locality, the employee is paid compensation in the amounts provided for in Article 127 of this Code.

Article 42. Temporary transfer to another job in case of idle time

      1. In case of idle time, the employer has the right to transfer the employee without his consent for the entire period of idleness to another job not contraindicated for health reasons.

      2. In case of temporary transfer to another job in case of idle time, the employee is paid for work being done.

Article 43. Temporary transfer to another job for health reasons

      1. In connection with occupational injury, occupational disease or other damage to health, received in connection with performance of labour duties, or other damage to health not related to production, on the basis of medical opinion, the employer is obliged until restoration of working ability or establishment of disability or establishment of loss of working ability temporarily transfer the employee to lighter work or release him from work under the conditions stipulated in labour, collective agreements.

      2. In case of an employee’s written refusal to temporarily transfer to lighter work when receiving work-related occupational injury, occupational disease or other damage to health, or due to deterioration of health not related to production, labor agreement with the employee is terminated on the basis provided by subparagraph 3) paragraph 1 of Article 58 of this Code.

Article 44. Temporary transfer to another job of pregnant women

      The employer, on the basis of medical opinion, is obliged to transfer pregnant woman to another job, which excludes impact of harmful and (or) hazardous production factors, while maintaining average salary.

      Prior to providing another job for a pregnant woman, she should be exempted from job while maintaining average salary.

      If pregnant woman refuses to accept transfer to another job offered by the employer, she shall be exempted from performing contraindicated work without salary until granting maternity and pregnancy leave.

Article 45. Relocation of the employee to another workplace. Change of job title (s)

      1. Does not require consent of the employee to move it to another workplace or to another structural unit in the same locality, or assignment of work on another mechanism or aggregate within position, specialty, profession, qualification, stipulated by labor agreement.

      2. Changing the name of the position (work) of the employee, structural unit, changing management structure that does not entail for the employee changes in working conditions, can be carried out by the employer without consent of the employee.

Article 46. Change of terms of labour

      1. Due to changes in organization of production associated with reorganization or change of economic, technological conditions, conditions of work organization and (or) reduction of amount of work for the employer, it is allowed to change working conditions of the employee while continuing to work in accordance with his specialty or profession, relevant qualifications. When working conditions change, the corresponding additions and amendments are made to labor agreement.

      2. The employer is obliged to notify the employee in writing on change in working conditions that occurred for the reasons specified in paragraph 1 of this article, no later than fifteen calendar days, unless longer notice period has been provided for by labour or collective agreements.

      3. In the event of written refusal by the employee to continue work due to a change in working conditions, labor agreement with the employee is terminated on the basis provided for in subparagraph 2) of paragraph 1 of Article 58 of this Code.

      If the circumstances specified in paragraph 1 of this article may entail reduction in number or staff, the employer has the right to introduce part-time work in order to save jobs.

Article 47. Labour relations when changing the name, departmental affiliation of the employer, changing the owner of shares (participation shares) of legal entity, reorganization of the employer - a legal entity

      In cases of changes in the name, departmental affiliation of the employer, change of the owner of shares (participation shares) of the legal entity, reorganization of the employer - legal entity, labour relations with employees continue unchanged.

Article 48. Suspension from work

      1. In cases stipulated by the laws of the Republic of Kazakhstan, the employer is obliged to suspend the employee from work on the basis of acts of the relevant authorized state bodies.

      2. In addition to the cases provided for in paragraph 1 of this article, the employer shall taff the job of the employee:

      1) who is at work in a state of alcoholic, narcotic, toxic intoxication (their analogues) or who have consumed substances during a working day that cause such intoxication;

      2) who did not pass the examinations to test knowledge on safety and labour protection issues or industrial safety;

      3) who is not using personal and (or) collective protection provided by the employer;

      4) who has not passed a medical examination or pre-shift medical examination, if they are mandatory in accordance with the legislation of the Republic of Kazakhstan;

      5) in case of loss of the employee’s right to drive a vehicle or other permits necessary for performance of work, stipulated by labor agreement;

      6) if his actions or inaction have caused or could have led to creation of an emergency, violation of the rules of labour protection, fire safety or traffic safety in transport.

      3. The employer has the right to remove from work the employee who has not ensured the safety of property and other valuables transferred to the employee on the basis of a written agreement on taking liability.

      4. For period of suspension from work the employee does not save salary and is not paid at the expense of the employer’s allowance for temporary disability.

      5. Suspension of the employee from work is carried out by an act of the employer for period until the reasons and reasons for suspension that gave the occasion to removal.

      6. Salary is retained by the employee in the event of his unlawful removal by the employer from work.

Article 49. Grounds for termination of labor agreement

      Grounds for termination of labor agreement

      1) termination of labor agreement by agreement of the parties;

      2) expiration of labor agreement;

      3) termination of labor agreement at the initiative of the employer;

      4) related to transfer of the employee to another employer;

      5) termination of labor agreement at the initiative of the employee;

      6) circumstances beyond the control of the parties;

      7) the employee’s refusal to continue labour relations;

      8) transfer of an employee to elective work (position) or his appointment to position that excludes possibility of continuing labour relations, except in cases provided for by the laws of the Republic of Kazakhstan;

      9) violation of conditions for concluding labor agreement.

Article 50. Procedure for termination of labor agreement as agreed by the Parties

      1. Labor agreement may be terminated by agreement of the parties.

      2. The party to labor agreement that has expressed a desire to terminate labor agreement by agreement of the parties shall send notification to the other party to labor agreement.

      The party that received notification is obliged to inform the other party on decision taken in writing within three working days.

      The date of termination of labor agreement by agreement of the parties is determined by agreement between the employee and the employer.

      3. By agreement with the employee, the right of the employer to terminate labor agreement without complying with the requirements established by paragraph 2 of this article, with compensation payment, the amount of which is determined by labor agreement, can be provided for in labor agreement.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 51. Procedure for termination of labor agreement upon the expiry of the period

      1. The labor agreement concluded for fixed term is terminated due to expiration of its term.

      2. If on the day of expiry of labor agreement concluded for fixed term of not less than one year, the pregnant woman will submit a medical certificate on pregnancy for a period of twelve or more weeks, as well as the employee who has a child under three years old and adopted child and who wished to use his right to leave without pay for child care, will submit a written statement on extension of labor agreement, except for cases of replacement of temporarily absent employee, the employer is obliged to extend the term of labor agreement on the day the childcare leave ends.

      3. The date of expiry of labor agreement concluded at time of performance of certain work is the day of completion of work.

      4. The date of expiry of labor agreement concluded at the time of temporarily replacement of absent employee is the day when the employee came to work, for whom place of work (position) is retained.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 52. Grounds for termination of labor agreement at the initiative of the employer

      1. Labor agreement with employee at the initiative of the employer can be terminated in the following cases:

      1) liquidation of the employer - a legal entity or termination of the activities of the individual entity employer;

      2) reduction in the number of employees or staff size

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      3) reduction in volume of production, work performed and services rendered, resulting in a deterioration in economic condition of the employer;

      Refer to: Letter of the General Prosecutor's Office dated January 19, 2016 No. 2-010721-16-03143 “The possibility of applying the rules (which were absent in the previously existing Labour Code) to labour relations that arose before entry into force of the Code”, Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 "On some issues of application by the courts of the law in resolution of labour disputes"

      4) nonconformity of the employee with position held or work performed due to insufficient qualifications, confirmed by the results of certification;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      5) repeated failure to pass a knowledge test on safety and labour protection or industrial safety by the employee responsible for ensuring the safety and labour protection of organization engaged in production activities;

      Paragraph is amended by adding subparagraph 5-1 in accordance with the Law of the Republic of Kazakhstan dated January 10, 2018, No. 134-VI (enforced on June 13, 2018)

      5-1) deprivation of certificate of qualification "appraiser";

      6) the employee’s inconsistencies with position held or work performed due to health conditions that prevent continuation of this work and exclude possibility of its continuation;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      7) negative result of work during period of probation;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      8) absence of the employee at work without reasonable excuse for three or more consecutive hours in one working day (work shift);

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      9)employee being at workplace in a state of alcoholic, narcotic, psychotropic, toxic intoxication (their analogues), including in cases of use during the working day of substances that cause the state of alcoholic, narcotic, toxicological intoxication (their analogues);

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      10) refusal to undergo a medical examination in order to establish the fact of the use of substances causing the state of alcoholic, narcotic, toxic intoxication, confirmed by the relevant act;

      11) violation by the employee of the rules of labour protection or fire safety or traffic safety in transport, which entailed or could lead to serious consequences, including occupational injuries and accidents;

      12) theft (including small-scale) of another's property, its deliberate destruction or damage, committing by the employee at the place of work as established by a verdict or court decision that has entered into force;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      13) guilty actions committing or failure to act by the employee serving monetary or commodity values, if these actions or inaction give occasion to a loss of confidence in him by the employer;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      14) committing by the employee performing educational functions of immoral misconduct incompatible with continuation of this work;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      15) disclosure by the employee of information constituting state secrets and other secrets protected by law, which have become known to him in connection with performance of labour duties;

      16) repeated failure to perform or repeated improper performance without valid excuses of labour duties by the employee having a disciplinary penalty;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      17) the employee’s submission to the employer of knowingly false documents or information when concluding labor agreement or transferring to another job, if the original documents or information could be grounds for refusing to conclude labor agreement or transferring to another job;

      18) violation of labor duties by the chief of the executive body of the employer, his deputy or the chief of the employer's subdivision (branches, representative offices and other subdivisions of the employer as defined by the employer’s act), which caused material damage to the employer;

      19) termination of employee access to state secrets in cases established by the laws of the Republic of Kazakhstan;

      20) non-attendance of the employee for more than two months in a row due to temporary disability, except when the employee is on maternity and pregnancy leave, and also if the disease is included in the list of diseases for which a longer period of disability is established, approved by the authorized public healthcare authority.

      For the employee who is unable to work due to occupational injury or occupational disease, the place of work (position) is maintained until restoration of working capacity or establishment of disability;

      21) if the employee commits a corruption offense that excludes, in accordance with judicial act that has entered into legal force, the possibility of further work, except as expressly provided for by the laws of the Republic of Kazakhstan;

      22) continuation by the employee of participation in the strike after bringing to notice of the court of his decision to declare the strike illegal or to suspend the strike;

      23) termination of the powers of the chief of the executive body, members of collegial executive body of the legal entity, and also in accordance with the Law of the Republic of Kazakhstan “On Joint Stock Companies” of employees of internal audit service and corporate secretary by decision of the owner of property of the legal entity or authorized by the owner of person (body) or authorized body of a legal entity;

      Subparagraph 24 as amended in accordance with the Law of the Republic of Kazakhstan dated April 6, 2016 No. 483-V (refer to earlier version)

      24) if the employee reaches retirement age established by paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan “On pension benefits in the Republic of Kazakhstan”, with the right to annually extend the term of labor agreement by mutual agreement of the parties;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      25) absence of the employee at work for more than one month for reasons unknown to the employer.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      2. The labor agreement for spare-time work may be terminated at the initiative of the employer if labor agreement is concluded with the employee for whom this work will be the main one.

Article 53. Procedure for termination of labor agreement at the initiative of the employee

      1. The employer upon termination of labor agreement on the grounds provided for in subparagraphs 1) and 2) of paragraph 1 of Article 52 of this Code, shall notify the employee in writing of termination of labor agreement not less than one month if the labour and collective agreements do not provide for a longer notification period. With written consent of the employee, termination of labor agreement contract may be made before the expiration of notification period.

      It is not allowed to terminate labor agreement with employees until they reach retirement age established by the Law of the Republic of Kazakhstan “On pension benefits in the Republic of Kazakhstan”, which are less than two years old, on the grounds provided for in subparagraphs 2) and 4) of paragraph 1 of Article 52 of this Code, without positive decision of the commission created from an equal number of representatives from the employer and employees.

      2. When terminating labor agreement on the basis provided for by subparagraph 3) clause 1 of Article 52 of this Code, the employer shall notify employees in writing of termination of labor agreement fifteen working days, unless a longer notification period is specified in labour and collective agreements. By agreement of the parties, notification period may be replaced by payment of salary proportional to non-worked time. In notification, the employer is obliged to indicate the reasons that gave occasion to termination of labor agreement.

      Termination of labor agreement on this basis is possible with simultaneous compliance of the following conditions:

      1) closure of structural unit (workshop, site);

      2) inability to transfer the employee to another job;

      3) a written notification of at least one month of the representatives of the employees indicating the reasons giving occasion to termination of labor agreement (direct connection between economic changes of the employer and need to terminate labor agreement).

      3. The termination of labor agreement on the basis stipulated by subparagraph 4) of paragraph 1 of Article 52 of this Code should be based on decision of certification commission, which should include employee representatives, unless otherwise provided by the laws of the Republic of Kazakhstan.

      The procedure, conditions and frequency of certification of employees are determined by collective agreement or the act of the employer.

      4. The termination of labor agreement on the basis provided for in subparagraph 5) of paragraph 1 of Article 52 of this Code shall be based on decision of examination committee created in the manner established by the legislation of the Republic of Kazakhstan.

      5. In order to terminate labor agreement on the basis stipulated by subparagraph 6) of paragraph 1 of Article 52 of this Code, inconsistency of the employee with position or work performed due to health conditions that prevent continuation of this work shall be confirmed by a medical opinion in the manner established by the legislation of the Republic of Kazakhstan.

      6. The termination of labor agreement on the grounds provided for in subparagraphs 8), 9), 10), 11), 12), 13), 14), 15), 16), 17) and 18) of paragraph 1 of Article 52 of this Code shall be made with compliance of procedure for application of disciplinary penalty provided for in Article 65, and the requirements of Article 66 of this Code.

      Paragraph 7 is amended in accordance with the Law of the Republic of Kazakhstan dated July 2, 2018, No. 165-VI (refer to earlier version)

      7. The termination of labor agreement on the basis stipulated in subparagraph 9) of paragraph 1 of Article 52 of this Code shall be confirmed by a medical certificate.

      The decision to send the employee for a medical examination is made by a person authorized by the employer. In the event of the employee’s refusal to undergo a medical examination, the appropriate act is drawn up.

      Paragraph 8 is amended in accordance with the Law of the Republic of Kazakhstan dated July 2, 2018, No. 165-VI (refer to earlier version)

      8. Termination of labor agreement on the basis provided for in subparagraph 20) of paragraph 1 of Article 52 of this Code is allowed after the employee has submitted a sheet of temporary disability.

      Paragraph 9 is amended in accordance with the Law of the Republic of Kazakhstan dated April 6, 2016 No. 483-V (refer to earlier version); set out as amended by the Law of the Republic of Kazakhstan dated April 16, 2018, No. 147-VI (refer to earlier version)

      9. Termination of labor agreement on the basis provided for by subparagraph 24) of paragraph 1 of Article 52 of this Code is allowed when the employee reaches the retirement age established by paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan “On Pension Coverage in the Republic of Kazakhstan”, notifying the employee after reaching his pension age not less than one month before the date of termination of labor agreement and payment of compensation in the amount determined by labour and collective agreements and (or) the act of the employer.

      10. The termination of labor agreement on the basis provided for in subparagraph 25) of paragraph 1 of Article 52 of this Code is allowed if the employee fails to provide information on the reasons for absence of the act of absence within ten calendar days from the day the employer sends the employee an absence letter.

Article 54. Limitation of possibility for termination of labor agreement at the initiative of the employer

      1. It is not allowed to terminate labor agreement at the initiative of the employer during period of temporary disability and the employee’s leave, except as provided for in subparagraphs 1), 18), 20) and 23) of paragraph 1 of Article 52 of this Code.

      2. The termination of labor agreement initiated by the employer on the grounds provided for in subparagraphs 2) and 3) of paragraph 1 of Article 52 of this Code is not allowed with pregnant women who provided the employer with a certificate of pregnancy, women with children under three years of age, single mothers, bringing up a child under the age of fourteen (a disabled child under the age of eighteen), other persons raising a specified category of children without a mother.

Article 55. Grounds and procedure for termination of labor agreement related to transfer of the employee to another legal entity

      1. The labor agreement with an employee is terminated due to his transfer to another legal entity:

      1) more than fifty percent of the shares (participation share) of which are directly or indirectly owned by the employer, with whom labor agreement is terminated;

      2) which directly or indirectly owns more than fifty percent of the shares (participation share) of the employer, with whom labor agreement is terminated;

      3) more than fifty percent of the shares (participation share) of specified legal entity and the employer with which labor agreement is terminated belong to the same legal entity.

      2. The grounds for termination of labor agreement are written application of the employee and written confirmation of the consent of entry into employment by another legal entity. The date of termination of labor agreement is determined by agreement of the parties.

Article 56. Procedure for termination of labor agreement at the initiative of the employee

      1. The employee is entitled, on his own initiative, to terminate labor agreement by notifying the employer in writing at least one month in advance, except for the cases provided for by paragraph 3 of this article. The labor agreement allows establishment of a longer notification period by the employee of the employer of termination of labor agreement.

      2. The labor agreement on the initiative of the employee may be terminated before expiration of period specified in paragraph 1 of this article, with written consent of the employer.

      3. The employee has the right to notify the employer in writing of the employer's failure to comply with the terms of labor agreement. If, after the expiry of seven-day period from the date of written notification, non-fulfillment of the terms of labor agreement by the employer continues, the employee is entitled to terminate labor agreement by notifying the employer in writing no later than three working days.

      4. During notification period provided for in this article, notification can be withdrawn by agreement of the parties.

      5. Upon the expiry of notification period specified in this article, the employee has the right to stop work, except in cases of non-completion of transfer and acceptance of property (documentation) of the employer through the fault of materially responsible persons. The day of termination of an employment contract with materially responsible employees is the day of completion of the transfer and acceptance of the property (documentation) of the employer.

Article 57. Grounds for termination of labor agreement due to circumstances beyond the control of the Parties

      1. The labor agreement shall be terminated due to the following circumstances, beyond the reasonable control of will of the parties:

      Sub-paragraph 1 is set out as amended by Article 204 (effective as on January 1, 2017) (refer to earlier version)

      1) when the local executives revoke a permit to engage foreign labour or expiry of validity of a stay permit;

      2) upon the entry into force of a court sentence, by which the employee or the employer - an individual is sentenced to punishment, eхcluding possibility of continuing labour relations;

      3) in case of the death of the employee or the employer - an individual, as well as in the event that the court declares the employee or the employer - an individual to have died or is declared missing;

      4) in the event of the court recognizing the employee as incapable or partially capable, as a result of which the employee is not able to continue labour relations;

      5) in case of reinstatement in work of the employee who previously performed this work;

      Subparagraph 6 is set out as amended by the Law of the Republic of Kazakhstan dated June 13, 2018 (refer to earlier version)

      6) upon admission of the employee to military service under a contract, service to law enforcement and special state bodies from the day the employee presents relevant document no later than within three days.

      2. The date of termination of the employment contract on the grounds specified in subparagraphs 2), 3) and 4) of paragraph 1 of this article is the date of entry into force of sentence or decision of the court, the date of death of the employee or the employer - an individual.

Article 58. Grounds for termination of labor agreement if the employee refuses to continue labour relations

      1. The labor agreement with an employee shall be terminated if the employee refuses to continue labour relations in the following cases:

      1) the employee’s refusal to transfer to another locality together with the employer;

      2) the employee’s refusal to continue work due to changes in working conditions;

      3) the employee’s refusal to temporarily transfer to another job due to state of healthcare upon receipt in connection with performance of labour duties of occupational injury, occupational disease or other damage to health not related to production.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      2. Termination of labor agreement is allowed in case of a written refusal by the employee to continue labour relations or in the presence of the act of absence of a written refusal by the employee.

      3. Termination of labor agreement on the grounds specified in paragraph 1 of this article during period of temporary disability of the employee (including maternity and pregnancy) and leave is not allowed.

Article 59. Procedure for termination of labor agreement related to transfer of the employee to elective work (position) or his/her appointment to position

      The labor agreement with the employee is terminated in connection with his transfer to elective work (position) or appointment to a position, if the laws of the Republic of Kazakhstan prohibit persons holding such positions from occupying other paid positions.

      The bases are notification by the employee of the employer and the act of election or appointment of the employee to work (position).

Article 60. Grounds for termination of labor agreement due to a breach of labor agreement terms

      The labor agreement is subject to termination due to violation of the conditions for concluding labor agreement, if this violation excludes possibility of continuing labour relations in the following cases:

      1) conclusion of labor agreement for performance of work that is contraindicated for the employee for health reasons on the basis of medical opinion;

      2) conclusion of labor agreement for performance of work in violation of verdict or court decision that has entered into force, by which a person is deprived of the right to hold certain positions or engage in certain activities;

      Sub-paragraph 3 is set out as amended by Article 204 (effective as on January 1, 2017) (refer to earlier version)

      3) concluding labor agreement with foreigners and stateless persons without obtaining in accordance with the established procedure certificates of qualification for self-employment or permission to employ foreign labour force or without observing restrictions or exemptions established by the laws of the Republic of Kazakhstan;

      4) conclusion of labor agreement with a foreign employee of a state body in violation of the requirements established by the regulatory legal acts of the Republic of Kazakhstan;

      5) conclusion of labor agreement with persons specified in paragraph 2 of Article 26 of this Code;

      6) in other cases provided for by this Code, the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.

Article 61. Execution of termination of labor agreement

      1. Termination of labor agreement is executed by an act of the employer, except for termination of labor agreement in case of death (declaring the court dead or declaring missing) the employer - an individual and terminating labor agreement with domestic employees.

      2. The act of the employer shall indicate the basis for termination of labor agreement in accordance with this Code.

      3. The copy of the act of the employer on termination of labor agreement shall be handed to the employee or sent to him by letter with notification within three working days from the date of Issue of the act of the employer.

Article 62. Issue of documents confirming labour activities, as well as other documents related to labour activities

      1. On the day of termination of labor agreement, the employer is obliged to issue a document confirming the employee’s labour activities.

      2. At the request of the employee (including the former), the employer is obliged, within five working days from the time of application, to issue a certificate indicating specialty (qualification, position), work time and salary, a recommendation characteristic containing information on the qualifications of the employee and his attitude to work, as well as other documents stipulated by this Code.

      3. In case of liquidation, bankruptcy of the employer - a legal entity, termination of the activities of the employer - an individual, the employer is required to issue a certificate of amount of salary and other payments duly executed, if there is a debt to the employee.

Chapter 5. LABOR ROUTINE. LABOR DISCIPLINE

Article 63. Labor routine regulations

      1. The labor routine regulations are approved by the employer.

      2. The labor routine regulations set working time and rest time of employees, conditions for ensuring labour discipline, other issues regulating labour relations.

Article 64. Disciplinary penalty

      Paragraph 1 is amended in accordance with the Law of the Republic of Kazakhstan dated May 24, 2018, No. 156-VI (refer to earlier version)

      1. For the employee’s disciplinary offense, the employer or the first chief of national managing holding in the cases provided for by the laws of the Republic of Kazakhstan has the right to apply the following kinds of disciplinary penalties:

      1) remark;

      2) admonition;

      3) strict admonition;

      4) termination of labor agreement on the initiative of the employer on the grounds provided for in subparagraphs 8), 9), 10), 11), 12), 13), 14), 15), 16), 17) and 18) of paragraph 1 of Article 52 of this Code.

      2. Application of disciplinary penalties not provided for by this Code and other laws of the Republic of Kazakhstan is not allowed.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 65. Procedure for application of disciplinary penalty

      Paragraph 9 is set out as amended by the Law of the Republic of Kazakhstan dated May 24, 2018 No. 156-VI (refer to earlier version)

      1. Disciplinary sanction is imposed by the employer by issuing an act of the employer, with exception of cases provided for by the laws of the Republic of Kazakhstan. When imposing a disciplinary penalty by the first chief of national managing holding in the cases provided for by the laws of the Republic of Kazakhstan, the provisions of Articles 65 and 66 of this Code shall apply.

      2. Prior to application of disciplinary penalty, the employer is obliget to request a written explanation from the employee. If upon the expiry of two working days the written explanation by the employee is not submitted, then a corresponding statement is drawn up.

      Failure to provide an explanation to the employee is not an obstacle to application of disciplinary penalty.

      3. For each disciplinary offense, only one disciplinary penalty can be applied to the employee.

      4. The act of the employer on imposing a disciplinary penalty on the employee cannot be issued in the period:

      1) of temporary disability of an employee;

      2) of release of the employee from work for period of performance of state or public duties;

      3) the employee is on vacation or rotational leave;

      4) the employee on a business trip.

      5. The act of imposing a disciplinary penalty shall be announced to the employee subjected to a disciplinary penalty against signature within three working days from the date of its publication. In the event of the employee’s refusal to confirm his familiarization with the act of the employer with his signature, a corresponding entry is made in the act of imposing a disciplinary penalty.

      If it is not possible for the employee to personally familiarize the employer's act of imposing a disciplinary penalty, the employer shall send the employee a copy of the act of disciplinary penalty by letter of notification within three working days from the date of issuing the employer's act.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 66. Terms of imposition and operation of disciplinary penalty

      1. A disciplinary sanction is imposed on the employee immediately upon discovery of a disciplinary offense, but no later than one month from the date of its discovery, except as provided for in paragraph 4 of Article 65 of this Code and other laws of the Republic of Kazakhstan.

      In the cases provided for in Article 176 of this Code, disciplinary penalties shall be imposed no later than one month from the date of entry into force of a court decision declaring a strike illegal.

      2. A disciplinary sanction cannot be applied later than six months from the date of disciplinary offense, and in cases established by the laws of the Republic of Kazakhstan or establishment of disciplinary offense as a result of an audit or verification of financial and economic activities of the employer - later than one year from the day the employee committed disciplinary offense. The specified time periods does not include the time of criminal proceedings.

      3. The duration of imposition of a disciplinary penalty is suspended for duration of absence of the employee at work due to temporary disability, release from work to perform state or public duties, being on leave, business trip or rotational leave.

      4. The period of validity of a disciplinary penalty may not exceed six months from the date of its application, with exception of termination of labor agreement on the grounds provided for by this Code.

      5. The employer who has imposed disciplinary sanction on the employee is entitled to withdraw it early by issuing the act of the employer.

Chapter 6. WORKING TIME

Article 67. Working time and types thereof

      1. Periods of preparatory and final work (obtaining a task assignment, materials, tools, familiarization with equipment, documentation, preparation and cleaning of workplace, delivery of finished products and others), breaks provided by technology, labour organization; safety and labour protection; the time of presence or expectation of work at workplace, when the employee does not have free time; Obligationon holidays and weekends; Obligationat home, as well as other periods that, in accordance with labor agreements, collective agreements, acts of the employer or regulatory legal acts of the Republic of Kazakhstan, refer to working time.

      2. Working time can be of normal duration, reduced duration and incomplete.

Article 68. Standard working time

      1. Standard working time should not exceed 40 hours per week.

      2. The labor agreement can provide for shorter working hours with payment as for normal working hours.

      3. The total duration of daily work at the place of main work and spare-time work shall not exceed the norm of duration of daily work, established by paragraph 4 of Article 71 of this Code, by more than 4 hours.

Article 69. Reduced working time for specific categories of the employees

      1. For employees under the age of eighteen years, a reduced working time is set:

      1) for employees aged from fourteen to sixteen years - no more than 24 hours per week;

      2) for employees from sixteen to eighteen years - no more than 36 hours per week.

      2. For employees engaged in hard work, work with harmful and (or) hazardous working conditions, set a reduced working time of not more than 36 hours per week according to the list of industries, workshops, professions and positions, the list of hard work, work with harmful and (or) hazardous working conditions.

      The reduced working hours established by this paragraph applies to employees whose work in difficult, harmful and (or) hazardous conditions is confirmed by the results of certification of production facilities for working conditions.

      In the event that the employer fails to certify production facilities for working conditions as well as for workplaces that are not subject to certification, the reduced working time is provided in full according to the List of industries, workshops, occupations and positions, the list of hard work, work with harmful and (or ) hazardous working conditions.

      Refer to: Rules for provision of reduced working hours

      3. Disabled employees of the first and second groups shall have a reduced working time of no more than 36 hours per week.

      The duration of daily work (work shift) of employees with disabilities of the first and second groups cannot exceed seven hours.

      4. Payment for work of employees when they establish reduced working hours is made in accordance with this Code.

Article 70. Part-time work

      1. At the conclusion of labor agreement, as well as in the process of labour relations, by written agreement between the employee and the employer, part-time work can be established for the employee.

      Part-time work is time that is less than the normal duration established by this Code, including:

      1) part-time, that is, a decrease in rate of duration of daily work (work shift);

      2) incomplete working week, that is, reducing number of working days in the working week;

      3) simultaneous reduction of norm of duration of daily work (work shift) and a reduction in the number of working days in the work week.

      2. Part-time work does not entail for the employee restrictions on length of paid annual leave, calculation of work experience and other rights in labour established by this Code, labour and collective agreements, agreements.

      3. The employer, upon a written request of a pregnant woman, one of the parents (adoptive parent) with a child (children) under the age of three years, sets part-time work.

Article 71. Working time system

      1. For employees, a five-day working week is established with two days off. With a five-day working week, the duration of daily work (shift) is determined by the act of the employer, taking into account the specifics of the work and in compliance with the established working week duration.

      2. In organizations where, by nature of production and working conditions, introduction of a five-day working week is impractical, a six-day working week with one day off is established.

      3. The five-day or six-day working week shall be established by the employer in accordance with the terms of labour and collective agreements or the act of the employer.

      4. The duration of daily work cannot exceed 8 hours, with exception of cases provided for by this Code and other laws of the Republic of Kazakhstan.

      5. The duration of daily work (work shift), the start and end time of daily work (work shift), the time of work breaks are determined in compliance with the conditions established by the rules of labor routine, labour and collective agreements.

      6. For creative employees of professional organizations of art and cultural leisure, media employees, athletes, coaches, a different duration of daily work (work shift) can be established in accordance with the labour legislation of the Republic of Kazakhstan, employer's acts, collective or labor agreements.

Article 72. Division of daily work (work shift) into parts

      Division of daily work (work shift) into parts is allowed:

      1) at work with different intensity of work;

      2) at the initiative of the employee, if it is associated with his social and other personal needs.

      2. When dividing the daily work (work shift) into parts, the total duration of working time should not exceed the established duration of daily work (work shift).

      3. The types of work where daily work (work shift) is divided into parts, the number and duration of interruptions in work, and the types and amounts of compensation payments to employees for work with such conditions are determined by labour and collective agreements.

      Breaks associated with division of daily work (work shift) into parts are provided for the rest of employees and do not apply to working time.

Article 73. Shift work

      1. Shift work can be established in cases where duration of production process exceeds the allowed duration of daily work.

      2. During shift work, duration of work shift, transition from one work shift to another is established by shift schedules.

      3. The shift schedules are brought by the employer to notification of employees no later than ten calendar days before they are entered into force.

      4. Involving an employee to work during two work shifts in a row is prohibited.

      Refer to: Guidelines on development of salary system for employees of organizations of private ownership (agreed upon by the Vice Minister of Healthcare and Social Development of the Republic of Kazakhstan on May 27, 2016), Letter of the Ministry of Healthcare and Social Development of the Republic of Kazakhstan dated May 3, 2016 No. ZhT-К-1988 “Payment for work in holidays and weekends with a shift schedule"

Article 74. Work under a flexible working time system

      1. In order to combine social and other personal needs of employees with the interests of production, employees can be assigned a flexible working time regime.

      2. When flexible working time are set:

      1) fixed working time;

      2) flexible (variable) working time, during which the employee has the right to perform his duties at his discretion;

      3) recording period.

      3. The recording period for flexible working hours is the period within which average working hours established for this category of employees shall be observed.

      4. The recording period with flexible working time shall not exceed six months.

      5. The duration of daily work (work shift) and (or) weekly work in flexible working hours may be more or less than the norm of daily and (or) weekly working hours.

      6. The duration of fixed working time, flexible (variable) working time, recording period in flexible working time mode shall be established by the act of the employer, labour or collective agreements.

Article 75. Summarized recording of working time

      1. Summarized recording of working time is applied in continuously operating productions, workshops, areas and on certain types of work, where under conditions of production (work), daily or weekly working hours established for this category of workers cannot be observed.

      2. The recording period for summarized recording of working time is period within which average daily and (or) weekly working hours established for this category of workers shall be observed.

      3. The recording period for summarized recording of working time can be any calendar period, but not more than one year or period of performing a certain work.

      4. When establishing a summed record of working time, it is imperative that the employee’s rest period be observed between the end of work and its commencement on the next working day (work shift).

      5. Procedure of work in case of summarized recording of working time, categories of workers for which summarized recording of working time is established, is determined by collective agreement or act of the employer.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

      6. Attraction of employees under the age of eighteen years to work with the use of summarized recording of working time is not allowed.

      7. The use of summarized working time for pregnant women is not allowed if duration of working day (work shift) exceeds eight hours.

      8. It is not allowed to use summarized recording of working time for disabled employees of the first group.

      Summarized recording of working time for disabled employees of the second and third groups cannot be established if such a regime is prohibited by them on the basis of conclusion of expert pathological commission.

Article 76. Night work

      1. The night time is from 22 to 6 hours.

      2. The following people are not allowed to work at night:

      employees under the age of eighteen;

      pregnant women who provided the employer with a certificate of pregnancy.

      3. Involvement of employees with disabilities to night work is allowed only with their written consent, provided that such work is not prohibited for health reasons in accordance with medical report.

      4. The employer shall not involve the following employees to work at night without written consent of:

      1) women with children under the age of seven, and other persons raising children under the age of seven without a mother;

      2) employees raising disabled children under the age of sixteen.

Article 77. Overtime work

      1. Involvement to overtime work is allowed only with the written consent of the employee, except for the cases provided for in paragraph 2 of this article.

      2. Overtime work without consent of the employee is allowed in the following cases:

      1) in production of works necessary for defense of the country, as well as for prevention of emergency situations, natural disasters or industrial accidents, or immediate elimination of their consequences;

      2) to eliminate other circumstances that disrupt the normal functioning of water supply, gas supply, heat supply, energy supply and other life support systems;

      3) to continue work when a replacement employee fails to appear, if the work does not allow for a break, with immediate action being taken to replace another employee;

      4) to provide emergency and urgent assistance to citizens who are threatened with loss of health or death.

      3. The following employees are not allowed to work overtime:

      1) pregnant women who provided the employer with a certificate of pregnancy.

      2) under the age of eighteen;

      3) disabled people.

Article 78. Overtime limit

      1. Overtime work shall not exceed two hours for each employee during the day, and for hard work, work with harmful and (or) hazardous working conditions - one hour.

      2. The total duration of overtime work shall not exceed twelve hours per month and one hundred twenty hours per year.

      3. The limitation of maximum amount of overtime work does not apply to work in cases provided for in subparagraphs 1) and 4) of paragraph 2 of Article 77 of this Code.

Article 78. Procedure of recording of working time

      1. The employer is obliged to record working time actually worked by the employee.

      2. Time worked and not worked by the employee is not subject to recording. At the same time, overtime, night work, weekends, holidays, and business trips are taken into account separately.

      3. The form and procedure for recording of working time are determined by the act of the employer.

      4. In cases when periods of work performed not at the workplace are included in the employee’s working time or their performance cannot be fixed by the employer at a specific time, these periods are marked in the records of working time as the amount of work established by labor agreement.

Chapter 7. REST TIME

Article 80. Types of rest time

      Types of rest time are:

      1) breaks during working day (work shift):

      break for rest and food;

      Intra-shift and special breaks;

      2) daily (inter-shift) rest;

      3) holidays (rotational leave);

      4) holidays;

      5) leaves.

Article 81. Break for rest and food

      1. During daily work (work shift), the employee shall be given one break for rest and food for at least half an hour.

      2. The time for providing a break for rest and food, its duration shall be established by the rules of labor routine, labour and collective agreements.

      3. The break time for rest and food is not included in the working time. At work, where provision of a break is impossible under the terms of production, the employer must provide the employee with opportunity to rest and eat during working hours in a specially equipped place. The list of such works, procedure and place for the rest and food are established by collective agreement or acts of the employer.

Article 82. Intra-shift and special breaks;

      1. For certain types of work, employees are provided with intra-shift breaks due to technology and organization of production and labour, which are included in working time. The types of these works, duration and procedure for granting such breaks are determined by collective agreement or acts of the employer.

      2. The employees working during cold or hot seasons in an open air, in closed unheated premises, and also engaged in loading and unloading operations are provided with special breaks for heating or cooling and rest, which are included in working hours. The employer is obliged to provide equipment for the premises for heating, cooling and rest of employees.

      3. Working women with children under the age of one and a half years, fathers (adoptive parents), raising children under the age of one and a half years without a mother, are provided with additional breaks for feeding the child (s) at least every three hours of work of the following duration:

      1) having one child, - each break not less than thirty minutes;

      2) having two or more children - each break for at least one hour.

      4. Breaks for feeding a child (children) at the request of an employee referred to in paragraph 3 of this article shall be attached to a break for rest and food, or summarized breaks are provided at the beginning or end of working day (shift).

      5. Breaks for feeding the child (children) are included in working time. During breaks, women, fathers, adoptive parents are kept at an average salary.

Article 83. Duration of daily (inter-shift) rest

      The duration of the employee’s daily (inter-shift) rest between the end of work and its commencement on the next day (work shift) shall not be less than twelve hours.

Article 84. Days off

      1. The employees are provided with days off.

      2. With a five-day work week, employees are provided with two days off a week, and with a six-day work week, one day off.

      3. With a five-day and six-day work week, the general day off is Sunday. The second day off during the five-day work week is established by collective agreement or labor routine.

      4. The employees (group of employees) employed in continuous production or in production where it is impossible to stop work on days off due to production conditions or due to the need for continuous uninterrupted service to population, as well as working on a rotational basis, days off are provided on different days of the week alternately according to shift schedules (rotational schedules).

      5. The first day of Kurban-ayt, celebrated according to the Muslim calendar, January 7 - Orthodox Christmas are the days off, regardless of operating modes and shift schedules (rotational schedules).

      6. The employee who is on a business trip, uses days off in accordance with the rules of work schedule of the employer to whom he is sent.

Article 85. Work on days off and holidays

      1. To attract employees working on a shift schedule or on a rotational basis on a rotational schedule, to work on holidays and on days off as provided for by paragraph 5 of Article 84 of this Code, written consent of the employees and publication of the employer's act are not required.

      The work on weekends and holidays is allowed with the written consent of the employee or at his request on the basis of an act of the employer, with exception of cases provided for in Article 86 of this Code, and employees working on a shift schedule (rotational schedule).

      2. For work on days off and holidays, the employee, at his request, is offered another day of rest or is paid in the amount specified in Article 109 of this Code.

      3. For the purpose of rational use of working time during holidays, as well as on days off, as provided for by paragraph 5 of Article 84 of this Code, the Government of the Republic of Kazakhstan shall have the right to transfer weekends to other working days.

      Refer to: On transfer of rest days in 2017, On transfer of rest days in 2018

      4. It is prohibited to involve pregnant women who have provided the employer with a certificate of pregnancy to work on days off and holidays.

Article 86. Exceptional cases of involvement to work on days off and holidays without the consent of the employee

      Involvement to work on days off and holidays without the consent of the employee is allowed in the following cases for:

      1) prevention of emergency situations, natural disasters or industrial accidents, or immediate elimination of their consequences;

      2) prevention and investigation of accidents related to labour activities, loss of or damage to property;

      3) performance of urgent, unforeseen work in advance, from urgent performance of which further depends on normal work of organization as a whole or its individual units.

Article 87. Types of leaves

      1. The employees are provided with the following types of leave:

      1) paid annual leave;

      2) social leaves.

      2. paid annual leave is intended for the rest of the employee, rehabilitation, health promotion and other personal needs of the employee and is provided for a certain number of calendar days while preserving the place of work (position) and average salary.

      3. The employees are provided with the following types of paid annual leaves:

      1) basic annual payable leave;

      2) additional paid annual leave.

      4. Social leave is understood as release of the employee from work for a certain period in order to create favorable conditions for maternity, child care, education on the job and for other social purposes.

      5. The employees are provided with the following types of social leaves:

      1) leave without pay;

      2) study leave;

      3) pregnancy leave and maternity leave, leave related to adoption of newborn child (children);

      4) leave without pay to care for a child until he reaches the age of three years

      The period of social leave is counted in the length of service, unless otherwise provided by the laws of the Republic of Kazakhstan.

      6. The granting of leave is issued by the act of the employer.

Article 88. Duration of the main paid annual leave

      The main paid annual leave for employees is provided for twenty-four calendar days, unless a larger number of days are provided for by this Code, other regulatory legal acts of the Republic of Kazakhstan, labour and collective agreements and acts of the employer.

Article 89. Additional paid annual leave

      1. Additional paid annual leaves are provided:

      1) for employees engaged in hard work, work with harmful and (or) hazardous working conditions for a period of not less than six calendar days according to the List of production, workshops, professions and positions, the list of hard work, work with harmful and (or) hazardous working conditions.

      Additional annual payable leave are provided to employees whose work in difficult, harmful and (or) hazardous conditions is confirmed by the results of certification of production facilities for working conditions.

      If the employer fails to certify production facilities for working conditions as well as for jobs that are not subject to certification, additional paid annual leave are provided in full according to the list of productions, workshops, professions and positions, the list of hard work, work with harmful and ( or) hazardous working conditions;

      Refer to: Rules for provision of additional paid annual leave

      2) disabled persons of the first and second groups with a duration of at least six calendar days.

      2. For other categories of employees, the provision of additional annual leave and its duration can be established by the laws of the Republic of Kazakhstan.

      3. The employees, collective agreements of employees can establish additional paid annual leave of encouragement for long-term continuous work, the performance of important, complex, urgent work, as well as works of a different nature.

Article 90. Calculation of duration of paid annual leave

      1. The duration of paid annual leave is calculated in calendar days excluding holidays that fall on the days of paid annual leave, regardless of operating modes and shift schedules used.

      2. When calculating total duration of paid annual leave, additional paid annual leave are summed up with main paid annual leave.

Article 91. Calculation of work experience in granting of paid annual leave

      The work experience in granting of paid annual leave includes:

      1) actually worked time;

      2) time when the employee actually did not work, but his place of work (position) and salary were fully or partially retained;

      3) time when the employee actually did not work due to temporary disability, including time spent on maternity and pregnancy leave;

      4) time when the employee actually did not work before reinstatement.

Article 92. Determination of period and procedure for granting paid annual leave

      1. paid annual leave for the employee for the first and subsequent years of work shall, by agreement of the parties, be granted at any time of working year.

      2. The working year is twelve calendar months, calculated from the first day of work of the employee.

      3. By agreement between the employee and the employer, the annual payable leave may be divided into parts. At the same time, one of the parts of paid annual leave must be at least two calendar weeks in length of leave provided for in the employee’s labor agreement.

      Refer to: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated August 29, 2018 to the question dated August 17, 2018 No. 511786 (dialog.egov.kz) “On the concept of “calendar day” on an annual leave”

      4. The annual leave shall be paid no later than three working days before it starts, and in the case of granting leave outside leave schedule, no later than three working days from the date of its granting.

      5. The employees working under labor agreement for spare-time work, paid annual leave are provided simultaneously with the leave for the main work.

      If length of paid annual leave under a spare-time labor agreement is less than length of main work leave, the employer, at the request of the spare-time employee, gives him leave without pay for the days that are different in length of leave.

      6. The granting of leave, transfer or withdrawal from paid annual leave shall be drawn up in an act of the employer.

      Refer to: Letter of the Committee for labour, social protection and migration of the Ministry of Health and Social Development of the Republic of Kazakhstan No. 22-2-22/34664 dated August 31, 2016 "Salary deduction taking into account leave time unspent in the accounting period can be implemented with consent of the employee"

Article 93. Sequence of paid annual leave

      1. The priority of provision of paid annual leave to employees is determined annually in accordance with the leave schedule approved by the employer, taking into account the views of employees, or is determined outside the leave schedule by agreement of the parties.

      2. In the event of a change in the leave schedule due to production needs, the employer is obliged to notify the employee on this no less than two weeks before the start of the work leave.

Article 94. Cases and procedures for transferring paid annual leave

      1. Paid annual leave is transferred in full or in part in the following cases:

      temporary disability of the employee;

      during maternity and pregnancy leave.

      2. The paid annual leave (part of it) in the cases provided for by paragraph 1 of this article shall be transferred, at the request of the employee, to the period of being on paid annual leave. The transferred leave by agreement of the parties may be attached to leave for the next working year or granted at the request of the employee separately in the current working year.

      3. The non-provision of unused paid annual leave or part of it for two consecutive years is prohibited.

Article 95. Recall from annual payable leave

      1. paid annual leave may be interrupted by the employer in case of production need only with the written consent of the employee.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      2. The unused part of paid annual leave in connection with recall by agreement of the parties to labor agreement is granted during the current working year or in the next working year at any time or joins paid annual leave for the next working year.

      3. When the employee is recalled from paid annual leave, instead of providing unused part of leave at another time, a compensation payment is made for the days of unused part of paid annual leave.

      4. It is not allowed to recall from paid annual leave of work of the employee who has not reached the age of eighteen years, pregnant women and employees engaged in hard work, work with harmful and (or) hazardous working conditions.

Article 96. Enforcement of the right for paid annual leave and payment of compensation upon termination of labor agreement

      1. paid annual leave with subsequent termination of labor agreement in connection with expiration of its term can be granted in the case when the time of the leave fully or partially goes beyond period of labor agreement. The day of termination of labor agreement in connection with the expiration of its term is the last day of paid annual leave.

      2. Upon termination of labor agreement, an employee who has not used or used incompletely paid annual leave (annual leaves) is compensated for the unused days of paid annual leave (annual leaves).

Article 97. Leave without pay

      1. By agreement of the parties to labor agreement, on the basis of application of the employee, leave without pay can be granted for him.

      2. The duration of leave without pay is determined by agreement between the employee and the employer.

      3. Based on the employee's notification, the employer is obliged to provide leave without pay for up to five calendar days at:

      1) marriage registration;

      2) birth of the child;

      3) death of close relatives;

      4) in other cases stipulated by labour and collective agreements.

Article 98. Study leave

      1. Employees studying in educational institutions are provided study leave for preparing and passing tests and exams, carrying out laboratory work, preparing and defending a thesis (project), for passing training programs for military-trained reserve.

      2. Payment for study leave is determined by agreements, collective and labor agreements, training contract.

      3. The employer provides employees with training and probation abroad in the framework of the Bolashak international scholarship with study leave while retaining their place of work (position).

Article 99. Pregnancy leave and maternity leave, leave due to adoption of newborn child (children)

      1. Pregnant women, women delivered a child (children), women (men), adopted newborn child (children) shall be provided with following paternity leaves:

      1) maternity leave;

      2) leave for employees, who adopted newborn child (children);

      3) unpaid three years’ parental leave.

      Paragraph 2 as amended by the Law of the Republic of Kazakhstan No. 165-VI dated 02.07.18 (see earlier version)

      2. Pregnant woman, from the date specified in sheet of temporary disability, granting the right on maternity leave, shall execute it by means of submission of sheet of temporary disability, confirming the right on this kind of leave.

      Maternity leave shall be provided for the following period:

      in case of normal delivery - seventy calendar days before delivery and fifty six calendar days after delivery;

      in case of obstructed labour or birth of two and more children - seventy calendar days before delivery and seventy calendar days after delivery;

      to women, living on territories, exposed to nuclear tests, in case of easy delivery - ninety one calendar days before delivery and seventy nine calendar days (in case of obstructed labour or birth of two and more children

      in case of delivery at date from twenty two to twenty nine weeks of gestation and birth of children with body weight five hundred gram and more, living more seven days, - seventy calendar days after delivery;

      in case of delivery at the term from twenty two to twenty nine weeks of gestation and birth of dead fetus or child with body weight five hundred gram and more, died till seven days of life, - fifty six calendar days after delivery;

      to women living on territories exposed to nuclear tests, in case of delivery at date from twenty two to twenty nine weeks of gestation and birth of children with body weight five hundred gram and more, living more seven days, - ninety three calendar days after delivery;

      to women living on territories exposed to nuclear tests, in case of delivery at date from twenty two to twenty nine weeks of gestation and birth of dead fetus or child with body weight five hundred gram and more, died till seven days of life, seventy nine calendar days after delivery.

      If woman applies for temporary disability sheet during pregnancy, leave is calculated in total and shall be provided in full regardless of quantity of days, which were used by women before delivery, and duration of employment.

      If woman applies for temporary disability sheet after delivery, leave after delivery will be provided, duration, stipulated by second part of this paragraph.

      3. Employees who adopted newborn child (children) shall be provided with leave (one of parents) for the period from the date of adoption and until the expiration of fifty six days from the date of child adoption.

      4. The employer shall pay maternity leave, leave for employees, adopted newborn child (children), saving average salary, if this is stipulated by terms of labour and (or) collective agreement, act of the employer, less the amount of social benefits in case of loss of income because of texis, adoption of newborn child (children), made in accordance with the legislation of the Republic of Kazakhstan on compulsory social insurance.

Article 100. Unpaid three years’ parental leave

      1. The employer shall be obliged to provide unpaid three years’ parental leave

      1) at the choice of parents - mother or father of child;

      2) to single parent, bringing up a child;

      3) to other relative, actually bringing up a child without parental care, or to guardian;

      4) to employee, who adopted newborn child (children).

      2. Unpaid three years’ parental leave shall be provided on the basis of written application of the employee, indicating its duration and submission of birth certificate or other document, confirming fact of child birth.

      The employee can use unpaid three years’ parental leave in whole or in part.

      3. Place of work (position) shall be preserved for the employee during unpaid three years’ parental leave.

      4. In case of turn back to work before expiration of unpaid three years’ parental leave the employee shall be obliged to warn the employer on its intention one month before commencement of work.

      Chapter 8. RATE SETTING AND REMUNERATION

Article 101. Labor rating

      1. Work standards (time, output, intensity, servicing, number) constitute the measure of labour inputs and shall be established for employee of the relevant qualification in accordance with attained level of technique, technology, production and work management.

      2. Development, introduction, replacement and revision of work standards shall be performed by the employer in the orderestablished by the authorized state labour body.

      3. Work standards are subject to mandatory replacement with the certification and rationalization of work places, introduction of new technique, technology and technical and organizational measures ensuring increase of labour efficiency.

      Achievement of high level of output (services rendering) by some employees due to application of new working methods and improvement of working places is not a basis for review of earlier established work quotas.

      4. Employees shall be notified on introduction of new work standards by the employer within one month in advance.

      5. At development of work standards the following shall be provided:

      1) quality of work standards, their best approximation to required labour input;

      2) establishment of similar work standards for the same work, performed in similar organizational and technical conditions;

      3) progressiveness of work standards on the basis of scientific and technical achievements;

      4) coverage by labour rating of those kinds of work, for which work standards establishment is possible and reasonable ;

      5) technical (scientific) feasibility of work standards.

      6.Work standards in the organization, on which services (goods, works) state regulation of tariffs (prices, charge rates) are introduced, shall be approved by the employer as agreed with the authorized state bodies of the relevant areas of activity and with the authorized state labour body in established order.

      7. Standard guidelines and labour standards shall be developed and approved by industry associations of employers, single and (or) inter-industry standard guidelines and labour standards for all areas of activity shall be approved by the National chamber of entrepreneurs of the Republic of Kazakhstan as agreed with representatives of employees in order, established by the authorized state labour body.

      8. Qualification requirements to employees and complexity of certain kinds of work shall be established on the basis of professional standards, and if they are absent, on the basis of unified rating and skills guide for jobs and occupations of manual workers, Job Evaluation Catalogue of Posts of Top Managers, Experts and Employees, tariff qualification characteristics of professions of employees and standard qualification characteristics of top managers, specialists and other employees.

Article 102. State guarantees in the remuneration matters

      State guarantees in the area of remuneration include:

      1) minimum amount of monthly wage;

      2) minimum amount of hourly wage;

      3) payment for overtime work;

      4) payment for work on weekends and public holidays;

      5) payment for work at night;

      6) restriction of amount of deduction from wage of the employee;

      7) procedure and terms of salary payment.

Article 103. Amount of salary

      1. Amount of monthly salary of the employee shall be established on a case-by-case basis depending on employee qualification, complexity, quantity and quality of performed work, and also working conditions. Amount of monthly salary shall not be limited by maximum amount.

      Salary shall be paid to the employee for actually worked time, recorded in documents of the employer on accounting of working hours.

      2. Amount of monthly salary of the employee, which worked determined norm of working hours and metWork standardsor performed employment duties, cannot be less than minimum amount of monthly salary, established for the relevant financial by the law of the Republic of Kazakhstan on the republican budget.

Article 104. Establishment of minimum salary amount

      1. Minimum amount of monthly salary, established annually for the relevant financial year by the law of the Republic of Kazakhstan on the republican budget, shall not be less than minimum cost of living and shall not include bonuses, reimbursements and benefits, premiums and other incentive payments and shall be paid in proportion to time worked.

      2. Minimum amount of hourly salary of employee, performed its employment duties, cannot be lower than minimum amount of monthly salary, divided by average monthly number of working hours according to balance of working time for the relevant calendar year.

      3. Minimum amount of monthly salary or amount of monthly tariff rate of first-class employer, stipulated by terms of labour, collective agreements and (or) acts of the employer, cannot be less than minimum amount of monthly salary, established for the relevant financial year by the law of the Republic of Kazakhstan on the republican budget.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

Article 105. Payment for work of employees, engaged in heavy works, harmful and (or) hazardous working environments

      1. Payment for work of employees, engaged in heavy works, harmful and (or) hazardous working environments shall be increased in comparison with payment for work of employees, engaged in normal working conditions by means of establishment of increased official salaries (rates), or additional payments, which amount shall be determined by collective agreement or act of the employer taking into account industry ratios, classifying working conditions by harm and danger degree, determined by industry agreement.

      2. Increased payment for work of employees, engaged in heavy works, harmful and (or) hazardous working environments shall be made according to List of production, workshops, professions and positions, list of heavy works, harmful and (or) hazardous working environments.

      3. Paying conditions, established by this article, shall be provided to employees, which labour on heavy works, harmful and (or) hazardous working environments shall be confirmed by the results of certification of production objects by working conditions.

      In case of the employer's failure to perform certification of production facilities by working conditions and also by work places, payment for work of employees engaged in heavy works, harmful and (or) hazardous working environments shall be made according to List of production, workshops, professions and positions, list of heavy works, harmful and (or) hazardous working environments.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice Minister of Health and Social Development of the Republic of Kazakhstan dated May 27, 2016), Rules for provision of raised wage

Article 106. Hourly wage

      1. Terms of employment agreement and (or) act of the employer can establish hourly remuneration for performed works in case of part time, and also for payment of temporary or single work. Hourly wage shall be established in case of reduced working hours for some categories of employees, stipulated by this Code.

      2. Remuneration in case of record of cumulative hours worked shall be performed for actually worked number of working hours according to shift schedule (rotational schedule). Salary accounting shall be performed according to hour tariff rate, calculated on the basis of tariff rate (official salary) and monthly rate of working time in accordance with balance of working time for the relevant calendar year.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

Article 107. Remuneration system

      1. Salary to employee shall be established by employment agreement in accordance with remuneration systems of the employer.

      2. Remuneration system shall be determined by terms of labour, collective agreements and (or) acts of the employer.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

      3. The employer can introduce incentive systems and other forms of stimulation, determined by terms of collective agreement and (or) acts of the employer for the purpose of increase of interest of employees in improvement of production and quality of performed works.

      4. Remuneration system shall ensure share of base salary of at least 75 percent in salary of employees without lumpsum incentive payments.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

      5. Remuneration conditions determined by agreements, labour, collective agreements and acts of the employer, cannot be worsened in comparison with terms, established by this Code and other regulatory legal acts of the Republic of Kazakhstan.

Article 108. Overtime compensation

      In case of remuneration on the time rate basis, overtime work shall be paid for in increased amount according to terms of labor or collective agreements and (or) act of the employer, but not lower than at a time-and-a-half rate on the basis of daily (hour) rate of employee. In case of piece-work payment for labour, additional payment for overtime work shall be made in the amount not lower than fifty percent from established daily (hour) rate of employee.

      Upon mutual agreement of the parties period of rests on the basis of at least one hour of rest per one hour of overtime work shall be admitted.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

Article 109. Payment for work on weekends and public holidays

      Payment for work on weekends and public holidays shall be made in increased amount according to terms of labour or collective agreement and (or) act of the employer, but not lower than at a time-and-a-half rate on the basis of daily (hour) rate of employee.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

Article 110. Payment for work at night

      Each working hour at night shall be paid for in increased amount according to terms of labour or collective agreement and (or) act of the employer, but not lower than at a time-and-a-half rate on the basis of daily (hour) rate of employee.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

Article 111. Payment for work in case of positions overlapping, enhancement of service area and performance (substitution) obligations of temporarily absent employee

      1. Employees, performing additional work at the same or other position or obligations of temporarily absent employee together with its basic work, stipulated by employment agreement, without relief from its basic work, shall be provided with additional payment.

      2. Additional work, assigned for employees, can be performed by:

      1) positions overlapping - performance of additional work by other vacancy together with basic work, stipulated by employment agreement (job description);

      Subparagraph 2 as amended in accordance with the Law of the Republic of Kazakhstan No. 483-V dated 06.04.16 (refer to earlier version)

      2) enhancement of service area - performance of additional work during established duration of working hours (shift) together with basic work, stipulated by employment agreement (job description);

      3) performance (substitution) of obligations of temporarily absent employee - performance of additional work by the same and by other position together with basic work, stipulated by employment agreement (job description);

      Additional payment for performance (substitution) obligations of temporarily absent employee is not made in case, if substitution of temporarily absent employee is included into official duties of substituting employee.

      3. Amounts of additional payments for positions overlapping, enhancement of service area or performance (substitution) of obligations of temporarily employee shall be established by the employer as agreed with the employee on the basis of performed work.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

Article 112. Idle time compensation

      1. Procedure for execution of idle time and payment conditions of idle time for reasons beyond the control of the employer and employee shall be determined by labour, collective agreements and established in the amount not lower than minimum amount of salary, due to the fault of the employer - in the amount not less than fifty percent from average salary of the employee.

      2. Idle time appeared through the fault of the employee, shall not be compensated.

Article 113. Procedure and terms for payment of salary

      1. Salary shall be established and paid in monetary form in national currency of the Republic of Kazakhstan at least one time per month not later than first decade of the next month. Date of salary payment shall be stipulated by employment agreement. If day of salary payment coincide with weekdays or holidays, payment shall be made on the eve of them.

      2. When paying the salary, the employer shall be obliged to inform each employee in written or in electronic form on components of salary owed to it for the relevant period, amounts and causes of deductions, including information on deducted and transferred obligatory pension contributions ad also on total due monetary amount.

      3. If the employer fails to pay salary in full and within the terms, established by the employment contract, the employer shall bear responsibility in accordance with the laws of the Republic of Kazakhstan. The employer shall pay indebtedness and penalty for delay period of payment to the employee. Amount of penalty shall be calculated on the basis of official refunding rate of the National Bank of the Republic of Kazakhstan as of the day of performance of obligations on payment of salary and calculated for each delayed calendar day starting from the next day, when payments shall be made, and finished on the day of payment.

      Also refer to: Regulatory resolution of the Supreme Court of the Republic of Kazakhstan No. 7 dated November 27, 2015 "On application of legislation on moral damage compensation by courts"

      Formula for calculation of penalty for salary delay - refer to response of the Ministry of Labour and Social Protection of Population of the Republic of Kazakhstan dated August 17, 2010

      4. In case of termination of employment agreement, payment of amounts due to the employee from the employer shall be made within three working days after its termination.

Article 114. Calculation of average salary of employee

      1. Calculation of average salary in case of five-day or six-day working week shall be performed for actually worked time on the basis of average daily (hour) wage for the relevant period taking into account established bonuses and other incentive payments, stipulated by remuneration system.

      2. Accounting period for calculation of average salary lasts twelve calendar months preceding event with which corresponding payment shall be related in accordance with this Code. Average salary for employees, who have worked less than twelve calendar months, shall be determined for actually worked time.

      Other periods for calculation of average salary can be stipulated in collective agreement if this does not worsen position of the employees.

      3. In all cases of determination of average salary, stipulated by this Code, authorized state labour body shall establish single procedure for its calculation.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 115. Deductions from salary

      1. Deductions from salary of the employee shall be made upon decision of the court, and also in cases, stipulated by the laws of the Republic of Kazakhstan and this article of the Code.

      2. Deductions from salary of the employee for debt recovery owed to the organization, in which it works, can be made on the basis of act of the employer with written notification of the employee:

      1) for compensation of unused and untimely returned monetary amounts, issued due to business trip, and also in case of failure to submit documents, related to business trip and confirming expenses;

      2) in cases, stipulating compensation of expenses, related to training of the employee, to the employer, if there is training contract, in proportion to unfinished work repayment period in case of early termination of employment agreement;

      3) for compensation of unearned advance, issued to the employee toward salary;

      4) in case of transfer or recall of the employee from annual paid leave, except paragraph 3 of article 95of this Code;

      5) in other cases, if there is written agreement of the employee.

      Refer to: Letter of the Committee for labour, social protection and migration of the Ministry of Health and Social Development of the Republic of Kazakhstan No. 22-2-22/34664 dated August 31, 2016 "Salary deduction taking into account leave time unspent in the accounting period can be implemented with consent of the employee"

      3. In case of deduction from salary based on several enforcement orders and also in cases, stipulated by the laws of the Republic of Kazakhstan and this article of the Code the amount of monthly deduction may not be more than fifty percent of due salary.

Chapter 9. SKILLING, UPSKILLING AND RESKILLING

Article 116. Definitions used in this chapter

      Definitions used in this chapter are as follows:

      1) advanced training is form of vocational training, allowing maintenance, extension, deepening and improvement of earlier acquired professional knowledge, skills and abilities;

      2. Subparagraph 2 set out in new version of the law of the Republic of Kazakhstan No. 172-VI dated 04.07.18 (refer to earlier version)

      2) dual education is form of staff training, combining training in educational organization with mandatory periods of industrial training and professional practice at enterprise (in the organization) with provision of working places and compensation payment to students with equal responsibility of the enterprise (organization), educational institution and student;

      Subparagraph 3 set out in new version of the law of the Republic of Kazakhstan No. 172-VI dated 04.07.18 (refer to earlier version)

      3) dual training agreement is written agreement between student, enterprise (organization), providing work placefor on-the-job training and professional practice, and educational institution, regulating terms and procedure for on-the-job training and professional practice;

      4) vocational training is form of professional training aimed at personal development for acquisition of new or modified professional skills, necessary for performance of certain type of work;

      5) retraining is form of vocational training allowing mastering of another profession or specialty;

      6) training agreement is written agreement between employer and student on terms of vocational training, retraining and advanced training.

      As amended by subparagraph 6-1 in accordance with the Law of the Republic of Kazakhstan No. 172-VI dated 04.07.18

      6-1) industrial training is training aimed at acquisition of theoretical knowledge, practical skills by students, on the basis of educational organizations and (or) enterprises (organizations);

      Article as amended by subparagraph 7 in accordance with the Law of the Republic of Kazakhstan No. 172-VI dated 04.07.18 (shall be enforced since January 1, 2021)

      Article as amended by subparagraph 8 in accordance with the Law of the Republic of Kazakhstan No. 172-VI dated 04.07.18

      8) mentor is qualified employee of the enterprise (organization), which knows production technologies or service sector, performs management of industrial training and professional practice.

Article 117. Professional standards and qualification system

      1. National qualifications framework consists of description of each qualification level of general characteristics of professional activity.

      Sectoral qualifications framework classifies requirements to qualification of specialists by levels depending on complexity of performed work and nature of used knowledge, skills and competencies.

      Professional standard is a standard, determining requirements to level of qualification and competence, to content, quality and working conditions in certain area of professional activity.

      2. Development, introduction, replacement and revision of professional standards are implemented by association of employers on the basis of sectoral qualifications framework and shall be approved by the National Chamber of Entrepreneurs of the Republic of Kazakhstan in order, established by the authorized state labour body.

      Article as amended by subparagraph 2-1 in accordance with the Law of the Republic of Kazakhstan No. 483-V dated 06.04.16

      2-1. Development, approval, replacement and revision of professional standards for services rendered by state legal entities shall be implemented by state bodies of the relevant areas of activity as agreed with the authorized state labour body.

      Paragraph 3 as amended in accordance with the Law of the Republic of Kazakhstan No. 171-VI dated 04.07.18 (refer to earlier version)

      3. Development and revision of the national qualifications framework shall be performed by the authorized state labour body together with the authorized body in the area of education shall be approved by the republican tripartite commission on social partnership and regulation of social and labor relations.

      4. Development and revision of sectoral qualifications framework shall be performed by the authorized state bodies and associations employers of the relevant areas of activity and shall be approved by sectoral commissions on social partnership and regulation of social and labor relations.

      Article as amended by paragraphs 5 and 6 in accordance with the Law of the Republic of Kazakhstan No. 171-VI dated 04.07.18 (shall be enforced since January 1, 2021)

Article 118. Skilling, upskilling and reskilling

      1. Necessity and scope of training, retraining and advanced training shall be determined by the employer for operation and development of the organization.

      Refer to: Order of the Minister of Health and Social Development of the Republic of Kazakhstan No. 1045 dated December 28, 2015 "On approval of general requirements to professional training, retraining and advanced training of personnel in the organization"

      Article as amended by paragraph 1-1 in accordance with the Law of the Republic of Kazakhstan No. 171-VI dated 04.07.18

      1-1. Educational programs of technical and vocational, post-secondary, higher and postgraduate education, retraining and advanced training shall be focused on learning outcomes and take into account the requirements, if there are the relevant professional standards for implementation of comprehensive system of compliance and awarding qualifications confirmation.

      2. The employers shall conduct professional training, retraining and advanced training of employees or other persons not being in employment relations with them (student):

      1) directly in the organization (of employer);

      2) in educational institutions implementing educational programs of technical and vocational, post-secondary, higher and postgraduate education;

      3) in other organizations, conducting vocational training, retraining and advanced training of personnel.

      3. Vocational training, retraining and advanced training of students under appointment of the employer shall be performed at the expense of the employer or other funds, not prohibited by the legislation of the Republic of Kazakhstan, in accordance with training contract.

      4. Training contract shall include:

      Subparagraph 1 as amended in accordance with the Law of the Republic of Kazakhstan No. 172-VI dated 04.07.18 (refer to earlier version)

      1) reference to certain specialty, qualification, acquired by student, and (or) name of qualification course;

      2) rights and obligations of the employer and student;

      3) duration of course and work repayment period of the employer after completion of training;

      4) procedure and cases of compensation of expenses, related to training, to the employer in proportion to unfinished work repayment period;

      5) guarantees and compensation payments, related to training;

      6) parties responsibility.

      Training contract may include other conditions, determined as agreed by the parties.

      5. Employees involved in vocational training, retraining and advanced training, may be exempt from work or perform part-time work as agreed with the employer.

      6. Allowances and compensation payments related to training can be stipulated in the contract, collective and (or) employment agreements.

      7. The employer assists to educational institutions, implementing educational programs of technical and vocational education in training, retraining and advanced training of personnel.

      Paragraph 8 as amended by the Law of the Republic of Kazakhstan No. 172-VI dated 04.07.18 (refer to earlier version)

      8. Employees shall provide places for professional practice and also for industrial training, create safe conditions and perform obligations, stipulated by the agreements, in accordance with the legislation of the Republic of Kazakhstan on education.

      Article 119 as amended in accordance with the Law of the Republic of Kazakhstan No. 171-VI dated 04.07.18 (refer to earlier version); Law of the Republic of Kazakhstan No. 172-VI dated 04.07.18 (refer to earlier version)

Article 119. Dual training

      Dual training shall be implemented in accordance with dual training contract, concluded on the basis of form of standard dual training contract, approved by the authorized body in the area of education.

      Work order rules apply to the student during industrial training and professional practice.

      During industrial training and professional practice, the student shall perform certain functional duties, which shall be included in working experience of the student, and compensation payment can be done during this period.

      Occupational health and safety requirements cover persons, who passed industrial training and professional practice.

      The enterprise (organization) appoints mentor for the student on the basis of dual training contract for management with industrial training and professional practice.

Chapter 10. FINANCIAL RESPONSIBILITY OF EMPLOYMENT AGREEMENT PARTIES

Article 120. Obligation of the employment agreement party on compensation of the damage (harm) inflicted

      1. Financial responsibility of employment agreement party for the damage (harm) caused by it to other party of the employment agreement, occurs for damage (injury) caused in the result of culpable wrongdoing (action or inaction) and causal link between culpable wrongdoing and caused damage (harm), unless otherwise stipulated by this Code and other laws of the Republic of Kazakhstan.

      2. Party of the employment agreement, caused damage (harm) to the other party, shall compensate it in accordance with this Code and other laws of the Republic of Kazakhstan.

      3. Financial responsibility of the employer and the employee can be specified in labour, collective agreements.

      4. Termination of employment agreement after damaging (harm) does not lead to exemption of party of employment agreement from financial responsibility for compensation of caused damage (harm) to other party.

Article 121. Financial responsibility of the employer for damage, caused to the employee by means of illegal dismissal

      1. The employer shall be obliged to compensate the employee for unpaid salary and other payments due to it in case of illegal transfer to another job, non-admission of the employee to working place, unilateral change of terms of employment agreement, dismissal from work, termination of employment agreement.

      2. Labour and collective agreements can establish additional cases of compensation by the employer for damage caused by illegal dismissal.

Article 122. Financial responsibility of the employer for damage, caused to life and (or) health of employer

      1. In case of harm to life and (or) health of the employee during performance of its job duties, the employer shall be obliged to compensate for the damage in the amount and in order, stipulated by the legislation of the Republic of Kazakhstan.

      2. Damage, stipulated by paragraph 1 of this article, shall be compensated in full if the employee has no insurance payments, except cases, stipulated in paragraph 3 of this article. If there are insurance payments, the employer shall be obliged to compensate the difference between insurance amount and actual amount of harm to the employee.

      Refer to amendments in paragraph 3 of the Law of the Republic of Kazakhstan No. 80-VI dated 30.06.17 (shall be enforced since January 1, 2020)

      2. If the harm is inflicted to the employee due to establishment of loss of occupational capacity degree from five to twenty nine percent inclusive, the employer shall be obliged to compensate lost earnings and expenses, caused by health damage, to the employee.

      Amount of expenses, caused by health damage, compensated by the employer during establishment of the degree of loss of the capacity for work shall not exceed two hundred and fifty monthly calculated indexes, established for the corresponding financial year by the law on the republican budget at the time of payment.

      Payment on compensation of expenses, caused by damage to health, shall be made on the basis of documents, confirming these expenses, submitted by the employee or the person, incurred these expenses. At that the expenses included into statutory free medical assistance in accordance with the legislation of the Republic of Kazakhstan in healthcare, shall not be compensated.

      Also refer to: Regulatory resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated July 9, 1999 "On some issues of application of legislation of the Republic on compensation of damage, caused to health, by the courts"

Article 123 Financial responsibility of the employee for damaging of the employer

      1. Financial responsibility of employee for damage, caused to employer, occurs in cases, stipulated by this Code, other regulatory legal acts of the Republic of Kazakhstan and acts of the employer.

      2. Responsibility of the employee for damage, caused to the employer, shall be excluded if damage occurred in the result of force majeure or extreme necessity, necessary defense, and employer's failure to fulfill obligation on provision of proper conditions for preservation of property, transferred to the employee.

      3. The employee shall be obliged to compensate direct actual damage inflicted to the employer.

      4. Direct actual damage is meant as real decrease of available assets of the employer or deterioration of state of specified property (including property of third parties owned by the employer, if the employer is responsible for preservation of this property), and also necessity for the employer to make expenses or excessive payments for property acquisition or restoration.

      5. Assignment of responsibility on the employee for such damage, which can be related to category of standard operating risk, is not admissible.

      6. The employer shall be obliged to create conditions required for normal operation and preservation of property entrusted to employees.

      7. List of positions and works, employed or performed by employees, with which agreement on complete individual or collective (joint and several) financial responsibility for failure to provide safeguard of assets and other values, transferred to employees, and also standard agreement on complete financial responsibility may be concluded, shall be approved by act of the employer.

      8. Financial responsibility shall be imposed on the employer in full amount of the damage, caused to the employer, in following cases:

      1) failure to deliver safeguard of assets and other values, transferred to employee on the basis of written agreement on assumption of full financial responsibility;

      2) failure to ensure safeguard of assets and other values, received by the employee on condition of accountability by single document;

      3) damaging in state of alcoholic, narcotic or inhalant intoxication (their analogues).

      4) deficiency, intentional destruction or malicious damage of materials, semi-finished products, products (goods), including during their manufacturing, and also tools, measuring devices, special cloths and other items, issued by the employer to the employee for use;

      5) violation of non-compete clause, which led to damaging of the employer;

      6) in other cases stated in labour and collective agreements.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Chapter 11. GUARANTEES AND COMPENSATION PAYMENTS

Article 124. Guarantees in state or public duties performing by employees

      1. The employer shall exempt employees from performance of employment duties during their engagement to state or public duties in cases stipulated by the laws of the Republic of Kazakhstan, retaining their place of work (position).

      2. Salary for fulfillment of state and public duties shall be paid to the employee at place of fulfillment of specified duties, but not lower than average salary at place of work.

      3. Persons, having discharged the military service, within two months after it, have preferential rights in case of employment in organization, where they worked before calling up for the compulsory military service .

Article 125. Guarantees for employees sent to medical examination

      Place of work (position) and average salary shall be retained for employees during periodical medical examinations, performed at the expense of the employer, for employees, which are obliged to pass them in accordance with this Code or collective agreement.

Article 126. Guarantees for employees being donors

      Place of work (position) and average salary shall be retained for employee, which is donor, during examination and donation of blood and its components, and other guarantees shall be provided in accordance with the legislation of the Republic of Kazakhstan in the area of healthcare.

Article 127. Guarantees and compensation payments for employees, sent to business trips

      1. Place of work (position) and salary for working days, falling on days of business trip, shall be retained for employee during business trip.

      2. Employees sent to business trips are paid to with the following:

      1) daily allowances for calendar days in business trip, including time in travel;

      2) expenses for transportation to destination and back;

      3) expenses on rent of residential accommodation.

      3. Terms and conditions of business trip of employees shall be determined in labour, collective agreements or act of the employer.

      4. Sending to business trips of the under-eighteen employees, pregnant women and also disabled employees to business trips shall be allowed if such work is not prohibited based on medical necessity. And such employees shall be entitled to refuse from business trip.

      5. Employees, who have children under the three year age, employees, looking after ill family members or bringing up disabled children can refuse from business trip, if disabled children or ill family members need constant care on the basis of medical report.

      Article as amended by paragraph 6 in accordance with the Law of the Republic of Kazakhstan No. 112-VI dated 30.11.17

      6. Compensation of expenses for business trips at the expense of budget funds, including to foreign states, shall be performed in order, determined by the Government of the Republic of Kazakhstan.

      Procedure for compensation of expenses for business trips at the expense of budget funds, including to foreign states, shall be developed by the central authorized budget planning authority.

      The law is amended by adding articles 127-1 and 127-2 in accordance with the Law of the Republic of Kazakhstan No. 483-V dated 06.04.16

Article 127-1. Guarantees for employees, performing labor activity in ecological disaster zones and zones of radiation risk

      Guarantees for employees, performing labour activity in ecological disaster zones and zones of radiation risk shall be established by the laws of the Republic of Kazakhstan.

Article 127-2. Guarantees for employees, officers, which took part in peacekeeping operation

      Guarantees for employees, officers, which took part in peacekeeping operation, shall be established by the laws of the Republic of Kazakhstan.

Article 128. Compensation payments in case of employee transfer to another region together with the employer

      1. If the employee is transferred to job to other region together with the employer, the employer shall be obliged to compensate following expenses to the employee:

      1) moving the employee and members of his/her family;

      2) shipment of effects of the employee and members of its family.

      2. Procedure and amounts of compensation payments, stipulated by paragraph 1 of this article, shall be determined by labour, collective agreements or act of the employer.

Article 129. Compensation payments related to use of personal property by the eployee for the benefit of the employer

      Compensation payment for use, wear and tear (depreciation) of tool, personal transport, other technical facilities and expenses for their operation shall be paid as agreed by the parties when employee uses personal property in favour of the employer and in case of its agreement.

Article 130. Compensation payments to employees in cases, when their work is performed while travelling or of an itinerant nature, or related to business trips within serviced areas

      1. Employees, when their work is performed while travelling or of an itinerant nature, or related to business trips within serviced areas, can get compensation payments for each day of staying outside permanent place of residence in order, established by the agreement, collective, labor agreements and (or) act of the employer.

      2. Employees of railway, river, sea, road transport, civil aviation, highways, main pipelines, backbone structures and structures on them, radio links and structures on them, overhead transmission lines and structures on them, communication objects, and also employees, maintaining areas of the State border of the Republic of Kazakhstan are related to employees, which permanent job is performed while travelling or of an itinerant nature, or related to business trips within serviced areas.

      3. If employees are travelling during not all working days of the month, payment shall be made in proportion to actual number of days of trips to work place(performance of work) and back.

Article 131. Compensation payments due to loss of work

      1. The employer shall make compensation payments due to loss of work in the amount of the average salary per month in following cases:

      1) in case of termination of employment agreement on initiative of the employer in case of liquidation of the employer - legal entity or termination of activity of the employer - individual;

      2) in case of termination of employment agreement on initiative of the employer in case of reduction in the number of employees or staff size;

      3) in case of termination of employment agreement on initiative of the employee in case of non-fulfillment of terms of employment agreement by the employer.

      2. The employer shall make compensation payments due to loss of work in case of termination of employment agreement, initiated by the employer in case of decline of production, performed work and rendered services, which led to deterioration of economic state of the employer, in the amount of average salary per two months.

      3. Higher amount of compensation payment due to loss of work can be stipulated in labour, collective agreements or act of employer.

Article 132 Procedure and terms of payment of field allowances

      1. Field allowances shall be paid to employees of geological exploration, topographic and geodesic, survey organizations during performance of work in field conditions:

      1) outside permanent place of residence without daily return to permanent place of residence;

      2) outside permanent place of residence but with daily return to place of field organization, which is not permanent place of residence;

      3) outside permanent place of residence by means of work organization on a rotational basis.

      2. Procedure, terms of payment and amount of field allowances, accounting of working hours in field conditions shall be established in agreements, collective, labor agreements and shall be approved by employer's act.

Article 133. Payment of social allowance on temporary disability to employees at the expense of the employer

      1. The employer shall be obliged to pay social allowance on temporary disability to employees at his its expense.

      Paragraph 2 as amended by the Law of the Republic of Kazakhstan No. 165-VI dated 02.07.18 (see earlier version)

      2. Cause for payment of social allowance on temporary disability are sheets of temporary disability, issued in order , determined by the authorized body in the area of health care.

      3. Social allowance on temporary disability are paid to employees from the first day of disability until till rehabilitation or till disability confirmation in accordance with legislation of the Republic of Kazakhstan.

      4. Social allowance on temporary disability shall be paid:

      1) to employee which temporary disability has occurred in the result of industrial injuries, occurred during criminal offense, if guilt was established as final and binding by the court verdict;

      2) for the period of forced treatment of the employee on decision of the court (besides mentally disabled);

      3) when the employee is arrested or during forensic medical examination in case of establishment of its guilt as final and binding by the court verdict or resolution;

      4) in case of temporary disability of the employer due to diseases or industrial injuries, occurred in the result of consumption of alcohol, narcotic and toxicologic agents;

      5) for days of temporary disability, occurred during paid annual leave.

      5. Amounts of social allowance on temporary disability shall be determined by the Government of the Republic of Kazakhstan, procedure for assignment and payment - by the authorized public labour body.

      Employers shall be entitled to establish additional payments to employees to amount of social allowance on temporary disability, established by the legislation of the Republic of Kazakhstan.

Chapter 12. REGULATORY CONSIDERATION FOR LABOUR OF SPECIFIC CATEGORIES OF EMPLOYEES

Article 134. Seasonal works

      1. Seasonal works are works, which are performed during certain period (season), but not more than one year due to climatic or other environmental conditions.

      2. Employment contract shall include condition on conclusion of the agreement for performance of seasonal works and certain period of their performance.

      3. In case of conclusion of employment agreement for seasonal works, probationary period for the purpose of verification of compliance of the employee to the work, shall not be established.

      4. Employment agreement with employees, engaged in seasonal works, can be terminated upon initiative of the employer in following cases, besides causes, stipulated by article 52 of this Code:

      1) suspension of work of the employer for a period more than two weeks on production reasons;

      2) if the employer did not appear at work during one month due to temporary disability;

      5. Employee, engaged in seasonal works, shall be entitled to terminate employment agreement upon its own initiative, having notified the employer in writing within seven calendar days.

      6. The employer shall be obliged to notify seasonal employer about termination of employment agreement on causes, stipulated in subparagraphs 1) and 2) of paragraph 1 of article 52 of this Code, within seven calendar days.

      7. In case of termination of employment agreement with employee, engaged in seasonal works, employer shall make compensation payment for unutilised vacation in proportion to time worked.

      8. In case of termination of employment agreement with employee, engaged in seasonal works, on causes, stipulated in subparagraphs 1) and 2) of paragraph 1 of Article 52 of this Code, compensation shall be paid in the amount of two week average salary.

Article 135. Rotational work

      1. Rotational method is particular way of organizing the labour process outside place of permanent residence of employees, when their daily return to permanent place of residence cannot be ensured.

      2. The employer shall be obliged to provide employers, which work on rotational basis during their location at work site with accommodation and organize their nutrition for life activity, delivery to place of work and back, and conditions for work performance and inter-shift break.

      The employer shall provide conditions for employees location at work site, and procedure for application of rotational method in accordance with labor, collective agreements and/or provision on rotational method of work, approved by the employer.

      3. Employees, which did not attain eighteen years old, pregnant women with pregnancy period twelve or more weeks, and disabled people of first group are not allowed to works on rotational basis from the day of submission of medical report. Other employees can be engaged in works, performed on rotational basis, if such works are not contraindicated for them on the basis of medical reports.

      4. Shift is period, including time during which work is performed at the site and periods of rest between shifts. Duration of rotation shift shall not exceed fifteen calendar days.

      Duration of rotation shift can be extended to thirty calendar days in accordance with collective labor agreements with the written consent of the employee.

      For members of crew of marine crafts duration of rotation shift can be extended to one hundred and twenty calendar days with the consent of the employee.

      5. In case of rotational method of work summarized accounting of working time for a quarter or other longer period, but not more than one breaking-in period, shall be established.

      6. Working and leisure time within the accounting period shall be approved by rotation work schedule (rotational schedule). Accounting period covers working time, leisure time, travel time from location of the employer or from collection point to place of work and back, and other periods, falling on given calendar period of time. Total working time for the accounting period shall not exceed norm, established by this Code. Employer shall be obliged to maintain records of the working time and leisure time of each employee, working on rotational basis.

      Travel time from location of the employer or from collection point to place of work and back shall be not included into working hours.

      If shift length is more than eight hours, break for leisure and meal shall be at least one hour.

      7. Payment for work of employees, which work on rotational basis at night, on weekends and holidays, shall be paid no later than the date of payment of salary for worked month, stipulated by labor, collective agreements.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

Article 136 Household employees

      1. Household employees are employees, performing work (rendering services) for employers - individuals in household, which is maintained by one or more family members, if works (services) are performed (rendered) not for the purpose of income generation by the employer and (or) for the employer.

      2. Issue of employment act or act on termination of employment relations with household employee and entry of information about its work in occupational record shall not be made by the employer.

      3. Terms of written warning on expiration (termination) of employment agreement with household employee, and also cases and amounts of compensation payments due to loss of work shall be established by employment agreement.

      4. Individual employment disputes between household employees and the employer shall be resolved by agreement of the parties and (or) in the court.

Article 137. Home workers

      1. Home workers are persons, which concluded employment agreement with employer for performance of work at home, using personal labor with materials and equipment, tools and appliances, either allocated by the employer or purchased at the expense of the employer.

      2. Performance of work at home can be established during conclusion of employment agreement and during validity of employment agreement, making appropriate amendments to the employment agreement.

      3. Employment agreement on performance of work at home shall include provisions on:

      1) performance of work, using equipment, materials, tools and appliances, owned by the employee or allocated by the employer or acquired at the expense of the employer;

      2) procedure and terms of employee provision with raw materials, materials, semi-finished products, which are necessary for work performance;

      3) compensation and other payments to employee.

Article 138. Remote work

      1. Remote work is special form of labor process outside location of the employer using information and communication technologies during the work.

      2. The employer shall provide the employee with means of communication (communication tools) and bear costs on their installation and maintenance. If the employee uses own means of communication, the employer shall pay a compensation, which amount and payment procedure shall be established as agreed by the parties.

      Other expenses, related to performance of work for the employer (cost of energy, water and other costs), can be compensated to the remote employee as agreed by the parties.

      3. Fixed record of hours worked, characteristics of which control shall be determined in labor agreement for employees, engaged in remote work.

Article 139. Civil service

      1. Receipt on civil service shall be performed in order of appointment or on a competitive basis.

      2. Competition shall be organized and performed by state institution, public enterprise with vacancy.

      3. Acceptance at civil service shall be performed by means of conclusion of employment agreement and publication of employer's act.

      4. Person, which earlier committed corruption-related crime, cannot be accepted at civil service on position, related to performance of managerial functions.

      5. Development and approval of post register of civil employees shall be performed by the authorized public bodies of the relevant areas of activity as agreed upon with the authorized public labour body.

      6. Civil employee shall not be entitled to:

      1) use material and technical, financial and information support, other state property and proprietary information for non-service purposes;

      2) participate in activities, preventing normal operation of civil service and performance of official duties;

      3) use job position for purposes, not related to civil service;

      4) disclose information, which became known during the civil service, which is state secrets, official and other legally protected secret.

      7. Procedure and conditions of certification of civil employees shall be determined by the authorized state body of the relevant area of activity.

      8. Civil employee, upon its written request, can be transferred to work to another public institution, public enterprise as agreed between chiefs of the relevant organizations.

      Refer to amendments of paragraph 9 - Law of the Republic of Kazakhstan No. 73-VI dated 15.06.17 (shall be enforced since January 1, 2019)

      9. Remuneration of government-sponsored civil employees shall be determined by the Government of the Republic of Kazakhstan.

      Professionals in the area of health care, social welfare, education, culture, sports and veterinary, who are civil employees and work in rural areas, have increased, at least on twenty five percent, official salaries and tariff rates in comparison with salaries and tariff rates of civil employees, engaged in these kinds of activities in urban areas, in accordance with the decision of local representative bodies at the expense of budget funds unless otherwise provided by the laws of the Republic of Kazakhstan.

      List of positions of specialists in the area of health care, social welfare, education, culture, sport and veterinary, who are civil employees and work in rural area, shall be determined by the local executive body as agreed with the local representative body.

      10. Government-sponsored employees can shall be provided with basic paid annual leave, at least thirty calendar days with payment of allowance for rehabilitation in the amount of official salary.

      Allowance for rehabilitation of civil employees shall be paid one time per breaking-in period in case of provision of paid annual leave.

Article 140. Regulatory consideration of labour of chief executive officer and other members of corporate board

      1. Conclusion of employment agreement, procedure and terms of labour remuneration, bringing to disciplinary responsibility, dismissal from work of chief executive officer shall be implemented in accordance with this Code, other regulatory legal acts of the Republic of Kazakhstan, documents, approved by the founders, owner of property of legal entity or by authorized founders, owner (body) or authorized body of legal entity, provisions on separate structural subdivisions of legal entity and employment agreement.

      2. If sole founder (participant, shareholder) is the sole executive body of legal entity, then employment agreement shall not be concluded. Employment relations shall be executed by employer's act of employment, which shall contain labor function, period of employment, date of work commencement, place of work, and also amount and other conditions of remuneration.

      If structure of founders (participants, shareholders) is changed, employment agreement shall be concluded with chief executive officer or employment relations with it shall be terminated on the basis of decision of the founders, owner of property of legal entity or authorized by the founders, owner of person (body) or authorized body of legal entity.

      3. In case of appointment (election, approval position) of chief executive officer for new period, the relevant employment agreement shall be amended.

      4. Act of employer on employment and termination of employment agreement shall be signed by person, authorized by the decision of founders, owner of property of legal entity or authorized by founders, owner of the person (body) or authorized body of legal entity or documents, approved by them.

      5. Disciplinary action against chief and other members of corporate board of legal entity shall be imposed immediately after detection of disciplinary offense, but no later than two months from the date of its detection.

      Procedure for application of disciplinary actions to chief executive officer of legal entity shall be established by act of employer, approved by the decision of founders, owner of property of legal entity or authorized by founders, owner of person (body) or authorized body of legal entity, taking into account features of legislation of the Republic of Kazakhstan and constituent documents of legal entity.

      6. Regulatory considerations of labor of chief executive officer of legal entity, stipulated by this Code, cover sole executive body of legal entity, and also other members of corporate board.

Article 141. Regulation of labour of employees, related to aviation personnel of civil aviation

      Work of employees, related to aviation personnel of civil and experimental aviation directly related to flight safety shall be regulated by this Code with features, stipulated by the Law of the Republic of Kazakhstan "On use of airspace of the Republic of Kazakhstan and aviation activity" and other regulatory legal acts of the Republic of Kazakhstan, establishing special norms of working hours and rest periods, taking into account international standards and regulations in the area of civil aviation.

Article 142. Regulation of labour of employees, related to crew of marine crafts (onboard personnel)

      Work of employees, related to crew members of marine crafts (onboard personnel), shall be governed by this Code with features, stipulated by the Law of the Republic of Kazakhstan "On merchant shipping" and other regulatory acts of the Republic of Kazakhstan, establishing features of labor regulation, remuneration, working and leisure time of members crews of marine crafts (onboard personnel).

Article 143. Regulation of labour of public officers, deputies of the Parliament and maslikhats, judges of the Republic of Kazakhstan

      Work of public officers, deputies of the Parliament and maslikhats, judges of the Republic of Kazakhstan shall be regulated by this Code with features, stipulated by the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, establishing special conditions and procedure for entry on duty, service career and termination, special working conditions, payment conditions, and additional allowances, benefits and restrictions.

Article 144. Regulation of labor of persons, engaged in military service, employees of special state, law enforcement agencies and national courier service

      Work of persons on military service, employees of special state, law enforcement agencies and national courier service shall be regulated by this Code with features, stipulated by special laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, establishing special conditions and procedure for entry on duty, service career and termination, special working conditions, conditions of remuneration, and additional allowances, advantages and restrictions.

Article 145. Regulation of labour of employees of the National Bank of the Republic of Kazakhstan and its authorities

      Work of employees of the National Bank of the Republic of Kazakhstan and its departments shall be regulated by this Code with features, stipulated by the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan" and other regulatory legal acts of the Republic of Kazakhstan and acts of the National Bank of the Republic of Kazakhstan, establishing special conditions for appointment and termination of employment agreement , special working conditions, system and conditions of remuneration, and also advantages and restrictions.

Article 146. Regulation of work of employees, included into trade union bodies of labour union

      Work of employees, which are members of trade union bodies of labour union, shall be governed by this Code with features, stipulated by the Law of the Republic of Kazakhstan "On Trade Unions".

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

SECTION 3. SOCIAL PARTNERSHIP AND COLLECTIVE RELATIONS IN THE AREA OF LABOUR Chapter 13. SOCIAL PARTNERSHIP IN THE AREA OF LABOUR

Article 147. Bodies, principles and tasks of social partnership

      1. Parties of social partnership are state, represented by the relevant executive bodies, employees and employers, represented by their representatives, authorized in the established order.

      2. Social partnership shall be provided in form of interaction of the parties by means of social partnership bodies:

      1) at the republican level - by the republican tripartite commission on social partnership and regulation of social and labor relations (hereinafter - republican commission);

      2) at sectoral level - by sectoral commissions on social partnership and regulation of social and labor relations (hereinafter - sectoral commission);

      3) at the regional (oblast, city, district) level - oblast, city, district commissions on social partnership and regulation of social and labor relations (hereinafter - the regional commission);

      4) at level of organizations in form of collective agreements, establishing certain mutual obligations in the area of labor between representatives of employees and employer on the basis of the legislation of the Republic of Kazakhstan.

      3. Permanent republican, sectoral, regional commissions shall be formed on the basis of following principles:

      1) obligatory participation of representatives of executive authorities, representatives of employers and employees in activity of commissions;

      2) authority of the parties;

      3) balanced representation;

      4) equality of participants;

      5) mutual responsibility of parties;

      4. Personal composition of commission participants shall be formed by each party of social partnership independently.

      5. Social partnership in the Republic of Kazakhstan is focused on solution of following tasks:

      1) creation of effective mechanisms of regulation of social, labour and related economic relations;

      2) assistance in promotion of social stability and social harmony on the basis of objective consideration of interests of all sections of society;

      3) assistance in assurance of employees rights in the area of labour, their social protection;

      4) assistance in consultations and negotiations between parties of social partnership at all levels;

      5) assistance in settlement of collective labour disputes;

      6) development of proposals on implementation of state policy in the area of social and labour relations.

Article 148. Organization of social partnership

      1. Republican, sectoral and regional commissions are permanent bodies concerning assurance of alignment of interests of the parties of social partnership by means of consultations and negotiations, which shall be executed by the relevant decisions binding on the parties.

      2. Organization of social partnership shall be entrusted:

      1) at the republican level - on the authorized state body on labour;

      2) at sectoral level - on the authorized state bodies of the relevant areas of activity;

      3) at regional level - on local executive bodies of the relevant administrative division.

      List of industries shall be established by the republican commission for the purposes of this Code.

      3. Members of commissions are:

      1) at republican level - authorized representatives of the Government of the Republic of Kazakhstan, republican associations of employees and republican associations of employers;

      2) at sectoral level - authorized representatives of authorized state bodies of the relevant areas of activity, representatives of employers and employees;

      3) at regional level - authorized representatives of local executive bodies, representatives of employers and employees.

      4. Authorized representatives of employees are:

      1) at republican level - republican association of trade unions;

      2) at sectoral level - sectoral labour unions;

      3) at regional level - territorial associations of trade unions.

      5. Authorized representatives of employers are:

      1) at republican level - representatives of the National Chamber of Entrepreneurs of the Republic of Kazakhstan, republican union (association) of private enterprise subjects, republican association of small business, republican sectoral associations of private enterprise subjects.

      Mentioned unions (associations) shall be presented on a prorata basis depending on number of included republican public associations;

      2) at sectoral level - representatives of the National Chamber of Entrepreneurs of the Republic of Kazakhstan and (or) trade associations;

      3) at regional level - representatives of regional chambers;

      at oblast level - oblast associations of private enterprise subjects, oblast association on small business;

      at municipal, district levels - municipal, district associations on small business.

Article 149. Right to negotiation on agreements preparation

      1. Initiator of negotiations on development, content, conclusion, amendments, addition of the agreement can be any of the parties of the social partnership.

      2. If there are several representatives, authorized by the employees and employers at the republican, sectoral, regional levels, each of them shall be granted the right on bargaining on the basis of pro-rata representation depending on number of employees and employers.

Article 150. Procedure of bargaining, development and conclusion of agreements

      1. Parties which received written proposals on start of bargaining from the other party shall be obliged to consider them within ten calendar days and proceed to negotiations.

      If there are disagreements between the parties on certain provisions of the agreements, the parties shall sign the agreement on agreed terms with simultaneous execution of disagreements protocol within three months from the date of negotiations.

      If the parties failed to reach an agreement, protocol shall be executed, where final proposals of the parties on elimination of disagreements and terms of negotiations resumption shall be presented.

      2. Order of negotiation, terms of development and conclusion of agreements, and also making amendments and additions to them, affiliating to them shall be approved by commissions.

      3. Agreements come into effect from the moment of their signing by the parties or from the date, specified in the agreements. All annexes to agreements are their integral part and have equal legal force.

      4. Term of the agreement validity shall be established as agreed by the parties or before adoption of new agreement, but shall not exceed three years.

      5. When employees are affected by several agreements, the most favorable conditions of agreements shall be applied if there are written applications of employees.

      6. Decisions of commissions shall be made only on the basis of agreement of all parties during negotiations and shall be executed by the relevant agreements. Procedure for making decisions and organization of work shall be developed and approved by commissions.

      7. Master, sectoral and, regional agreements shall be signed by representatives of the parties of social partnership.

Article 151. Agreements registration

      1. Branch, regional agreements, signed by the parties, with annexes, shall be sent for registration within ten working days.

      2. Branch and regional agreements, concluded at oblast level, shall be registered by the authorized state labour body.

      3. Registration of branch and regional agreements, concluded at municipal and district levels, shall be performed by the local executive bodies.

Article 152. Parties, kinds of agreements of the social partnership

      1. General agreement shall be concluded at the republican level between the Government of the Republic of Kazakhstan, republican association of employees and republican associations of labour unions.

      2. Sectoral agreements shall be concluded at sectoral level between authorized state bodies of the relevant area of activity, authorized representatives of employers and sectoral labour unions.

      3. Regional (oblast, municipal, district) agreements shall be concluded at regional level between local executive bodies and authorized representatives of employers and territorial associations of trade unions.

Article 153. Content of social partnership agreements

      1. Agreements shall include following provisions:

      1) on validity;

      2) on procedure for control over implementation;

      3) on procedure for amendments in the agreement;

      4) on parties responsibility in case of failure to perform obligations.

      2. Content of the master agreement shall be determined by the republican commission on the basis of projects of general agreement, presented by all parties of social partnership or one of them.

      3. Content of sectoral and regional agreements shall be determined by sectoral and regional commissions on the basis of draft agreements, presented by all parties of social partnership or one of them.

      4. Master agreement shall stipulate provisions:

      1) on consideration of draft bills in the area of social and employment relations;

      2) on measures on prevention of social and employment conflicts and strikes;

      3) on development of labor market, full employment of population;

      4) on development and approval of national qualifications framework;

      5) on conditions and labor protection, industrial and environmental safety;

      6) on development of social partnership and dialogue;

      7) on formation and activity of monitoring group for participation in development and adoption of agreements at industrial and regional levels.

      5. Sectoral agreements shall stipulate following provisions:

      1) on procedure for consideration of program and strategic documents of the relevant industry;

      2) on development of social partnership and dialogue in the industry;

      3) on measures on prevention of social and labor conflicts and strikes;

      4) on basic principles of remuneration system of the industry, including establishment of:

      minimum tariff rates (fixed salary) in the industry;

      maximum values of coefficients between categories;

      uniform procedure for establishment of additional payments for employers, engaged in heavy work, work with harmful and (or) dangerous working conditions;

      5) on confirmation procedure of sectoral qualifications framework;

      6) on formation and activity of the Council on occupational health and safety;

      7) on formation and activity of the Council on prevention and settlement of collective employment disputes;

      8) on formation, competence and activity of monitoring groups for participation in development and adoption of agreements, collective agreements;

      10) on formation and activity of coordination center for development of human resources and qualifications.

      6. Regional agreements shall stipulate provisions on:

      1) development of social partnership and dialogue in the region;

      2) procedure for consideration of program and strategic documents of the region;

      3) measures on prevention of social and labour conflicts and strikes;

      4) assistance to employers and representatives of employees during settlement of labour disputes;

      5) taking of measures, aimed at employment and reduction of unemployment;

      6) formation and activity of the Board on prevention and settlement of collective employment disputes.

      7. Provisions of agreement, worsening position of the employee in comparison with labour legislation of the Republic of Kazakhstan, shall be considered as invalid and shall not be applied.

Article 154. Effect of social partnership agreements, control over their implementation and parties' responsibility

      1. Effect of general agreement is applicable to public bodies, employers, employees, represented by their representatives, authorized in established order.

      2. Effect of industrial agreement is applicable to public bodies of the relevant industry, employers, employees, and their representatives of the relevant industry.

      3. Effect of the regional agreement is applicable to local executive bodies, employers, employees, and their representatives of the relevant administrative division.

      4. Effect of agreements is also applicable to organizations, registered in the Republic of Kazakhstan, which property owners, founders (participants) or shareholders are foreigners or foreign legal entities or legal entities with foreign participation, and also branches and representative offices of foreign legal entities.

      5. Authorized state labour body at the republican level, state bodies of the relevant area of activity at industrial level and local executive bodies at regional level shall be obliged to publish agreements within thirty calendar days from the date of their signing.

      6. Control over implementation of the agreements shall be performed by the parties of the social partnership.

      5. Evading by representatives of the parties from participation in negotiations on conclusion, amendment, addition of agreements or unreasonable refusal to sign the agreement, violation of terms of negotiations and failure to ensure work of the relevant commission, failure to provide information, necessary for negotiations and monitoring over compliance with the provisions of collective agreement, and violation or non-fulfillment of their conditions shall entail responsibility, established by the laws of the Republic of Kazakhstan.

Article 155. Public control over observance of the labor legislation of the Republic of Kazakhstan

      Republican and trade associations of employers implement public control over observance of the labor legislation of the Republic of Kazakhstan on terms and conditions and in order, stated in agreements and collective agreements.

Chapter 14. COLLECTIVE AGREEMENT

Article 156. Parties of collective agreement. Procedure for collective bargaining, development and conclusion of collective agreement

      1. Parties of collective agreement are the employer and employees represented by their representatives authorized in the established order.

      2. Proposal on start of collective bargaining and conclusion of collective agreement can come from any of the parties.

      A party, which received a notice from the other party with proposal on start of negotiations on conclusion of collective agreement shall be obliged to consider it and enter into negotiations in the order, established by paragraph 4 of this article, within ten days.

      3. Collective agreement can be concluded both in organizations and in branches and representative offices of foreign legal entities. Availability of one collective agreement is allowed in the organization.

      4. The parties create a commission on a parity basis for collective bargaining and preparation of draft collective agreement. Number of members of the commission, its personal composition, terms of project development and conclusion of collective agreement shall be determined by agreement of the parties.

      Employees, which are not members of trade union shall be entitled to authorize body of trade union for representation of their interests in relations with the employer.

      If there are several representatives of employees in the organization, they create a single representative body for participation in the work of the commission, discussion and signing of collective agreement.

      5. Draft collective agreement prepared by the commission shall be subject to obligatory discussion by employees of the organization. Draft shall be worked by the commission taking into account notes and proposals.

      6. If parties reached the agreement, collective agreement shall be drawn up in at least two copies and signed by representatives of the parties.

      7. If there are disagreements between the parties on separate provisions of collective agreement, the parties shall sign collective agreement on agreed terms with simultaneous execution of disagreement protocol within one month from the date of their occurrence. Disputes arising during collective bargaining can be subject of further collective bargaining for their settlement in case of making amendments and additions.

      8. Amendments and additions of collective agreement shall be made only by mutual agreement of the parties in order, established by this article, for its conclusion.

      9. Parties of collective bargaining shall not be entitled to disclose received information, if such information is state secrets, official, commercial or other legally protected secret.

      10. Parties of collective bargaining can be exempted from implementation of their employment duties during their implementation, with preservation of salaries.

      11. Employer shall obliged to submit collective agreement, signed by the parties, to the local labor inspectorate for monitoring within one month from the date of signing.

Article 157. Content and structure of collective agreement

      1. Content and structure of collective agreement shall be determined by the parties in accordance with the general, industrial and regional agreements.

      Following provisions shall be included into collective agreement:

      1) on rating, remuneration plan, amount of tariff rates and salaries, premiums and extra charges to employees, including engaged in heavy work, work with harmful and (or) dangerous working conditions;

      2) on establishment of coefficients between groups;

      3) on duration of office hours and rest time, annual leaves;

      4) on creation of healthy and safe employment and household conditions, on amount of financing of measures on occupational health and safety, on improvement of health care;

      5) on creation of conditions for activity of trade union;

      6) on procedure for making amendments and additions into collective agreement;

      7) on control and responsibility of employees and employer for implementation of collective agreement;

      8) on acts of the employer, for which it is necessary to take opinion of employers' representatives into account;

      The paragraph shall be supplemented with subparagraph 9 in accordance with the Law of the Republic of Kazakhstan No. 483-V dated 06.04.16.

      9) on procedure for admittance to heavy work, work with harmful and (or) dangerous working conditions of persons who attained pension age in accordance with paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan "On Provision of Pensions in the Republic of Kazakhstan".

      2. Collective agreement can include mutual obligations of employees and employer on following issues:

      1) on improvement of job arrangement and productivity enhancement;

      2) on order of wage indexation;

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

      3) on provision of employment, preparation, advanced training, retraining and employment of discharged employees;

      4) on guarantees and privileges to employees, which passing training, retraining, advanced training, and employees, combining work and training;

      5) on improvement of housing and household conditions of employees;

      6) on recovery, health resort treatment and rest of employees;

      7) on guarantees for employees, elected in trade union bodies, and also elected representatives and terms for performance of their activity;

      8) on accounting procedure of reasoned opinion of trade union body upon termination of employment agreement with employees, which are members of trade union;

      9) on compensation payment in case of termination of employment agreement upon initiative of the employer if employee achieved retirement age;

      10) on compensation payment when the employee was on the way from location of the employer or from assembly point to place of work and back;

      11) on payment of parental leave, leave to employees, which adopted a child (children), with preservation of average salary less the amount of social payment in case of loss of income due to pregnancy and maternity, adoption of newborn child (children), implemented in accordance with the legislation of the Republic of Kazakhstan on compulsory social insurance;

      12) on responsibility of employees and employer for incurred damage;

      13) on voluntary pension contributions;

      14) on guarantees of medical insurance of employees and their families, on environmental protection;

      15) on voluntary pension contributions in favour of the employer at the expense of the employer in case of lack of funds for conclusion of retirement annuity agreement with insurance organization;

      16) on measures on training of employees to fundamentals of the labour legislation of the Republic of Kazakhstan;

      17) on payment of allowances and compensation payments including in case of emergencies, related to labour activity;

      18) other issues, determined by the parties and this Code.

      3. Collective agreement shall not worsen the position of employees in comparison with the labor legislation of the Republic of Kazakhstan, general, industrial, regional agreements. Such provisions shall be acknowledged as invalid and shall be not applied.

Article 158. Terms, scope of collective agreement and parties responsibility

      1. Collective agreement shall be concluded for the period, determined by the parties.

      Paragraph 2 as amended by the Law of the Republic of Kazakhstan No. 147-VI dated 16.04.18 (refer to earlier version)

      2. Collective agreement becomes effective on the date of its signing, unless otherwise provided by its provisions, and binding for implementation of the parties.

      In case of expiration of collective agreement, it is considered extended till conclusion of new collective agreement, but no more than for a period of up to one year, provided that at least one of the parties made a proposal on conclusion of new collective agreement before expiration of its validity.

      Collective agreement may provide for its extension till the date of conclusion of new collective agreement without limitation as to time, established by the second part of this paragraph.

      3. Validity of collective agreement shall be applied to the employer and employees of the organization, on behalf of which collective agreement was concluded, and employees, joined to it. Procedure and terms of joining shall be determined in collective agreement.

      4. In case of liquidation of the organization, announcement of it bankruptcy, collective agreement shall be terminated from the date of termination of employment contracts with all employees.

      5. Parties' representatives evading the from participation in negotiations on conclusion, amendment, addition of collective agreement or unreasonable refusal to conclude collective agreement, violation of terms of negotiations and failure to ensure work of the relevant commission, failure to provide information, necessary for negotiations and monitoring over compliance with the provisions of collective agreement, and violation or non-fulfillment of its conditions shall entail responsibility, established by the laws of the Republic of Kazakhstan.

Chapter 15. CONSIDERATION OF INDIVIDUAL EMPLOYMENT DISPUTES

Article 159. Procedure for consideration of individual employment dispute

      1. Individual employment disputes shall be considered by conciliation commissions, and y courts on unresolved issues or non-fulfilment of conciliation commission decision, except for small business entities and chiefs of the executive body of legal entity.

      2. Conciliation commission is permanent body, established in the organization, its branches and representative offices on a parity basis of equal number of representatives from employer and employees.

      3. Quantitative composition of members of conciliation commission, procedure of their work, content and procedure for making decision by conciliation commission, term of powers of conciliation commission, issue on engagement of mediator shall be established in written agreement between the employer and representatives of employees or in collective agreement.

      4. Application, received by conciliation commission, shall be subject to obligatory registration by the commission on the day of submission.

      Dispute shall be considered in the presence of the applicant and (or) its authorized representative within the limits of delegated powers in accordance with regulatory legal acts of the Republic of Kazakhstan.

      5. Conciliation commission shall be obliged to consider the dispute within fifteen working days from the date of application registration and issue copies of decision to the parties to the dispute within three days from the date of its adoption.

      6. Decision of conciliation commission shall be executed within the established time limit, except for dispute on reinstatement in work.

      7. In case of failure to fulfill the decision of conciliation commission within the established period, employee or employer shall be entitled to apply to the court.

      8. Parties of conciliation commission shall be obliged to conduct an annual training of members of the conciliation commission on fundamentals of the labor legislation of the Republic of Kazakhstan, development of ability to negotiate and achieve agreement in employment disputes.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during resolution of employment disputes", Guidelines on formation and work of conciliation commissions on resolution of individual employment disputes (Kazakhstani industrial professional education, academic and research employees alliance, 2016)

Article 160. Terms of appeal for consideration of individual employment disputes

      Following terms are established for appeal to conciliation commission or to the court for consideration of individual employment disputes:

      1) for disputes on reinstatement in work - one month from the date of delivery of copy of employer act on termination of employment contract to conciliation commission, and to production in court - two months from the date of delivery of copy of decision of conciliation commission by unsettled disputes or failure of its decision by the employment contract party;

      2) for other employment disputes - one year from the day when employee or employer had known or should know about violation of their rights.

      Duration of appeal for consideration of individual employment disputes shall be suspended during validity of mediation agreement on considered employment dispute, and in case of absence of conciliation commission before its creation.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 161. Reinstatement of the employee in work

      1. Upon reinstatement of the employee in work the average salary shall be paid for the entire period of forced unemployment (dismissal) or difference in salary during performance of lower paid job in case of illegal transfer to another work, but not more than for six months.

      2. Decision of conciliation commission or court on consideration of individual employment dispute about reinstatement of the employee in previous work shall have immediate effect. If the employer delays implementation of decision on reinstatement in work, conciliation commission or court shall make a decision on payment of average salary or salary difference to the employee during delay in implementation of the decision.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Chapter 16. CONSIDERATION OF COLLECTIVE EMPLOYMENT DISPUTES

Article 162. Definitions used in this chapter

      Definitions used in this chapter are as follows:

      1) labor arbitration is a temporary operating body, created by the parties of collective employment dispute involving authorized persons for settlement of labor dispute in case of failure to reach agreement in conciliation commission;

      2) strike is full or partial termination of work for the purpose of satisfaction of social and economic and professional requirements of employees in collective employment dispute with the employer;

      3) conciliation commission is body created by the agreement of the employer and employees (their representatives) for settlement of collective employment dispute by means of reconciliation of the parties;

      4) conciliation procedures is subsequent consideration of collective employment dispute firstly in conciliation commission, and in case of failure to reach agreement in it - in labor arbitration, and by mutual agreement of the parties using mediation procedure.

Article 163. Origin of collective employment dispute

      1. Collective employment dispute is considered to be risen from the day of written notification of the employer about employers' claims concerning application of the labor legislation of the Republic of Kazakhstan, fulfillment or amendment of terms of agreements, labor and (or) collective agreements, employer acts, executed in accordance with Article 164 of this Code.

      2. Employer shall be obliged to consider the claims lodged by employers within three working days, association of employers within five working days from the day of their receipt and take measures for their resolution, and if it is impossible to inform their decisions and proposals in writing to the employers within the specified time frame indicating their representatives for further consideration of the differences.

Article 164. Bodies on consideration of collective employment disputes and procedure for execution and consideration of employees claims

      1. Collective employment disputes shall be settled in following sequence: considered by the employer (association of employers) if it is impossible to settle them - in conciliation commission, in case of failure to reach agreement in it - by labour arbitrage, on issues, unreguletd by them - by courts.

      2. Employees' requirements on application of the labor legislation of the Republic of Kazakhstan, fulfillment or amendment of agreements, collective and (or) employment contracts, employer acts between employees and employer, the employers association are formed and approved at general meeting (conference) of the employees.

      Meeting of employees shall be considered eligible if at least two thirds of total number of employees of the organization presented at it.

      Conference shall be considered eligible if it is attended by at least two thirds of delegates, elected by the employees in accordance with protocol decisions.

      Decisions of the meeting (conference) of employees shall be considered to be adopted if at least two thirds of participants voted in support of their claims. If it is impossible to hold a meeting (conference) of employees, representative body of employees shall be entitled to approve its decision, having collected more than half of signatures of employees in support of the requirements.

      Employees' representatives shall agree the procedure for holding of meetings (conferences) of employees, place, time, number of participants of the meeting (conference).

      3. Requirements of employees shall be stated in writing form and sent to the employer, employers' associations within three calendar days from the date of the meeting (conference).

      4. If specified requirements are lodged by the employees of different employers, these requirements may be represented by industrial or territorial associations of trade unions or other authorized individuals and/or legal entities.

      5. The employer, association of employers shall be obliged to refrain from any intervention which can prevent the meeting of the employees (conference) on the requirements lodging.

      6. Requirements of employees in case of impossibility of their settlement shall be considered in order of conciliation procedures.

      7. The parties may appeal to the mediator at any stage of collective employment dispute consideration. Mediation process is independent in relation to conciliation procedures in the conciliation commission, labor arbitration and in parallel with them.

Article 165. Conciliation commission

      1. Conciliation commission is a body, created by joint decision of the parties on principles of parity on the basis of equal number of representatives of the employer and employees.

      Decision on creation of conciliation commission is made within three working days from the day when the employer, the employers' association (their representatives) informs or fails to inform its decision to employees (their representatives) or draw up discrepancy report during collective bargaining. If in the organization there are several representatives of employees, they shall create a single representative body for participation in the work of the commission.

      2. The employer, association of employers shall create necessary conditions for work of the conciliation commission.

      3. Conciliation commission shall consider claims of employers (their representatives) no later than seven working days from the date of their receipt. Procedure for consideration of the requirements by the conciliation commission, period of consideration shall be extended by agreement of the parties and executed by the protocol.

      4. The conciliation commission shall consult with the employees (their representatives), the employer, association of employers (their representatives), public bodies and other interested parties during conciliation procedure.

      5. Decision of the commission shall be made on the basis of agreement of the parties, drawn up by protocol, signed by the representatives of the parties, is binding on the parties and implemented in order and terms, established by the decision of the conciliation commission. If one of the parties refuses to sign the protocol, the other party shall enter the relevant record into the protocol.

      6. If is impossible to reach an agreement in conciliation commission, its work shall be terminated, and labor arbitration shall be created for dispute settlement.

Article 166. Labor arbitration

      1. Labor arbitration shall be created by the parties of collective employment dispute within five working days from the date of termination of the conciliation commission.

      2. Number of members of labor arbitration, its personal composition, procedure for consideration of labor dispute shall be determined by agreement of the parties on a parity basis. Labor arbitration shall consist of at least five people. State labor instructor, representative of the council on labour arbitration for prevention and resolution of collective employment disputes and if necessary, other people, shall be included into the labour arbitration.

      Members of conciliation commission may be included into the labor arbitration on the employees requirements under consideration.

      3. Chairman of labor arbitration is elected by the members of the arbitration from among them.

      4. Collective employment dispute shall be considered by the labor arbitration with obligatory participation of representatives of parties of collective employment dispute, and, if necessary, with the participation of representatives of other parties concerned.

      5. Procedure for dispute consideration shall be determined by labor arbitration and communicated to the parties of collective employment dispute.

      6. Decision of labor arbitration shall be made within seven working days from the date of its creation by majority votes of members of the arbitration. When votes of members of labor arbitration are equally divided, vote of the chairman is decisive. Decision shall be reasoned, stated in writing and signed by all members of the arbitration.

      7. If the parties of collective employment dispute fail to reach agreement in conciliation commission, in organizations where strikes are prohibited or restricted by the laws of the Republic of Kazakhstan, creation of labor arbitration is obligatory .

      8. Decision of labor arbitration is binding on the parties of collective employment dispute.

      9. In case of failure to fulfill the decision of labor arbitration within the established period, the parties shall be entitled to settle the dispute in judicial proceeding.

      Refer to: Model provisions on labour arbitration

Article 167. Consideration of collective employment dispute with the participation of mediator

      1. Order of consideration of collective employment dispute with the participation of mediator shall be determined by agreement of the parties of collective employment dispute.

      2. Independent organizations and individuals shall be defined as mediators by the parties. Republican, sectoral, regional commissions on regulation of social and labor relations may, with the consent of the parties of collective employment dispute, engage managers and employees of central and local executive bodies, associations and other public associations, employers, and independent experts to regulation of collective employment disputes.

      When mediators are engaged, written consent to mediation shall be received from them.

Article 168. Consequences of reaching agreement on the parties of collective employment dispute

      1. In all cases of reaching agreement between the parties of collective employment dispute on its settlement with or without participation of mediator, incomplete the conciliation procedures are terminated, and terms of agreement between the parties are deemed as terms of dispute resolution

      Agreements reached by the parties of collective employment dispute, shall be executed in writing.

      2. Reaching agreement between the parties on dispute settlement results in termination of the strike, if it was declared.

Article 169. Guarantees due to settlement of collective employment dispute

      Members of conciliation commission shall be released from work with preservation of salary for the period of participation in negotiations on settlement of collective employment dispute.

      Representatives of employees, their associations, participating in settlement of collective employment dispute, cannot be subject to disciplinary action, transferred to another job during the period of resolution of collective employment dispute, or employment contracts initiated by the employer without prior consent of the body authorized them to representation may not be terminated.

Article 170. Obligations of the parties and conciliatory bodies on settlement of collective employment disputes

      1. Neither of the parties may evade participation in conciliation procedures.

      2. Disagreement not regulated in collective employment dispute shall be communicated to the parties in writing.

      3. If settlement of disagreements between parties of collective employment dispute is impossible due to insufficient powers of the employer's representative, claims of employees are made to property owners, founders (participants) or shareholders of organizations, including organizations, located in the Republic of Kazakhstan, which property is owned by foreign individuals or legal entities or organizations with foreign participation.

      4. In case of disagreement with the results of procedures specified in paragraphs 2 and 3 of this article, employees shall be entitled to use all other means of their interests protection provided for by the law.

      5. The employer shall be obliged to:

      1) within five working days from the date of receipt of claims of employees, executed in accordance with paragraph 3 of Article 164 of this Code, inform the local body on labour inspection about occurrence of collective employment dispute with subsequent weekly information on the situation till its final settlement;

      2) within a day, inform prosecutor's authorities of the Republic of Kazakhstan and local body on labour inspection on the start of the strike conducted in disregard of this Code requirements.

Article 171. Right to the strike

      1. Employees can make a decision on the strike if it was not possible to settle a collective employment dispute by means of conciliation procedures, and also in cases of employer evading from reconciliation procedures or failure to comply with an agreement reached during settlement of collective employment dispute.

      2. Decision on the strike is made at the meeting (conference) of employees (their representatives).

      Meeting of employees is considered eligible if more than half of total number of employees of the organization is present at it.

      Conference shall be considered eligible if it is attended by at least two thirds of delegates, elected by the employees in accordance with protocol decisions.

      Decisions of the meeting (conference) of employees are considered to be taken by majority of the votes of the participants. If it is impossible to hold a meeting (conference) of employees, representative body of employees shall be entitled to approve its decision, having collected signatures of more than half of employees in support of the strike.

      3. The strike is headed by the body authorized by the employees (their representatives) (strike committee). In case of strike announcement by employees (their representatives) of several employers with the same requirements, it can be headed by joint body, formed from equal number of representatives of these employees.

      4. Participation in the strike is voluntary. Nobody can be compelled to participation or refusal to participate in the strike.

      5. Persons, forcing employees to participate or refuse to participate in the strike, shall be liable in the order, established by the laws of the Republic of Kazakhstan.

Article 172. Announcement of the strike

      1. Employer, association of employers (their representatives) shall be informed in writing by the body, authorized by employees, specified in paragraph 3 of Article 171 of this Code on start of the strike and its possible duration no later than five working days before its announcement.

      2. Decision on strike announcement shall contain the following indications:

      1) list of the parties disagreements constituting the ground for the strike conducting;

      2) date, place and time of the strike start, supposed number of participants;

      3) name of the body heading the strike, composition of the employer representatives authorized for participation in conciliation procedures;

      4) proposals on minimum of necessary works (services) performed during the strike.

Article 173. Powers of body heading the strike

      1. Body heading the strike shall act within the limits of the rights, granted to it by this Code, and on basis of the powers vested to it by employees (their representatives).

      2. Body heading the strike shall be entitled to:

      1) represent the interests of employees in relations with the employer, association of employers (their representatives), state, trade union, other legal entities, officials on issues of settlement of the lodged requirements;

      2) obtain information on issues affecting the interests of employees, from the employer, association of employers (their representatives);

      3) give coverage to the course of the employees requirements consideration in mass media;

      4) engage specialists for provision of conclusions on the matters of dispute;

      5) suspend the strike with the consent of employees (their representatives).

      3. Repeated consideration of the dispute by conciliation commission, mediator, or in labor arbitration is not required for renewal of earlier terminated strike. Employer, association of employers (their representatives) and body on labor dispute settlement shall be informed about strike renewal no later than three working days prior.

      4. Powers of the strike heading body shall be terminated in cases when parties of collective employment dispute signed an agreement on its settlement, and also if strike is recognized as illegal.

Article 174. Obligations of parties of collective labour dispute during the strike

      Parties of collective employment dispute shall be obliged to continue settlement of this dispute by means of negotiations.

      The employer, state bodies and body, heading the strike, shall be obliged to take measures to ensure public order during the strike, preserve property of the organization, safety of employees, and operation of machines and equipment, shutdown of which pose direct threat to human life and health.

Article 175. Guarantees of employees due to the strike

      1. Organization or participation in strikes (except for cases stipulated in paragraph 1 of Article 176 of this Code) may not be considered as violation of labor discipline by an employee and entail application of disciplinary measures stipulated by this Code.

      2. For the strike period the employee retains the work place(position), right to social benefits for temporary disability, working experience, and other rights arisen from labor relations are guaranteed.

      For the strike period the salary is not preserved by employees participating in it, unless the strike is performed due to non-payment or late payment of salary.

Article 176 Illegal strikes

      1. Strikes are recognized as illegal:

      1) during introduction of military or extraordinary situation or special measures in accordance with the legislation of the Republic of Kazakhstan on emergency situation; in bodies and organizations of the Armed Forces of the Republic of Kazakhstan, other military formations and organizations responsible for defence support of the country, state security, emergency-rescue, search and rescue, fire fighting, prevention or elimination of emergency situations; in special state and law enforcement agencies; in organizations which are hazardous production facilities; at first-aid stations;

      2) in organizations of railway transport, civil aviation, health care, organizations providing vital activity of population (public transport, supply of water, electricity, heat, communications) at continuous-action productions, suspension of which is related to severe and dangerous consequences, not observing conditions specified in paragraph 2 of this article;

      3) in case of announcement with no regard to deadlines, procedures and requirements, stipulated by this Code;

      4) in cases when it creates a real threat to human life and health;

      5) in other cases, stipulated by the laws of the Republic of Kazakhstan.

      If there is one of the grounds mentioned in this paragraph, the prosecutor shall be entitled to suspend the strike till the court makes an appropriate decision.

      2. In organizations of railway transport, civil aviation, health care, organizations, providing vital activity of the population (public transport, supply of water, electricity, heat, communications), strike is performed if list and scope of the relevant services, required for population, are determined on the basis of preliminary agreement with the local executive body.

      In the non-stop productions the strike may be performed only on condition of continuous operation of primary equipment, mechanisms.

      3. Decision on strike recognition as illegal shall be made by the court in accordance with the laws of the Republic of Kazakhstan.

      4. Decision on strike recognition as illegal shall be made by the court at the request of the employer or the prosecutor.

      Decision of the court shall be brought to the notice of the employees through the body, heading the strike, which shall be obliged to inform strike participants about decision of the court, and if such body is absent, directly by the employer.

      The employer shall ensure the court decision text posting in places accessible to public view.

      Court decision on strike recognition as illegal shall be subject to immediate execution, and strike shall be subject to termination.

      In case of creation of direct threat to human life and health, the prosecutor or the court shall be entitled to suspend the strike till making of the appropriate decision.

      5. Body, heading the strike, shall be entitled to appeal the court decision in the order established by the laws of the Republic of Kazakhstan.

      6. Persons, provoking participation in strike, declared illegal by the court, shall be liable in the order, established by the laws of the Republic of Kazakhstan.

Article 177. Consequences of strike acknowledgement as illegal

      If the strike is declared by the court as illegal, the employer can bring the employees, participating in organization or performance of strike, to disciplinary responsibility.

Article 178. Labour lockout prohibition

      Lockout, i.e. termination of employment agreements with employees upon the initiative of the employer due to their participation in collective employment dispute or strike, except for case, stipulate by subparagraph 22) of paragraph 1 of article 52 of this Code is prohibited during regulation of collective employment dispute, including strike.

SECTION 4 OCCUPATIONAL HEALTH AND SAFETY Chapter 17. STATE CONTROL IN THE AREA OF OCCUPATIONAL HEALTH AND SAFETY

Article 179. State control in the area of occupational health and safety

      State control in occupational health and safety includes:

      1) state supervision, control and monitoring over observance of the requirements of the legislation of the Republic of Kazakhstan in the area of occupational health and safety;

      2) development and adoption of regulatory legal acts of the Republic of Kazakhstan and technical rules and regulations in the area of occupational health and safety;

      3) creation and implementation of economic activity incentive systems on improvement of conditions, occupational health and safety, development and introduction of safe methods and technologies, individual and collective protection of employees;

      4) improvement of efficiency of state, internal control over observance of the legislation of the Republic of Kazakhstan in the area of occupational health and safety;

      5) performance of scientific researches on safety problems and protection of labour taking into account advanced domestic and foreign experience of work on improvement of conditions and labour protection;

      6) protection of legal interests of the employees, wronged by the accidents, related to labour activity, and professional diseases and also members of their families;

      7) establishment of guarantees and compensations for hard labour and work with harmful and (or) dangerous working conditions, which were not eliminated during modern technical level of production and job arrangement;

      8) preparation and further training of occupational health and safety professionals;

      9) establishment of single procedure of accident record, related to labor activity, and professional diseases;

      10) provision of operation of single information system in the area of occupational health and safety;

      11) international cooperation in occupational health and safety.

Article 180. Requirements on occupational health and safety and financing of measures

      1. Requirements on occupational health and safety shall be established by regulatory legal acts of the Republic of Kazakhstan and shall contain rules, procedures and norms, aimed at preservation of life and health of employees during their activity.

      Refer to: Rules for adoption of regulatory legal acts in the area of occupational health and safety by the relevant authorized bodies

      2. Requirements on occupational health and safety are binding on the employers and employees during performance of their activity in the Republic of Kazakhstan.

      3. Financing of measures on occupational health and safety shall be implemented at the expense of the employer and other sources, not prohibited by the legislation of the Republic of Kazakhstan.

      Employees do not bear expenses for these purposes. Amount of finances shall be determined by act of the employer or collective contract.

Chapter 18. RIGHTS AND OBLIGATIONS OF THE EMPLOYEES AND THE EMPLOYER IN THE MATTERS OF OCCUPATIONAL HEALTH AND SAFETY

Article 181. Rights and obligations of the employer in the matters of occupational health and safety

      1. The employer shall be entitled to:

      1) workplace equipped in accordance with the requirements on occupational health and safety;

      2) provision with sanitary facilities, personal and collective protection equipment in accordance with the requirements on occupational health and safety, and labor and collective agreements;

      3) appeal to local body on labor inspection with respect to survey of working conditions and work safety at their workplaces;

      4) participation, in person or by proxy, in inspection and consideration of issues related to the improvement of conditions, occupational health and safety;

      5) refusal to perform work if the employer fails to provide the employee with individual and (or) collective protection equipment and in the event of situation, creating a danger to its health or life, with written notification of direct manager or employer;

      6) education and vocational training required for safe fulfillment of employment duties, in manner established by the legislation of the Republic of Kazakhstan;

      7) receipt of reliable information from the employer on characteristics of work place and organization’s territory, state of conditions, occupational health and safety, existing risk of health damage, and measures on their protection against harmful and (or) hazardous production factors;

      8) preservation of average salary during suspension of work of the organization due to non-compliance with the requirements on occupational health and safety.

      2. The employee shall be obliged to:

      1) comply with the requirements of standards, rules and instructions on occupational health and safety;

      2) immediately inform the employer or the work organizer about each industrial accident and other damage to health of employees, signs of occupational disease (intoxication), ans also on situation which endangers human life or health;

      Subparagraph 3 set out in the Law of the Republic of Kazakhstan No. 147-VI dated 16.04.18 (refer to earlier version )

      3) pass obligatory screening and regular medical check-ups, and pre-shift and other medical examinations in order, determined by the authorized body in the area of health care;

      4) pass preventive medical examinations in cases, stipulated by act of the employer, and also in case of transfer to another job upon the request of the employer;

      5) inform the employer on disability confirmation or other deterioration of health, preventing continuation of employment duties;

      6) apply and use as intended individual and collective protection equipment, provided by the employer;

      7) comply with the requirements of state labor inspector, technical labor safety inspector, internal control specialists and medical and curative measures, assigned by medical institutions;

      8) pass training, briefing and assessment of knowledge on occupational health and safety in the order, determined by the employer and stipulated by the legislation of the Republic of Kazakhstan.

Article 182. Rights and obligations of the employer in the matters of occupational health and safety

      1. The employer shall be entitled to:

      1) encourage employees for assistance in creation of favorable working conditions at working places, rationalization proposals on creation of safe working conditions;

      2) discharge from employment and bring to disciplinary responsibility of employees, violating occupational health and safety requirements pursuant to the procedure established by this Code;

      3) require from the employee to comply with the requirements on safe operation at production;

      4) send, at the own funds, the employees to preventive medical examinations in cases stipulated by the legislation of the Republic of Kazakhstan and act of the employer .

      2. The employer shall be obliged to:

      1) take measures on prevention of any risks at working places and during technological processes by means of preventive measures, replacement of production equipment and technological processes with safer ones;

      2) conduct training, briefing, assessment of knowledge of employees on occupational health and safety, and provide documents on safe maintenance of production process and work at their own funds;

      3) organize training and assessment of knowledge on occupational health and safety of managers and persons, responsible for occupational health and safety, periodically at least one time in three years in organizations, performing advanced training, in the manner prescribed by the authorized labor body, in accordance with the list approved by act of the employer;

      4) create necessary sanitary and hygienic conditions for employees, ensure provision and repair of special clothes and footwear for employees, supply them with preventive treatment means, detergents and disinfectants, first aid kit, milk or equivalent food products, and (or) specialized products for diet (medical and preventive) food, individual and collective protection equipment in accordance with the norms, established by the authorized state labor body;

      4) excluded by the Law of the Republic of Kazakhstan dated 06.04.16 No. 483-V (see earlier version)

      Refer to: Letter of the Ministry of Health and Social Development of the Republic of Kazakhstan No. 10-1-27/9175//20-8/671 dated March 25, 2016 "On leave for heavy works, harmful and/or hazardous working environments, issued to the persons, who attained pension age"

      6) suspend the employees under the age of eighteen years from carrying and movement of heavy loads, exceeding the maximum limits established for them;

      7)suspend the women from lifting and manual moving of heavy loads exceeding the maximum limits established for them;

      8) perform registration, accounting and analysis of accidents related to labour activity and professional diseases;

      9) quarterly provide the authorized state labor authority and local body on labor inspection, representatives of employees upon their written request with information required for monitoring of the state of conditions, occupational health and safety;

      10) provide investigation of accidents related to labour activity in the order established by the legislation of the Republic of Kazakhstan;

      11) perform instructions and conclusions of state labour inspectors;

      12) perform periodic, at least every five years, certification of production facilities with respect to labour conditions, with the participation of employees representatives in accordance with the rules, approved by the authorized state labour body;

      13) present results of certification of production facilities with respect to working conditions to the local body on labour inspection, on paper and in electronic format, within the month;

      14) insure employees against accidents when performing employment (official) duties;

      15) take urgent measures on prevention of development of emergency situation and impact of injury-risk factors on other persons;

      16) develop, approve and review occupational safety and health instruction in the order, established by the authorized labour body;

      Subparagraph 17 is set out in version of Law of the Republic of Kazakhstan No. 147-VI dated 16.04.18 (refer to earlier version )

      17) perform, at the expense of own funds, obligatory, periodic (during employment activity) medical examinations and pre-shift medical examination of employees in cases, stipulated by the agreement, collective agreement, the legislation of the Republic of Kazakhstan, and in case of transfer to other work, changing working conditions or if signs of professional disease are evident.

Chapter 19 ARRANGEMENT OF OCCUPATIONAL HEALTH AND SAFETY

Article 183. Certification of production facilities with respect to working conditions

      1. Production facilities shall be subject to obligatory periodic certification with respect to working conditions.

      2. Certification of production facilities with respect to working conditions shall be performed by specialized organizations on certification of production facilities at least one time in five years.

      3. Procedure for certification of production facilities with respect to working conditions shall be determined by the authorized state labour body.

      4. Unscheduled certification of production facilities with respect to working conditions shall be performed at the request of the state control and supervision body of occupational health and safety if violation of procedure of certification of production facilities with respect to working conditions was detected.

      The results of unscheduled certification of production facilities with respect to working conditions shall be executed as Annex to the materials of previous certification of production facility with respect to conditions.

      5. The relevant order on creation of certification commission, composed of the chairman, members and secretary, responsible for preparation, maintenance and storage of documentation on certification of production facilities with respect to working conditions, shall be issued by the employer for certification of production facility with respect to conditions.

      6. Certification commission includes chief or his/her deputy, specialists of occupational health and safety services and other departments as agreed, and representatives of employees.

      Refusal of employees representatives to participate in certification commission is not a reason for non-performance of certification of production facilities with respect to working conditions.

      7. Upon completion of production facility certification with respect to working conditions, specialized organization on certification of production facilities during ten calendar days shall send information about its results to the authorized state labour body in the manner prescribed by it.

      8.Results of production facility certification with respect to working conditions become effective on the date of publication of certificate of production facilities certification.

      9. Control over observance of procedure for certification of production facilities shall be performed by state labor inspectors.

Article 184. Safety requirements to work places

      1. Buildings (structures), where working places are located, shall correspond to their functional purpose and requirements of safety and labor protection by their design.

      2. Working equipment shall conform with safety standards, established for this type of equipment, have the relevant technical passports (certificate), warning symbols and provided with fences or protective devices to ensure safety of employees at working places.

      3. Ways of escape and emergency exits of employees from premises shall be marked, remain free and lead to open air or to safe zone.

      4. Dangerous zones shall be clearly marked. If work places are located in dangerous areas where there is a risk for employee due to nature of the work or risk of falling objects, such places shall be equipped with devices, blocking access to these zones by unauthorized persons.

      Pedestrians and technological vehicles shall move throughout the organization in safe conditions .

      5. Temperature, lighting and ventilation in the room, where work places located, shall conform with sanitary and epidemiological requirements during working hours.

Article 185. Compulsory medical examination of employees

      1. The employer shall be obliged to organize, at its own funds, periodic medical examinations and examinations of employees engaged in hard work, work with harmful and (or) dangerous working conditions, in the order stipulated by the legislation of the Republic of Kazakhstan.

      Paragraph 2 as amended by the Law of the Republic of Kazakhstan No. 147-VI dated 16.04.18 (refer to earlier version)

      2. Employees engaged in the work related to higher risk, machines and mechanisms shall pass pre-shift medical examination. List of professions, for which pre-shift medical examination is required, shall be determined by the authorized body in the area of health care.

Chapter 20 INVESTIGATION AND RECORDING OF ACCIDENTS RELATED TO LABOR ACTIVITY

Article 186. General provisions of the investigation and recording of accidents related to labor activity

      1. Cases of damages to the health of employees, related to their labour activity and resulting in physical disability or death and following shall be investigated in accordance with this Code:

      1) persons traiing in educational institutions during vocational practice;

      2) military, employees of special state bodies engagement in work, not related to military service, service in special state bodies;

      3) persons engaged in the work in custodial settings and under court sentence;

      4) staff of militarized and other specialized professional accident rescue services and formation of members of voluntary teams on accident management after emergencies, disasters, on salvage of life and property.

      2. Damages to health of employees, related to performance of employment duties, or performance of other actions on own initiative on behalf of the employer, resulting in physical disability or death shall be subject to accounting as accidents, related to labor activity if they occurred:

      1) before commencement or at the end of working time during preparation and arrangement of work place, tools, personal protective equipment and other actions;

      2) during working hours at work place, throughout the journey of the employer, which activity is related to transportation between service objects, including as assigned by the employer, and during business trip, performing employment duties;

      3) on going to place of work performance or from work by the vehicle provided by the employer;

      4) by personal motor transport if there is a written agreement of the employer for the right to use it for work-related purposes;

      5) performing actions on own initiative, on behalf of the employer;

      6) throughout the journey of employees, working on rotation basis from place of gathering (living during shift) to work or back by the vehicle provided by the employer.

      3. Accidents, related to labour activity, damages to health of the employees, are not subject to recording if during investigation of which it was objectively established that they had happened:

      1) when the injured, upon own initiative, performed works or other actions, not related to job functions of the employer, and not related to interest of the employer, including period of inter-shift break in case of work on a rotational basis, break time and meal;

      2) when main cause was alcoholic intoxication, use of toxic and narcotic drugs (their analogues);

      3) in the result of deliberate (wilful) damage of health and also if the injured committed a criminal violation;

      4) due to sudden health impairment of the injured, not related to impact of production factors confirmed by medical report.

      4. Investigation of cases of occupational diseases shall be performed by the employer together with public body in the area of sanitary and epidemiological welfare of the population.

      5. Responsible officials of health care organizations shall inform the employers and local body on labor inspection on each case of primary address with industrial injury or health damage of the employees, related to labor activity and also on cases of acute professional disease (intoxication) to public body in the area of sanitary and epidemiological welfare of the population within two working days.

      6. Responsibility for organization of the investigation and registration of accidents related to labor activity and occupational diseases shall be borne by the employer.

Article 187. Obligations of the employer during investigation of accidents related to labour activity

      1. The employer shall be obliged to:

      1) organize rendering of medical first aid to the injured and its delivery to health care organization if necessary;

      2) preserve conditions at accident site (state of equipment and mechanisms, tools) at the same state as during the accident provided that this does not threaten life and health of other persons, and violation of continuity of production process does not lead to emergency, and to shoot accident scene;

      3) inform close relatives of the injured about the accident and send a message to public bodies and organizations, determined by this Code, other regulatory legal acts;

      4) provide access of members of the commission on special investigation to the site of accident related to labour activity.

      2. The employer shall inform about the accident, related to labour activity, in the form established by the authorized state labour body within a day:

      1) the local body on labour inspection;

      2) regional office of the authorized body in the area of industrial safety in case of accidents, occurred on hazardous industrial facilities;

      3) regional office of public body in the area of sanitary and epidemiological welfare of the population on cases of professional diseases or intoxication;

      4) representatives of employers;

      5) insurance organization with which contract for employee insurance against accidents during performance of labour (official) obligations was concluded;

      6) law enforcement body at the accident site and authorized bodies of production and internal monitoring in cases, subject to special investigation.

      3. In investigation of the accident, related to labour activity, the employer, at the request of the commission, shall, at the own expense, provide the following :

      1) performance of technical calculations, laboratory researches, tests, other expert works and engagement of expert specialists for these purposes;

      2) shooting of accident site and damaged objects, making of plans, sketches and schemes;

      3) provision of transport, office premise, communication facilities, special clothes and other personal safety equipment, necessary for the investigation;

      4) submission of:

      documents, characterizing state of the working place, availability of harmful and (or) dangerous productive factors (plans, sketches, schemes and if necessary, photo and video materials of accident site and other);

      extracts from registration logs of briefings and protocols of knowledge assessment of the injured on occupational health and safety, records of interview of eyewitnesses of the accident, related to labor activity, and officials, explanations of the injured, expert opinions of the specialists;

      results of laboratory researches and experiments;

      medical report on nature and severity of injury, incurred by the injured, or cause of its death, on availability (absence) of features of alcoholic, narcotic or toxic intoxication;

      copies of documents, confirming issue of special clothes and other personal safety equipment to the injured;

      extracts from earlier issued instructions of state labour inspectors and officials of local compliance authority (if accident, related to labour activity, had happened in the organization or on object, subordinated to this authority);

      other documents, related to consideration of the case, at the discretion of the commission.

Article 188. Procedure for formation and structure of the commission on accidents investigation related to labour activity

      1. Investigation of accidents, related to labour activity, except for the cases subject to special investigation, shall be performed by the commission created by the employer's act during twenty four hours from the moment of receipt of conclusion on severity of industrial accident in following composition:

      1) chairman is a chief of the organization (production service) or its deputy, and if they are absent - authorized representative of the employer;

      2) members - chief of occupational health and safety service and employees' representative.

      2. Official responsible for occupational safety at the appropriate site of accident related to labour activity took place, is not included into the commission during the investigation.

      3. Following is subject to special investigation:

      1) accidents related to labour activity with severe or fatal result;

      2) group accidents, related to labour activity, occurred with two and more employees, regardless of severity of industrial accidents of the injured;

      3) group cases of acute intoxication.

      4. Special investigation of the accident, related to labour activity, shall be performed by the commission, which was created during twenty four hours by the local body on labour inspection from the moment of receipt of conclusion on severity of industrial accident in following composition:

      1) chairman is a state labour inspector;

      2) members - employer and representative of the employees.

      Investigation of group accidents, related to labour activity, when two people had died, shall be performed by the commission, which is headed by chief state labour inspector of the oblast, city of the republican status and capital.

      Investigation of group accidents, related to labour activity, when from three to five people had died, shall be performed by the commission, created by the authorized labor body, and if more five people had died - by the Government of the Republic of Kazakhstan.

      5. In case of investigation of accidents, related to labour activity, occurred during man-caused emergencies as a result of failure on hazardous industrial facility, chairman of the commission shall appoint representative of the authorized body in the area of industrial safety or its regional office. In this case state labour inspector is a member of the commission.

      6. Composition of the commission shall also include:

      1) state inspector on state supervision in the area of industrial safety and official, performing state energy supervision and control, in case of accidents, related to labour activity, occurred on hazardous industrial facility, and also in organizations of electric power industry, - ;

      2) representatives of public body in the area of sanitary and epidemiological welfare of the population in case of acute intoxication;

      3) responsible representative of the organization, on territory of which the accident took place, in case of the accident, related to the labour activity, occurred with employee of the organization, situated and performing works on the territory of the other organization for performance of production task (official or contractual obligations).

      7. Representative of insurance organization with the relevant contractual relations with the employer or the injured can take part in work of the commission.

      8. The employer or its authorized representative, representative of employees, specialist on labor protection, which can be engaged to investigation of the accident and on contractual basis can take part in the investigation of the accident related to labour activity of the employer - natural person.

      9. In order to solve issues, for which expert opinion is required, chairman of the commission on special investigation shall be entitled to create expert subcommittees among number of scientific and research organizations and regulatory bodies at the expense of the employer.

Article 189. Order of investigation of accidents, related to labor activity

      1. Investigation period of the accident, related to labor activity, shall not exceed ten working days from the date of formation of the committee.

      If there are circumstances, preventing completion of the investigation within the established terms, terms of the investigation can be prolonged by the protocol resolution of the committee on ten working days not more than two times.

      2. Accidents, related to labor activity, on which local bodies on labor inspection were not informed in due time, shall be investigated upon the application of the injured or its authorized representative during ten working days from the date of application registration.

      3. In each case of the investigation, the committee shall detect and interview eyewitnesses of the accident, persons, committed violation of the requirements on safety and labor protection, get necessary information on the employer and explanation of the injured if possible.

      4. It is strictly prohibited to interview eyewitnesses, witnesses without agreement of the chairman of the committee on special investigation, and also to perform parallel investigations of this accident, related to labor activity, someone or other committee during working days of duly appointed commission.

      5. The commission shall establish circumstances and causes of the accident related to the labor activity, determine reference of the accident with production activity of the employer and whether presence of the injured at place of the accident was explained by performance of labor obligations by it, qualify the accident as the accident related to the labor activity or as the accident not related to the labor activity, determine persons, committed violations of the requirements of safety and labor protection and measures on elimination of causes and prevention of accidents related to labor activity, on the basis of collected documents and materials.

      6. Investigation of the accident related to the labor activity, resulting in severe outcome or death, group accident, occurred together with two and more employees, regardless of severity of industrial injuries of the injured and group acute intoxication of the employees shall be executed by special investigation act in form, established by the authorized public body on labor.

      7. Investigation of accidents, related to labor activity, occurred in the result of transport crashes, shall be performed on the basis of the materials of the investigation of the authorized body on promotion of road-traffic safety.

      8. Authorized body on promotion of road-traffic safety shall be obliged to provide copies of investigation records within five days from the date of transport accident upon the request of the chairman of the commission on investigation of accidents related to labor activity.

      9. Working conditions of the commission on investigation of accidents related to labor activity on sensitive facility shall be determined taking into account access features to such objects.

      10. Completion of the search of the injured, disappeared in the result of explosion, emergencies, destructions, fire and other cases on objects of the organization shall be determined by the commission on special investigation on the basis of conclusion of chief of the emergency rescue service or formation and specialist experts.

      Also refer to: Rules for investigation of cases of contagious and parasitical occupational diseases and intoxication of population

Article 190. Procedure for execution of investigation records of the accidents related to labor activity and their accounting

      1. Each accident related to the labor activity and resulted in loss of labor capacity of the employee (employees) in accordance with medical report (recommendation) shall be investigated.

      Accidents related to labor activity resulting in severe outcome or death and group accidents shall be subject to special investigation.

      Forms of investigation acts, special investigation and forms of accident reports related to labor activity, vocational disease shall be established by the authorized body on labor.

      2. Act shall be executed in accordance with investigation records.

      If during the investigation of the accident related to the labor activity, the commission established that gross negligence was cause of occurrence or increase of damage, the commission shall bear mixed liability of the parties and determine guilt level of employee and employer in percentage terms.

      If one of the members of the commission on accident investigation related to labor activity does not agree with conclusion of the commission (majority), it shall provide written reasoned opinion for inclusion into investigation records. Special investigation act shall be signed with the proviso: "refer to special opinion".

      3. In case of disagreement with the result of the investigation or untimely execution of accident report related to labor activity, the injured or its authorized person, attorney of the employees shall be entitled to write to the employer, which shall be obliged to consider their application and make a decision within ten days.

      4. Differences on issues of investigation, execution and registration of accidents, related to labor activity, between the employer, employee and state labour inspector or state inspector on state monitoring in the area of industrial safety in cases, occurred on hazardous industrial facilities, shall be considered in order of subordinacy to the relevant senior state labour inspector and (or) in judicial proceeding.

      Decision of the senior state labour inspector on investigation of accidents related to labor activity shall be executed in form of conclusion in form, established by the authorized state labor body.

      5. Investigation records of the accident, related to the labour activity, shall contain following information together with act of investigation:

      1) information on training and instruction in labor protection and preliminary and periodical medical examinations of the injured;

      2) records of interview in the form, established by the authorized state labour body, and explanation of eyewitnesses of accident, and also officials, which are responsible for observance of the requirements of occupational health and safety;

      3) plans, schemes and photos of accident site;

      4) extracts from instructions, provisions, orders and other acts, regulating requirements of occupational health and safety, obligations and responsibilities of officials for provision of healthy and safe labour conditions on production and other;

      5) medical certificate on nature and severity of health damage of the injured (cause of death);

      6) results of laboratory and other researches, experiments, expertise, analyses and other;

      7) conclusion (if available) of chief state labour inspector;

      8) information on financial damage, incurred by the employer;

      9) order of the employer on compensation of damage, incurred to health to the injured (members of family) and bringing of officials, guilty for the accident, to responsibility;

      10) list of attached documents.

      6. At the end of the investigation of each accident, related to labour activity, the employer shall be obliged to execute accident report within three working days in accordance with investigation records.

      7. Act of occupational disease in the established form shall be filled by the employer on the basis of conclusion of expert occupational pathology commission.

      8. Accident report shall be filled and signed by heads of occupational health and safety service and corporate division, by employees of the organization and representative of the state body in the area of sanitary and epidemiological welfare of the population in case of intoxication.

      Accident report shall be approved by the employer and certified with the seal of the organization (if available).

      If employer is natural person, accident report shall be filled and signed by the employer and notarized.

      9. One copy of accident report shall be issued to the injured or its attorney within three working days after completion of the investigation, and shall be sent to:

      1) insurance company, with which insurance contract of the employee is concluded against accidents during performance of labour (official) duties;

      2) local body on labour inspection on paper and in electronic form;

      3) state body in the area of sanitary and epidemiological welfare of the population in case of intoxication.

      10. Copies of materials of special investigation of the accident related to labour activity shall be transferred to the local body on labour inspection by the employer. Upon the completion of the investigation of the accident, related to labour activity, copies of materials of special investigation shall be sent by the state labour inspector to the local body of internal affairs during seven days, which shall make an appropriate decision and inform about decision on or prior to twenty working days in accordance with the legislation of the Republic of Kazakhstan.

      11. The injured or representative of the employees shall be entitled to acquaint with all investigation records of the accident, related to labour activity, and necessary extracts.

      12. Each accident, executed in form of act, shall be indicated in accidents, related to labour activity, or other health damages registration log by the employer. Log is maintained in the form established by the authorized state labour body. Primary statistical data on temporary incapacity and work-related fatalities, injuries, and illnesses shall be provided in accordance with statistic methodology, approved by the authorized body on the area of state statistics.

      13. Investigation records of the accident, related to labour activity, shall be stored in the organization (by the employer) during forty five years, in case of its liquidation investigation records shall be transferred to state archive at place of its activity.

      14. On accidents, related to labour activity, which became severe, or fatal accidents, the employer or its representative shall inform the relevant local body on labour inspection, and insurance company - in case of insurance cases.

SECTION 5 CONTROL OVER OBSERVANCE OF THE LABOR LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN Chapter 21. STATE CONTROL OVER OBSERVANCE OF THE LABOR LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Article 191. Implementation of state control over observance of the labor legislation of the Republic of Kazakhstan

      1. State control over observance of the labor legislation of the Republic of Kazakhstan shall be implemented by state labour inspectors.

      2. State labour inspectors are:

      1) chief state labour inspector of the Republic of Kazakhstan is an official of the authorized state labour body;

      2) chief state labour inspectors are officials of the authorized state labour body;

      3) chief state labour inspector of the oblast, city of the republican status, capital is a head of the local body on labour inspection of the oblast, city of the republican status, capital;

      4) state labour inspectors are the officials of the local body on labour inspection of the oblast, city of the republican status, capital.

      3. State labour inspectors, at performing their official duties, shall be protected by the law and governed by the Constitution of the Republic of Kazakhstan, laws and other regulatory legal acts of the Republic of Kazakhstan.

      4. Persons obstructing performance of official duties state by the labor inspector shall be responsible in accordance with the laws of the Republic of Kazakhstan.

      Paragraph 5 as amended by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.18 (refer to earlier version)

      5. State control over observance of the labor legislation of the Republic of Kazakhstan shall be performed in the form of inspection and preventive control, visiting the entity (facility) of control in accordance with the Entrepreneur Code of the Republic of Kazakhstan, unless otherwise stipulated by the international treaties, ratified by the Republic of Kazakhstan.

      6. Excluded in accordance with the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.18 (refer to earlier version)

      Refer to: Joint order of the Minister of Health and Social Development of the Republic of Kazakhstan No. 1022 dated December 25, 2015 and Minister of the National Economy of the Republic of Kazakhstan No. 801 dated December 28, 2015 "On Approval of Assessment criteria of risk level and check lists over observance of the labor legislation of the Republic of Kazakhstan"

Article 192. Operating principles and main tasks of state labour inspectorate

      Activity of state labour inspectorate shall be performed on the basis of principles of respect, observance and protection of rights and liberties of the employees, validity, objectivity, independence and publicity.

      Main tasks of state labour inspectorate are:

      1) provision of state control over observance of the labor legislation of the Republic of Kazakhstan;

      2) provision of observance and protection of rights and liberties of the employees, including right on safe working conditions;

      3) consideration of appeals, applications and complaints of employers and employees on the labor legislation of the Republic of Kazakhstan.

Article 193. Rights of state labour inspectors

      At performing state control over observance of the labor legislation of the Republic of Kazakhstan, state labour inspectors shall be entitled to:

      1) visit organizations and enterprises in order to perform inspections of the observance of the labor legislation of the Republic of Kazakhstan;

      2) excluded in accordance with the Law of the Republic of Kazakhstan dated May 24, 2018, No. 156-VI (refer to earlier version)

      3) request and obtain from employers, employees (their representatives) the documents, explanations, information, required for implementation of the duties assigned to them;

      4) provide compulsory requests, conclusions, and also compile minutes and resolutions on administrative offenses, impose administrative penalties;

      5) provide explanations on issues under their competence;

      6) suspend (prohibit) activity of organizations, separate productions, workshops, areas, working places and operation of equipment, mechanisms in case of detection of noncompliance of the requirements of regulatory legal acts on occupational health and safety for the period not more than three days with submission of primary allegation within the specified term;

      7) prohibit issue and use of special clothes and other individual and collective protective equipment, not corresponding to the established requirements at working places;

      2) excluded in accordance with the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.18 (refer to earlier version)

      9) investigate accidents related to labor activity in accordance with the established procedure;

      10) provide instructions on dismissal from work of employees, which did not pass training, briefing, knowledge assessment on occupational health and safety and also for bringing of offenders to responsibility;

      11) send information, legal actions and other materials on violation of the labor legislation of the Republic of Kazakhstan, non-performance of acts of state labour inspectors by the employers, to the relevant law enforcement bodies and courts;

      12) participate in assessment of knowledge on occupational health and safety;

      13) conduct inspection concerning observance of procedures and terms of engagement of foreign labour force by the employers, established by the legislation of the Republic of Kazakhstan and legislation of the Republic of Kazakhstan in the area of population migration;

      14) excluded in accordance with the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.18 (refer to earlier version)

      15) cooperate with citizens and representatives of the employers in case of state control over observance of the labor legislation of the Republic of Kazakhstan;

      16) implement other rights, stipulated by the legislation of the Republic of Kazakhstan.

Article 194. Obligations of state labour inspectors

      State labour inspectors shall be obliged to:

      1) control over observance of the labor legislation of the Republic of Kazakhstan;

      2) perform, in timely and quality manner, inspections on observance of the labor legislation of the Republic of Kazakhstan;

      3) inform employers (their representatives) on detected violations of the labor legislation of the Republic of Kazakhstan for the purpose of taking actions on their elimination;

      4) consider applications of the employers and employees on application of the labor legislation of the Republic of Kazakhstan in timely manner;

      5) detect causes and circumstances resulting in violations of the labor legislation of the Republic of Kazakhstan, provide recommendations on their elimination and recovery of violated labor rights;

      6) take part in investigation of accidents related to labor activity;

      7) collect, analyze and summarize causes of violations of the labor legislation, participate in development and taking measures on implementation of measures aimed at improvement of work on prevention of violations of the labor legislation of the Republic of Kazakhstan;

      8) keep in confidence the information constituting a state secret, official, commercial or other legally protected secret, which becomes known to them due to implementation of employment duties;

      9) give briefings on application of the labor legislation of the Republic of Kazakhstan.

Article 195. Acts of state labour inspector

      1. Depending on established violations of the labor legislation of the Republic of Kazakhstan the state labour inspector provides (makes) following acts :

      1) instruction on:

      elimination of violations of the requirements of the labor legislation of the Republic of Kazakhstan;

      on performance of preventive measures on occupational health and safety on production objects and equipment, and also in production processes for prevention of injuries and emergency situations;

      prohibition (suspension) of operation of some production, workshops, areas, working places and equipment and activity of the organization, in whole.

      At that the act on prohibition (suspension) of the activity of the organization is valid till rendering of a judicial decision;

      2) protocol on administrative offence;

      3) resolution on termination of proceedings in case of administrative offense;

      4) resolution on case of administrative offense;

      5) conclusion of state labour inspector.

      2. Acts of state labour inspector are legal sanctions against violation of the requirements of the legislation of the Republic of Kazakhstan committed by the employers and officials. Acts are made in two counterparts, one of which is handed over to employer against receipt.

      3. Acts of state labour inspector are binding on officials, natural and legal entities.

      4. Form of acts of state labour inspector shall be approved by the authorized state labor body.


      Article 196. Cooperation of state labour inspectorate with other public authorities and organizations

      1. State Labour Inspectorate performs its activity in cooperation with other state supervision and control authorities, with representatives of employees, public associations and other organizations.

      2. Public authorities shall be obliged to render assistance to State labour inspector performing tasks on control over observance of the labor legislation of the Republic of Kazakhstan.

      Article 197. Excluded in accordance with the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.18(refer to earlier version)

Article 198. Procedure for appeal of decisions, actions (failure to act) committed by the State labour inspector, performing state control

      1. In case of infringement of rights and legal interests of the employer, performing state control over observance of the labor legislation of the Republic of Kazakhstan, the employer shall be entitled to appeal against the actions (failure to act) committed by the State labour inspector to senior state inspector and (or) in court in the orderestablished by the legislation of the Republic of Kazakhstan.

      2. Chief State labour inspector of the Republic of Kazakhstan or chief state labour inspector of the oblast, city of the republican status, capital may, before making decision on application (complaint) of natural and (or) legal entities with respect to actions (failure to act) committed by the lower-level state labor inspector, .suspend performance, to cancel or to revoke acts of the lower-level state labor inspector

      Article 199. Excluded in accordance with the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.18(refer to earlier version)
      Article 200 is amended in accordance with the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.18 (refer to earlier version)

Article 200. Declaring of employer's activities

      Declaring of the employer's activities shall be performed by the local body on labor inspection together with regional associations of employers and territorial trade union amalgamations.

      Conformity of of the employer's activity parameters to the requirements of the labor legislation of the Republic of Kazakhstan constitutes the condition for their participation in declaring.

      Employers, the activities of which are recognized as conforming with the requirements of the labor legislation of the Republic of Kazakhstan, are given trust certificate for the period of three years, which shall be taken into account during formation of lists of preventive control with visiting the entity (facility) of control in accordance with the Entrepreneur Code of the Republic of Kazakhstan.

      Refer to: Rules for declaration of employer's activities

Chapter 22. INTERNAL CONTROL

Article 201. Internal control on occupational health and safety

      1. Internal control on occupational health and safety includes creation and introduction of safety management system, observation of state of labor conditions, performance of operative analysis of data of production control, risks assessment and adoption of measures on liquidation of detected non-conformances to the requirements of occupational health and safety

      2. Internal control on occupational health and safety shall be implemented by the employer in order to observe established requirements on occupational health and safety at working places and adoption of urgent measures on elimination of detected violations.

Article 202. Implementation of internal control on occupational health and safety

      1. In order to perform internal control over observance of the requirements on occupational health and safety in organizations, performing production activity with number of employees more fifty employees, the employer shall create occupational health and safety service, which is directly reported to chief executive officer or its authorized person.

      2. Standard provision on occupational health and safety service in the organization shall be developed by public labor authority.

      3. The employer with number of employees up to fifty people shall introduce position of occupational health and safety specialist taking into account specific activity or entrust the obligation on safety and labor protection to other professional.

      4. Occupational health and safety service or specialist specified in paragraph 3 of this Article may:

      1) have free access for visit and inspection of production, amenity spaces and other premises;

      2) perform control over development and implementation of preventive measures on creation of safe and healthy labor conditions, prevention of industrial injuries and occupational diseases in structural subdivisions of the organization;

      3) give to employees of structural subdivisions of the organization the compulsory instructions on taking measures aimed at elimination of detected violations on occupational health and safety .

      5. Occupational health and safety service or specialist specified in paragraph 3 of this Article shall be obliged to:

      1) perform monthly analysis of state and causes of industrial injuries, and occupational diseases in the organization, develop preventive measures and enter them in electronic data bases of the organization for persistent storage;

      2) organize training, assessment of knowledge on occupational health and safety of employees of the organization;

      3) ensure compliance with procedure for investigation of accidents related to labor activities.

      6. Organization of occupational health and safety of small business entities can be implemented on a contract basis with natural or legal entities.

Article 203. Industrial council on occupational health and safety in organizations

      1. Industrial council on occupational health and safety is created on the initiative of the employer and (or) on the initiative of employees or their representatives. Representatives of the employer, representatives of employees, including technical labor inspectors, are included into it on parity basis.

      2. Composition of Industrial council on occupational health and safety shall be approved by joint resolution of the employer and employees representatives.

      3. Industrial council on occupational health and safety is headed by the chairman, elected by members of the council from among representatives of the employer and employees on a rotation system every two years.

      Decisions of Industrial council on occupational health and safety are mandatory for the employer and employees.

      4. Industrial council on occupational health and safety organizes joint actions of the employer and employees on ensuring of labour protection requirements, prevention of work-related fatalities, injuries, and illnesses and also organizes inspection of conditions and protection of labor on working positions by technical labor inspectors.

      Candidates for technical inspectors of occupational health and safety are nominated by a labor union, and if it is absent - by general meeting of the employees from among the organization employees by majority of votes, if at least two thirds of employees are present at the meeting.

      5. Technical inspectors on labor protection shall be approved by the decision of industrial council on occupational health and safety.

      Status, rights and obligations of technical inspectors on labor protection, and procedures of their control shall be determined by the decision of the industrial council on occupational health and safety.

Chapter 23. FINAL PROVISIONS

Article 204. Procedure for this Code enforcement

      1. This Code shall be enforced since January 1, 2016.

      Refer to: Letter of the General Prosecutor Office No. 2-010721-16-03143 dated January 19, 2016 "Applicability of norms (which were not included in the earlier Labor Code) to labor relations, appeared before the Code entry into force"

      2. Establish that since January 1, 2017:

      1) subparagraph 64) of paragraph 1 of article 1 shall be read as follows:

      "64) specialized organization on attestation of production facilities are organizations, performing activity on attestation of production facilities with respect to working conditions, having qualified staff, and testing laboratories accredited in accordance with the legislation of the Republic of Kazakhstan;"

      2) subparagraph 4) of paragraph 1 of article 26 shall be read as follows:

      "4) with foreigners and stateless persons temporarily staying in the Republic of Kazakhstan, before obtaining of permit of the local executive body for engagement of foreign labor force or certificate on qualification conformity for independent employment, issued in order, determined by the authorized body on population migration, to foreign employees, or before obtaining of permit for labor immigrant, issued by internal affairs bodies in order established by the Ministry of internal affairs of the Republic of Kazakhstan or not following limits or seizures, established by the laws of the Republic of Kazakhstan";

      3) subparagraph 6) of paragraph 1 of article 30 shall be read as follows:

      "6) within the limits established by the legislation of the Republic of Kazakhstan with respect to terms of labor activity performance by foreign employees, arrived for independent employment, permissions for engagement of foreign labour force issued by the local executive body or permit to labor immigrant issued by internal affairs bodies;"

      4) subparagraph 1) of paragraph 1 of article 57 shall be read as follows:

      "1) if the permit to engage foreign labour is revoked by the local executive bodies or residence permit is expired";

      5) subparagraph 3) of Article 60 shall be read as follows:

      "3) conclusion of labor contract with foreigners and stateless persons without properly received certificates on qualification conformity for independent employment or permission for engagement of foreign labor force or in disregard of restrictions or withdrawals established by the laws of the Republic of Kazakhstan";

      3. Shall be declared to be no longer in effect from the date of this Code entry into force;

      1) Labor Code of the Republic of Kazakhstan dated May 15, 2007 (Statements of the Parliament of the Republic of Kazakhstan, 2007, No. 9, article 65; No. 19, article 147; No. 20, article 152; No. 24, article 178; 2008, No. 21, article 97; No. 23, article 114; 2009, No. 8, article 44; No. 9-10, article 50; No. 17, article 82; No. 18, article 84; No. 24, article 122, 134; 2010, No. 5, article 23; No. 10, article 48; No. 24, articles 146, 148; 2011, No. 1, articles 2, 3; No. 11, artice 102; No. 16, article 128; 2012, No. 3, article 26; No. 4, article 32; No. 5, article 41; No. 6, article 45; No. 13, article 91; No. 14, article 92; No. 15, article 97; No. 21-22, article 123; 2013, No. 2, article 13; No. 3, article 15; No. 7, article 36; No. 9, article 51; No. 10-11, article 56; No. 14, article 72, 75; No. 15, articles 78, 81; No. 16, article 83; No. 23-24, article 116; 2014, No. 2, article10; No. 7, article 37; No. 8, articles 44, 49; No. 11, article 67; No. 14, article 84; No. 16, article 90; No. 19-I, 19-II, article 96; No. 21, article 122; No. 23, article 143; 2015, No. 1, article 2; No. 3, article 13; No. 7, article 33; No. 8, article 45; No. 10, article 50; No. 11, article 56; No. 14, article 72; No. 15, article 78);

      2) Law of the Republic of Kazakhstan "On Implementation of the Labor Code of the Republic of Kazakhstan" dated May 15, 2007 (Statements of the Parliament of the Republic of Kazakhstan, 2007, No. 9, article 66).

      President of the Republic of Kazakhstan N. NAZARBAYEV


Labour code of the Republic of Kazakhstan

Code of the Republic of Kazakhstan dated 23 November, 2015 no. 414-V.

         Unofficial translation

GENERAL PART SECTION 1. GENERAL PROVISIONS Chapter 1. BASIC PROVISIONS

 Article 1. Basic definitions used in this Code

      1. The following basic definitions are used in this Code:

      1) civil service - professional activities of civil servants in the performance of official powers, aimed at implementation of the tasks and functions of state enterprises, government agencies, implementation of technical services and ensuring functioning of state bodies;

      2) civil servant - a person who, in the manner prescribed by the legislation of the Republic of Kazakhstan, holds a paid staff position in state enterprises and government agencies and performs official powers in order to implement tasks and functions thereof, maintain and ensure functioning of state bodies;

      3) minimum monthly salary - a guaranteed minimum rate of monetary payments to an employee of simple unqualified (least complex) labour when performing his labour duties under normal conditions and at normal working hours, established by this Code, per month;

      4) special clothes - clothes, shoes, headgear, mittens, other personal protective clothing designed to protect the employee from harmful and (or) hazardous production factors;

      5) heavy work - the employee’s activities associated with constant movement, manual moving and carrying (ten kilograms or more) of weights and requiring greater physical effort (energy consumption more than 250 kcal / hour);

      6) shift work - work in two or in three or four working shifts during twenty-four hours;

      7) social partnership - a system of relationships between employees (representatives of employees), employers (representatives of employers), and government bodies, aimed at ensuring coordination of interests thereof on regulation of labour relations and others directly related to labour relations;

      8) general, sectoral, regional agreement (hereinafter - agreement) - legal act in the form of a written agreement concluded between the parties of social partnership, defining the content and obligations of the parties to establish working conditions, employment and social guarantees for employees at the republican, sectoral and regional levels;

      9) non-compete clause - the terms of non-compete clause limiting the employee’s right to take actions that could harm the employer;

      10) idle time - temporary suspension of work for reasons of an economic, technological, organizational, other industrial or natural nature;

      11) qualification category (grade) - the level of requirements for employee qualifications, reflecting complexity of work performed;

      12) mediator - an individual or legal entity engaged by the parties to an labour relations to provide services for resolving a labor dispute;

      13) leave - release of the employee from work for a certain period to ensure the employee’s annual rest or social goals, while retaining his place of work (position) and, in the cases established by this Code, average salary;

      14) labour - human activities aimed at creating material, spiritual and other values necessary for life and meeting the needs of human and society;

      15) occupational health - a set of sanitary and epidemiological measures and means to preserve the health of employees, to prevent adverse effects of working environment and labour process;

      16) labour dispute - disagreements between the employee (s) and the employer (s) on application of the labour legislation of the Republic of Kazakhstan, implementation or amendment of the terms of agreements, labour and (or) collective agreements, acts of the employer;

      17) working conditions – the terms of payment, standardization of labour, performance of labour duties, working hours and rest time, procedure of combining professions (positions), expanding service areas, performing duties of temporarily absent employee, labour safety and protection, technical, production and working conditions, as well as other working conditions agreed upon by the parties;

      18) authorized state body for labour- the central executive body that exercises leadership and inter-sectoral coordination in labour relations in accordance with the legislation of the Republic of Kazakhstan;

      19) Local Labour Inspectorate - structural subdivision of local executive bodies of oblast, city of republican significance, of the capital, performing powers within the respective administrative-territorial unit in labour relations in accordance with the legislation of the Republic of Kazakhstan;

      20) payment for work - a system of relations related to provision by the employer of compulsory payment to the employee of remuneration for his work in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan, as well as agreements, labour and collective agreements and acts of the employer;

      21) labour relations - relations between the employee and the employer, arising from exercise of the rights and duties provided for by the labour legislation of the Republic of Kazakhstan, agreements, labour and collective agreements and acts of the employer;

      22) relations directly related to labour - relations developing in organization and management of labour, employment, occupational training, retraining and raising of qualification of employees, social partnership, collective bargaining and agreements, participation of employees (employees' representatives) in establishment of working conditions in cases stipulated by this Code, resolution of labour disputes and control over compliance with the labour legislation of the Republic of Kazakhstan;

      23) labour safety - the state of protection of employees, provided by a set of measures that exclude impact of harmful and (or) hazardous production factors on employees in the course of their labour activities;

      24) labour safety conditions - the compliance of labour process and working environment with the requirements of safety and labour protection when the employee performs his labour duties;

      25) monitoring of safety and labour protection - a system of monitoring of the state of safety and labour protection at work, as well as assessment and forecast of the state of safety and labour protection;

      26) standards in safety and labour protection - ergonomic, sanitary-epidemiological, psycho-physiological and other requirements that ensure normal and safe working conditions;

      27) accident related to labour activities - impact on the employee of harmful and (or) hazardous production factor in performance of his labour (official) duties or tasks of the employer, which resulted in occupational injury, sudden deterioration in health or poisoning of the employee leading to temporary or permanent disability or death;

      28) labour duties - obligations of the employee and the employer, stipulated by the regulatory legal acts of the Republic of Kazakhstan, act of the employer, labour and collective bargaining agreements;

      29) work experience - time in calendar terms, spent by employee on performance of labor duties, as well as other periods included in work experience in accordance with this Code;

      30) labour discipline - proper fulfillment by the employer and employees of obligations established by the regulatory legal acts of the Republic of Kazakhstan, as well as agreements, labor and collective agreements, acts of the employer, constituent documents;

      31) labor routine - the procedure for regulating relations on organization of labour of the employees and the employer;

      32) labour protection - a system of ensuring safety of the life and health of employees in the course of labour activities, including legal, socio-economic, organizational and technical, sanitary and epidemiological, therapeutic and preventive, rehabilitation and other measures and means;

      33) technical inspector of labour protection - a representative of the employees, carrying out internal control over safety and labour protection;

      34) standardizing of work - determining the necessary expenditure of labour (time) for performance of work (production of a unit of production) by employees in specific organizational and technical conditions and establishment of labour standards on this basis;

      35) safe working conditions - working conditions in which the levels of impact of production factors on employees do not exceed established standards;

      36) labor agreement - a written agreement between the employee and the employer, in accordance with which the employee undertakes to personally perform a certain job (labour function), comply with labor routine, and the employer undertakes to provide the employee with a stipulated labour function, to ensure working conditions stipulated by this Code, the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, collective agreement, acts of the employer, pay salary to the employee in full and in time;

      37) salary - remuneration for work depending on the qualifications of the employee, complexity, quantity, quality and conditions of work performed, as well as payments of compensatory and incentive nature;

      38) personal protective clothing - means intended to protect the employee from the effects of harmful and (or) hazardous production factors, including special clothing;

      39) employer - an individual or legal entity with whom the employee has labour relations;

      40) representatives of employers - individuals and (or) legal entities authorized on the basis of constituent documents and (or) powers of attorney to represent the interests of the employer or group of employers;

      41) acts of the employer - decrees, orders, instructions, rules, regulations, shift schedules, shift schedules, leave schedules issued by the employer;

      42) declaration of activities of the employer - a procedure for recognizing activities of the employer that meets the requirements of the labour legislation of the Republic of Kazakhstan, on the basis of application submitted by him;

      43) employee - an individual who has labour relations with the employer and directly performs work under labor agreement;

      44) employees' representatives - bodies of trade unions, their associations, and in their absence, elected representatives elected and authorized at a general meeting (conference) of employees by a majority vote of participants, with at least two thirds of the employees (conference delegates) present;

      45) workplace - a place of permanent or temporary stay of the employee while performing his labour duties in the process of labour activities;

      46) work tariffing - the assignment of work performed to a certain complexity in accordance with the Unified Tariff Qualification Directory of works and professions of employees and the Qualification Directory of chiefs, professionals and other employees, tariff qualification characteristics of professions of employees and standard qualification characteristics of chiefs, professionals and other employees of organizations;

      47) working time - the time during which the employee in accordance with the acts of the employer and the terms of labor agreement performs labour duties, as well as other periods of time that are in accordance with this Code, other regulatory legal acts of the Republic of Kazakhstan, collective agreement, act of the employer related to working time;

      48) summarized recording of working time - recording of working time by summing it up for recording period established by the employer;

      49) harmful working conditions - working conditions that are characterized by presence of harmful production factors;

      50) harmful production factor - a production factor, impact of which on the employee may lead to illness or reduced working capacity and (or) a negative impact on health of generation;

      51) occupational disease - a chronic or acute illness caused by exposure to the employee of harmful and (or) hazardous production factors when the employee performs his labour (official) duties;

      52) guarantees - means, methods and conditions by which implementation of the rights granted to employees in social and labour relations is ensured;

      53) safety standards - qualitative and quantitative indicators characterizing production conditions, production and labour process from the point of view of ensuring organizational, technical, sanitary and hygienic, biological and other norms, rules, procedures and criteria aimed at preserving the life and health of employees in process of their labour activities;

      54) hazardous working conditions - working conditions in which exposure to certain occupational or unavoidable natural factors leads to occupational injury, sudden deterioration in the health or poisoning of the employee, resulting in temporary or permanent disability, occupational illness or death;

      55) hazardous production factor - a production factor, impact of which on the employee may lead to temporary or permanent disability (occupational injury or occupational disease) or death;

      56) spare-time work - the employee performs other regular paid work on the terms of labor agreement in his spare time;

      57) foreign employee of a state body - a foreigner who is involved in a state body under labor agreement;

      58) holidays - days of national and state holidays of the Republic of Kazakhstan;

      59) basic salary - a relatively constant part of salary, including payment at tariff rates, official salaries, piece-rates, and stipulated by the labour legislation of the Republic of Kazakhstan, industry agreements, collective and (or) labor agreements of permanent nature;

      60) production equipment - machines, mechanisms, devices, apparatus, appliances and other technical means necessary for work, production;

      61) occupational injury - damage to the health of the employee, received during performance of his labour duties, resulting in disability;

      62) production necessity - performing work to prevent or eliminate a natural disaster, accident or immediate elimination of their consequences, to prevent accidents, idle time, death or damage to property and in other exceptional cases, as well as to replace temporarily absent employee;

      63) production activities - a set of actions of employees with use of labour means necessary for transformation of resources into finished products, including production and processing of various types of raw materials, provision of various types of services and performance of work;

      Sub-paragraph 64 is set out as amended by Article 204 (effective as on January 1, 2017) (refer to earlier version)

      64) specialized organizations for certification of production facilities - organizations that carry out activities for certification of production facilities for working conditions, have qualified personnel and have testing laboratories accredited in accordance with the legislation of the Republic of Kazakhstan

      65) certification of production facilities for working conditions - assessment of production facilities (shops, sites, workplaces, as well as other detached units of employers engaged in production activities) in order to determine state of safety, harmfulness, severity, intensity of work performed on them, occupational health and determination of compliance of working environment with the standards in safety and labour protection;

      66) industrial sanitation - a system of sanitary and hygienic, organizational measures and technical means that prevent or reduce impact of harmful production factors on employees;

      67) production factors - technical, sanitary, hygienic, household and other conditions affecting the employee in accordance with legislative and other regulatory legal acts of the Republic of Kazakhstan;

      68) gross negligence - actions of the employee, contributing to violation of the rules of labour protection and safety of their health;

      69) compensation payments - cash payments related to a special mode of work and working conditions, loss of work, reimbursement of costs to employees associated with performance of their labour or other duties stipulated by the laws of the Republic of Kazakhstan, as well as payments related to occupational training, retraining and raising of qualification of employees or other persons who are not in labour relations (hereinafter - the trainee);

      70) inter-category coefficient - the ratio between tariff rates of adjacent tariff-qualification categories;

      71) tariff system - a type of salary system, in which the employees’ salaries are determined differentially based on tariff rates (salaries) and tariff scale;

      72) tariff scale - a set of tariff categories and tariff coefficients, providing for differentiation based on complexity of work performed and qualifications of employees;

      73) tariff rate (salary) - a fixed amount of payment for labour for performance of labour duties of certain complexity (qualification) per unit of time;

      74) tariff category - a level of complexity of work and an indicator of qualification level necessary to perform this work;

      Sub-paragraph 75 is set out as amended by the Law of the Republic of Kazakhstan dated May 24, 2018 No. 156-VI (refer to earlier version)

      75) disciplinary penalty - a disciplinary measure of influence on an employer, applied by the employer or the first chief of national managing holding in cases stipulated by the laws of the Republic of Kazakhstan for disciplinary offense;

      76) disciplinary offense – a violation of labour discipline by an employee, as well as improper performance of labour duties;

      77) rest time - time during which the employee is free from performing labour duties and which can be used at his discretion;

      78) means of collective protection - technical means intended for simultaneous protection of two or more employees from exposure to harmful and (or) hazardous production factors;

      79) collective contract - a legal act in the form of a written agreement, concluded between employees represented by their representatives and the employer, regulating social and labour relations in organization;

      80) overtime work - work performed by the employee at the initiative of the employer beyond established working hours (in excess of normal amount of working hours for recording period);

      81) notification - a written application of an employee or employer or applications filed in another way (courier mail, postal service, facsimile communication, e-mail and other information and communication technologies);

      82) business trip – sending of the employee on the order of the employer to perform labour duties for a certain period outside the place of permanent work in another locality, as well as sending the employee to another locality for training, raising og qualification or retraining.

      2. Other special definitions and terms of the labour legislation of the Republic of Kazakhstan are used in meanings defined in relevant articles of this Code.

Article 2. Labour legislation of the Republic of Kazakhstan

      1. The labour legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of this Code, the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.

      2. It is prohibited to include the norms regulating labour relations, social partnership and labour protection in other laws of the Republic of Kazakhstan, except for the cases stipulated by this Code.

      3. If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Code, then the rules of an international treaty shall apply.

      International treaties ratified by the Republic of Kazakhstan are applied directly to labour relations, except for the cases when it follows from the international treaty that a law is required for its application.

Article 3. Goal and objectives of the labour legislation of the Republic of Kazakhstan

      1. The goal of the labour legislation of the Republic of Kazakhstan is the legal regulation of labour relations and other relations directly related to labour, aimed at protecting the rights and interests of the parties to labour relations, establishing minimum guarantees of rights and freedoms at work.

      The objectives of the labour legislation of the Republic of Kazakhstan are creation of necessary legal conditions aimed at achieving a balance of interests of the parties to labour relations, social stability and public consent.

Article 4. Principles of labour legislation of the Republic of Kazakhstan

      The principles of the labour legislation of the Republic of Kazakhstan are:

      1) inadmissibility of limiting the rights of a person and citizen at work;

      2) freedom of work;

      3) prohibition of discrimination at work, compulsory labour and the worst forms of child labour;

      4) ensuring the right to working conditions that meet safety and hygiene requirements;

      5) priority of the life and health of the employee;

      6) ensuring the right to remuneration for labour not lower than minimum salary;

      7) ensuring the right to rest and leisure;

      8) equality of rights and opportunities for employees;

      9) ensuring the right of employees and employers to unite in order to protect their rights and interests;

      10) assistance of the state in strengthening and development of social partnership;

      11) state regulation of safety and labour protection issues.

Article 5. Freedom of work

      Everyone has the right to freely choose work or freely agree to work without any discrimination and forcing to it, the right to exercise own abilities to work, to choose a profession and occupation.

Article 6. Prohibition of discrimination in labor

      1. Everyone has equal opportunities in the exercise of their rights and freedoms at work. No one may be limited in rights in labor, except in cases and in the manner provided for by this Code and other laws of the Republic of Kazakhstan.

      2. No one may be subjected to any discrimination in the exercise of labour rights on grounds of origin, social, official and property status, gender, race, nationality, language, attitude to religion, belief, place of residence, age or physical disabilities, as well as belonging to public associations.

      3. Discrimination does not constitute discrimination, exceptions, preferences and restrictions that, in accordance with the laws of the Republic of Kazakhstan, are established for relevant types of work or are due to special care of the state for persons in need of increased social and legal protection.

      4. Persons who consider that they have been subjected to discrimination at work shall have the right to apply to a court or other authorities in the manner established by the laws of the Republic of Kazakhstan.

Article 7. Prohibition of forced labour

      Forced labour is prohibited.

      Forced labour means any work or service required from a person under the threat of any punishment for which this person has not voluntarily offered his services.

      Forced labour is allowed only:

      due to a court verdict that has entered into legal force, provided that the work will be done under supervision and control of state bodies and that the person who performs it will not be ceded or transferred to individuals and (or) legal entities;

      in a state of emergency or martial law.

Article 8. Scope of this Code

      1. This Code regulates the relations:

      1) labour;

      2) directly related to labour;

      2) social partnership;

      4) on safety and labour protection.

      2. This Code applies to employees and employers located on the territory of the Republic of Kazakhstan, including branches and (or) representative offices of foreign legal entities that have been registered, unless otherwise provided by laws and international treaties ratified by the Republic of Kazakhstan.

      3. Features of legal regulation of labour of certain categories of employees are established by this Code and other laws of the Republic of Kazakhstan.

      4. The laws of the Republic of Kazakhstan shall not reduce the level of rights, freedoms and guarantees established by this Code.

Article 9. Minimum social standards in labor matters

      The minimum monthly salary, the duration of daily work (work shift), the basic paid annual leave are the minimum social standards in labor in accordance with the Law of the Republic of Kazakhstan “On minimum social standards and their guarantees”.

Article 10. Labor agreements, agreements of social partnership parties, collective agreements, acts of the employer in labor matters

      1. Labor relations, as well as other relations directly related to labour relations, are governed by the labor agreement, the act of the employer, agreement and collective agreement.

      2. Provisions of the agreements of the social partnership parties, collective, labor agreements, acts of employers worsening the situation of employees compared to the labor legislation of the Republic of Kazakhstan are recognized as invalid and are not applicable.

      3. The terms of agreements, collective and labor agreements may not be changed unilaterally.

Article 11. Acts of the employer

      The employer shall issue acts within the limits of own competence in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan, the labor agreement, agreements and collective agreement.

Article 12. Procedure for taking into account the opinions of the representatives of employees when issuing acts of the employer

      1. The employer in the cases provided for by the agreements, collective agreement, issues acts taking into account the opinions of representatives of employees.

      2. The employer shall submit draft act of the employer and justification for it to the representatives of employees. If there are several representatives of employees, they create a single representative body to take into account opinions on the acts of the employer, size of which is proportional to number of employees they represent.

      3. The draft act of the employer is discussed by the representatives of employees no more than five working days from the date of its submission. If the representatives of employees fail to provide the decision within the timelines established by this Code, the employer has the right to adopt act without taking into account the opinion.

      4. The decisions of representatives of employees are drawn up in a protocol, which indicates agreement (disagreement) with draft act of employer of representatives of employees, if available, sets out their proposals.

      5. If the opinion of the representatives of employees does not contain agreement with the draft act of the employer or contains proposals for its change, the employer:

      1) if agreed, issues an act amended taking into account proposals of the representatives of employees;

      2) in case of disagreement, have the right to conduct additional consultations with representatives of employees.

      6. In case of failure to reach agreement on draft acts of the employer, for Issue of which in accordance with agreements, collective agreement requires consideration of the views of the representatives of the employees, disagreements arising are documented by protocol signed by one representative of the employer and employees, after which the employer has the right to accept act.

      7. If the issued act of the employer contains provisions that violate or impair the rights and guarantees of employees, provided for in this Code, labour and collective agreements, agreements, it may be appealed to Local Labour Inspectorate or the court.

Article 13. Calculation of time periods established by this Code

      1. The time period established by this Code, labour or collective agreement, agreements is determined by a calendar date, the expiration of a period of time, which is calculated in years, months, weeks or days. The time period may also be determined by indicating the event that is due to come.

      2. In the cases provided for by this Code, the time period shall be calculated in working days.

      Course of procedural period, determined by the period, shall start on the next day after calendar date or event, which defined its start.

      4. The time periods, calculated in years, months, weeks, expire on the corresponding dates of the last year, month, week. If the expiration of a time period calculated in months falls on a month in which there is no corresponding date, then the time period expires on the last day of this month. The time period calculated in calendar weeks or days includes non-working days.

      5. If the last day of time period falls on a non-working day, then the first working day following it is considered the expiration date, unless otherwise provided by this Code.

Article 14. Responsibility for violation of labour legislation of the Republic of Kazakhstan

      Persons guilty of violating the labour legislation of the Republic of Kazakhstan shall be liable in accordance with the laws of the Republic of Kazakhstan.

Chapter 2. STATE REGULATION IN LABOUR RELATIONS

Article 15. Competence of the Government of the Republic of Kazakhstan in labour relations regulation

      The Government of the Republic of Kazakhstan:

      1) develops main directions and ensures implementation of state policy in labour, safety and labour protection;

      2) determine size of social security for temporary disability;

      3) approves Standard provision on the conditions of payment for work and bonuses for executives of national companies, joint-stock companies, whose controlling block of stoke are owned by the state;

      4) approves system of payment for work of civil servants, employees of organizations maintained at the expense of the state budget, employees of state enterprises;

      5) concludes general agreement with republican associations of employers and republican associations of employees;

      6) establishes procedure for adoption of regulatory legal acts in safety and labour protection by relevant authorized bodies;

      24) performs other functions entrusted to it by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.


      Article 16. Competence of the authorized state body for labour in labour relations regulation

      The authorized state body for labour:

      1) implements the state policy in labour, safety and labour protection;

      2) organizes state control over compliance with the labour legislation of the Republic of Kazakhstan, including safety and labour protection requirements, legislation of the Republic of Kazakhstan on employment of population, and coordinates activities and verifies activities ofLocal Labour Inspectorate;

      3) provides methodological guidance and coordination of local executive bodies in labour relations regulation;

      4) requests necessary information from Local Labour Inspectorate on labour relations issues;

      5) coordinates appointment of the chief state labour inspector of region, city of republican significance, the capital;

      6) coordinates the activities of state bodies in development of technical regulations in safety and labour protection;

      7) coordinates and interacts in safety and labour protection with other government agencies, as well as with representatives of employees and employers;

      8) establishes procedure for development, approval, replacement and revision of labour standards by the employer, model standards and labour standards, common and (or) intersectoral, model standards and labour standards for all fields of activities;

      9) develops and approves list of names of positions of employees related to administrative personnel;

      10) establishes procedure for submission, review and approval of labour standards in organizations, for the services (goods, works) of which the state regulation of tariffs (prices, charge rates) is introduced;

      11) establishes procedure for submission, review and approval of parameters for system of payment for labor for employees of organizations, for services (goods, works) of which the state regulation of tariffs (prices, charge rates) is introduced;

      12) registers sectoral and regional agreements concluded at the level of the oblast (the city of republican significance, the capital);

      13) conducts training and certification of state labour inspectors;

      14) controls timely and objective investigation of accidents related to labour activities, in the manner prescribed by this Code and other regulatory legal acts of the Republic of Kazakhstan;

      15) carries out international cooperation in labour relations regulation;

      16) determines procedure for development, revision, approval and application of the Unified Tariff Qualification Directory of works and professions of employees, tariff qualification characteristics of professions of employees, Qualification Directory of chiefs, professionals and other employees, as well as standard qualification characteristics of chiefs, professionals and other employees of organizations;

      Article is amended by adding subparagraphs 16-1 and 16-2 in accordance with the Law of the Republic of Kazakhstan dated April 6, 2016, No. 483-V

      16-1) develops and approves the Unified Tariff and Qualification Directory of works and professions of employees, tariff and qualification characteristics of professions of employees, qualification directory of positions of chiefs, professionals and other employees;

      16-2) develops and approves qualification characteristics of individual positions of professionals of state institutions and state enterprises, common to all activities;

      Sub-paragraph 17 is set out as amended by the Law of the Republic of Kazakhstan dated April 6, 2016 No. 483-V (refer to earlier version)

      17) considers and approves qualification directories or standard qualification characteristics of positions of chiefs, professionals and other employees of organizations of various types of economic activities, developed and approved by authorized state bodies of relevant activities;

      18) determines list of industries, workshops, professions and positions, list of hard work, work with harmful and (or) hazardous working conditions, work in which gives the right to reduced working hours, additional paid annual leave and increased salary, and also procedure for their submission (hereinafter - the List of industries, workshops, professions and positions, the list of hard work, work with harmful and (or) hazardous working conditions);

      19) creates a commission to investigate group accidents in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan;

      20) organizes monitoring and risk assessment in safety and labour protection;

      21) approves standard provision on labour arbitration;

      22) establishes a unified procedure for calculating average salary;

      23) determines procedure for admission to the civil service and competition for vacancy of a civil servant;

      24) determines general requirements for professional training, retraining and raising of qualification of personnel in organization;

      25) approves form, procedure for maintaining and storing workbooks;

      26) approves list of works in which the use of labour of employees under the age of eighteen years, the maximum rates of carrying and lifting loads by employees under the age of eighteen years are prohibited;

      27) approves list of works for which the use of women's labour is prohibited, the maximum rates for manually lifting and moving weights by women;

      28) approves standard provision on service of safety and labour protection in organization;

      29) determines procedure for mandatory periodic certification of production facilities for working conditions;

      30) determines procedure and terms for conducting training, instructing and testing of knowledge on safety and labour protection of employees;

      31) establishes procedure for development, approval and revision of instructions on safety and labour protection by the employer;

      32) determines procedure for appointment and payment of social security for temporary disability;

      33) approves procedure for issuing milk or equivalent food products, medical and preventive nutrition, special clothes and other personal protective clothing to employees, and also establishes procedure for providing them with collective protection clothing, sanitary facilities and devices at the expense of the employer;

      34) approves, as agreed with central authorized body for budget planning, the norms for issuing milk or equivalent food products to medical and preventive nutrition to employees;

      35) approves, as agreed with central authorized body for budget planning, the norms for issuing special clothing and other personal protective clothing for employees of organizations of various kinds of economic activities;

      36) develops and approves procedure for declaring activities of the employer;

      37) determines the priorities of scientific research in safety and labour protection and labour relations regulation;

      38) organizes development of scientific, scientific and technical projects and programs funded from the state budget, and implements them;

      39) develops and approves form of recording for collective labour disputes;

      40) develops and approves unified inter-sectoral standards for the number of employees providing technical services and functioning of state bodies;

      Article is amended by adding subparagraph 40-1 in accordance with the Law of the Republic of Kazakhstan dated April 6, 2016, No. 483-V

      40-1) coordinates industry standards for the number of employees who provide technical services and functioning of state bodies, which are developed and approved by the state bodies of relevant areas of activities in accordance with procedure established by the authorized state body for labour;

      41) coordinates registers of civil servants' posts, developed and approved by relevant authorized state bodies of relevant areas of activities;

      42) exercises other powers provided for by this Code, laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 17. Competence of Local Labour Inspectorate

      Local Labor Inspectorate:

      1) exercises state control over compliance of the labour legislation of the Republic of Kazakhstan, including safety and labour protection requirements;

      2) monitors collective agreements submitted by employers;

      3) analyzes the causes of occupational injuries, occupational diseases, occupational poisoning and develops proposals for their prevention;

      4) investigates accidents related to employment in the manner established by this Code and other regulatory legal acts of the Republic of Kazakhstan;

      5) conducts an examination of knowledge of persons responsible for ensuring safety and labour protection at employers;

      6) excluded in accordance with the Law of the Republic of Kazakhstan dated May 24, 2018, No. 156-VI (refer to earlier version)

      7) interacts with representatives of employees and employers on improvement of standards of safety and labour protection;

      8) considers appeals of employees, employers and their representatives on safety and labour protection issues;

      9) monitors certification of production facilities for working conditions;

      10) excluded in accordance with the Law of the Republic of Kazakhstan dated May 24, 2018, 156-VI (refer to earlier version)

      11) submits periodic reports to the authorized state body for labour, as well as the results of monitoring the state of safety and labour protection based on safety and labour protection information system;

      12) monitors collective labour disputes in the form established by the authorized state body for labour;

      13) submits necessary information on labour relations to the authorized state body for labour;

      14) declares the activities of the employer.

Article 18. Competence of local executive bodies in labour relations regulation

      Local executive bodies:

      1) implement the state policy in labour, safety and labour protection;

      Refer to the amendments to subparagraph 2 - the Law of the Republic of Kazakhstan dated June15, 2017, No. 73-VI (shall be enforced on January 1, 2019)

      2) as agreed with local representative body, determine the list of positions of specialists in healthcare, social welfare, education, culture, sports and veterinary medicine who are civil servants and work in rural areas;

      3) register sectoral and regional agreements concluded at the city, district level;

      4) coordinate the conduct of strikes in organizations providing vital activities of population (public transport, organizations providing water, electricity, heat);

      5) conclude regional (oblast, city, district) agreements with regional associations of employers and regional associations of employees;

      6) review and agree on the parameters of payment for work system for employees of organizations whose services (goods, works) introduce state regulation of tariffs (prices, charge rates) in the manner prescribed by the authorized state body for labour;

      7) establish a quota for employment of categories of population defined by the laws of the Republic of Kazakhstan;

      8) exercise in the interests of local government other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.

 Chapter 3. ENTITIES OF LABOUR RELATIONS. GROUNDS
FOR LABOUR RELATIONS

Article 19. Entities of labour relations

      The entities of labour relations are the employee and the employer.

      The head of branch or representative office of foreign legal entity exercises all rights and performs all the duties of the employer on behalf of this legal entity.

Article 20. Representatives of the employees and their powers

      1. The interests of employees within the powers delegated to them are represented by the bodies of trade unions in accordance with the Law of the Republic of Kazakhstan “On Trade Unions”, and in their absence, elected representatives.

      2. Employees who are not members of a trade union who did not participate in election of elected representatives of employees are entitled to delegate the right to represent their interests to trade union bodies, elected representatives of employees. On the basis of a written statement of the employee, trade union bodies, elected representatives of the employees, ensure representation of his interests.

      3. Elected representatives of employees have the right to:

      1) represent and protect the labour rights and interests of employees;

      2) to conduct collective bargaining with the employer for development of projects and collective agreements;

      3) in accordance with collective agreements visit workplaces to study and take measures to ensure normal working conditions;

      4) to participate in settlement of labour disputes between the employee and the employer in the manner established by this Code.

Article 21. Grounds for labour relations

      1. Labour relations arise between an employee and an employer on the basis of labor agreement concluded in accordance with this Code, with exception of cases established by the laws of the Republic of Kazakhstan.

      2. In the cases and in the manner established by the laws of the Republic of Kazakhstan, constituent documents, acts of the employer, conclusion of labor agreement may be preceded by the following procedures:

      1) election to position;

      2) election on competition for occupation of relevant position;

      3) appointment to position or approval of apointment;

      4) referral to work by the authorized laws of the Republic of Kazakhstan for the account of the established quota;

      5) court decision on conclusion of labor agreement.

      3. Labor relations with the chief of executive body of legal entity are carried out in accordance with this Code, the laws of the Republic of Kazakhstan, constituent documents and labor agreement.

Article 22. Basic rights and obligations of employee

      1. The employer shall be entitled to:

      1) conclude, amend, add, terminate of labor agreement in the manner and on the conditions provided for by this Code;

      2) require from the employer to fulfill the conditions of labor and collective agreements;

      3) safety and labor protection;

      4) obtain complete and reliable information on the state of working conditions and labor protection;

      5) in time and in full payment of salary in accordance with the terms of labor and collective agreements;

      6) pay for idle time in accordance with this Code;

      7) rest, including paid annual leave;

      8) association, including the right to form a trade union, as well as membership in it, for provision and protection of their labour rights, unless otherwise provided by the laws of the Republic of Kazakhstan;

      9) participate through their representatives in collective negotiations and development of draft collective agreement, as well as familiarization with signed collective agreement;

      10) compensate for harm caused to health related to performance of labour duties;

      11) mandatory social insurance;

      12) insurance against accidents in performance of labor (official) duties;

      13) guarantees and compensation payments;

      14) protect their rights and legitimate interests by all means not contrary to the law;

      15) equal pay for equal work without any discrimination;

      16) appeal for settlement of individual labor dispute successively to the conciliation commission, court in the manner provided for by this Code;

      17) work place equipped in accordance with the requirements on safety and labour protection;

      18) provision of the means of individual and collective protection with special clothing in accordance with the requirements stipulated by the legislation of the Republic of Kazakhstan, as well as labour and collective agreements;

      19) refusal to perform work in the event of situation that creates a threat to his/her health or life, with notice to the direct chief or representative of the employer;

      20) appeal to the authorized state body for labor and (or) to the local labor inspection body to conduct a survey of safety and labour protection at work, as well as to participate in inspection and consideration of issues related to improvement of conditions, safety and labor protection;

      21) appeal of actions (failure to act) of the employer in labour relations and directly related to them;

      22) payment for work in accordance with the qualifications, complexity of work, quantity and quality of work performed, as well as working conditions;

      23)settlement of individual and collective labour disputes, including the right to strike, in accordance with procedure established by this Code and other laws of the Republic of Kazakhstan;

      24) ensure the protection of personal data stored by the employer.

      2. The employee shall be obliged to:

      1) perform labor duties in accordance with agreements, labor and collective agreements, acts of the employer;

      2) comply with labor discipline;

      3) comply with the requirements for safety and labour protection, fire safety, industrial safety and production sanitation at work place;

      4) take good with respect to property of the employer and employees;

      5) inform the employer on situation that has arisen, which represents a threat to the life and health of people, the safety of property of the employer and employees, as well as occurrence of idle time;

      6) not to disclose information which is state secret, official, commercial or other legally protected secret, which become known to them due to implementation of labour duties;

      7) reimburse the employer for damage caused within the limits established by this Code and other laws of the Republic of Kazakhstan.

      3. The employee has other rights and performs other duties provided for in this Code.

Article 23. Basic rights and duties of employer

      1. The employer shall be entitled to:

      1) freedom of choice upon entry into employment;

      2) amend, add, terminate labor agreements with employees in the manner and on the grounds established by this Code;

      3) issue, within the limits of its authority, acts of the employer;

      4) create and join associations for the purposes of representation and protection of their rights and interests;

      5) require employees to fulfill the conditions of labour and collective agreements, labour regulations and other acts of the employer;

      6) encourage employees, impose disciplinary penalties, bring employees to liability in the cases and in the manner provided for by this Code;

      7) compensate for damage caused by the employee during performance of his labour duties;

      8) apply to the court in order to protect their rights and legitimate interests in labour;

      9) establish a probationary period for the employee;

      10) provide employees with professional training, retraining and raising of qualification in accordance with this Code;

      11) reimburse their costs associated with training of the employee, in accordance with this Code;

      12) appeal for resolution of individual labour dispute successively to the conciliation commission, court in the manner provided for by this Code;

      2. The employer shall be obliged to:

      1) comply with the requirements of the labour legislation of the Republic of Kazakhstan, agreements, collective and labor agreements, acts issued by them;

      2) upon entry into employment, conclude labor agreements with employees in the manner and on the conditions established by this Code;

      3) demand, upon entry into employment, the documents necessary for concluding labor agreement, in accordance with Article 32 of this Code;

      4) provide the employee with a work due to labor agreement;

      5) pay the employee in time and in full the salary and other payments provided for by the regulatory legal acts of the Republic of Kazakhstan, labour and collective agreements, acts of the employer;

      6) introduce to the employee the labor order rules, other acts of the employer that are directly related to the work (labor function) of the employee, and the collective agreement;

      7) consider proposals of the representatives of the employees and provide the representatives of the employees with full and reliable information necessary for collective bargaining, concluding collective agreements, as well as monitoring their implementation;

      8) hold collective negotiations in the manner established by this Code, to enter into collective agreement;

      9) provide employees with working conditions in accordance with the labor legislation of the Republic of Kazakhstan, labor and collective agreements;

      10) provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labour duties, at their own expense;

      11) provide information to the authorized body on employment issues in accordance with the requirements of the legislation of the Republic of Kazakhstan on employment of population;

      12) comply with the instructions of state labor inspectors;

      13) suspend work if its continuation creates a threat to the life and health of the employee and other persons;

      14) carry out compulsory social insurance of employees;

      15)insure the employee against accidents when it performs labour (official) duties;

      16) provide the annual paid leave to the employee;

      Subparagraph 17 is set out as amended by the Law of the Republic of Kazakhstan dated April 16, 2018 No. 147-VI (refer to earlier version)

      17) ensure the safety and delivery to the state archive of documents confirming labour activities of employees, and information on the withholding and deduction of money for their pension coverage and compulsory social insurance;

      18) warn the employee on harmful and (or) hazardous working conditions and possibility of occupational disease;

      19) take measures to prevent risks at work and in technological processes, to carry out preventive work, taking into account production and scientific and technical progress;

      20) keep records of working time, including overtime, in harmful and (or) hazardous working conditions, in hard work performed by each employee;

      21) compensate for the harm caused to the life and health of employee, in the performance of his labour (official) duties in accordance with this Code and other laws of the Republic of Kazakhstan;

      22) freely allow officials of the authorized state body on labour and the local labour inspectorate, representatives of employees, technical inspectors on labour protection to conduct inspections of the state of safety, conditions and labour protection in organizations and compliance with the legislation of the Republic of Kazakhstan, as well as for investigation of accidents related to work activities and occupational diseases;

      23) ensure the maintenance of registers or other documents determined by the employer, in which the full name (if indicated in identity document) and the date of birth of employees under eighteen years of age are indicated;

      24) collect, process and protect personal data of the employee in accordance with the legislation of the Republic of Kazakhstan on personal data and its protection;

      25) exercise internal control over safety and labour protection.

      3. The employee has other rights and performs other duties provided for in this Code.

SPECIAL PART  SECTION 2. LABOuR RELATIONS Chapter 4. LABOR AGREEMENT

Article 24. Subject of labor agreement

      Under labor agreement, employee undertakes to personally perform work (laboUr function), comply with laboUr regulations, and the employer undertakes to provide employee with stipulated labour function, to ensure working conditions stipulated by this Code, laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, collective agreement , by the acts of the employer, in time and in full to pay salary to the employee.

Article 25. Guarantees of equal rights and opportunities when concluding labor agreement

      1. It is prohibited to violate the equality of rights and opportunities when concluding labor agreement.

      2. Pregnancy, having the children under three-year age, minority, disability may not restrict the right to enter into labor agreement, unless otherwise provided for by this Code.

Article 26. Prohibitions and restrictions on conclusion of labor agreement and employment

      1. It is not allowed to conclude labor agreement:

      1) for performance of work that is against medical advice to a person for health reasons on the basis of a medical opinion;

      2) with citizens under the age of eighteen for hard work, work with harmful and (or) hazardous working conditions, and also for positions and work that provide for the employee’s full liability for failure to preserve the property and other values of the employer, as well as for work, performance of which may harm their health and moral development (gambling, night entertainment, production, transportation and sale of alcohol salt production, tobacco products, narcotic drugs, psychotropic substances and precursors);

      3) with citizens deprived of the right to occupy a certain position or engage in certain activities in accordance with court sentence that has entered into legal force;

      Sub-paragraph 4 is set out as amended by Article 204 (effective as on January 1, 2017) (refer to earlier version)

      4) with foreigners and stateless persons temporarily staying on the territory of the Republic of Kazakhstan, until obtaining permission from the local executive body to recruit foreign labour force or a certificate of qualification for self-employment, issued in the manner determined by the authorized body on migration, foreign employees or until a permit is obtained for the labour immigrant issued by the internal affairs bodies in the manner established by the Ministry of the Internal Affairs of the Republic of Kazakhstan, or without compliance with restrictions or exemptions established by the laws of the Republic of Kazakhstan;

      5) with foreign students and probationers temporarily staying on the territory of the Republic of Kazakhstan who have not submitted certificates from the educational organization stating the form of study or the host organization for occupational training and (or) probation and stay permit for receiving education;

      6) with foreigners and stateless persons temporarily staying on the territory of the Republic of Kazakhstan who have not submitted permission to enter and stay for the purpose of family reunification and document confirming the state of marriage with a citizen of the Republic of Kazakhstan recognized by the legislation of the Republic of Kazakhstan;

      7) for performance of work (provision of services) in the household by one employer - an individual simultaneously with more than five labour immigrants.

      2. The employment is not allowed:

      1) in a commercial organization, except for government agencies and organizations, in the authorized capital of which the state's share is more than fifty percent, including the national managing holdings, national holdings, national companies, national development institutes, shareholder of which is the state, their subsidiaries, more than fifty percent of voting shares (participation shares) of which belong to them, as well as legal entities, more than fifty percent of voting shares (participation shares) of which belong to these subsidiaries, of the person within one year after termination of his public service, if in the last year before termination of public service during execution of government functions, the person by virtue of his official powers directly exercised control in the form of inspections of commercial organization or activities of this commercial organization were directly connected with specified person in accordance with his competence;

      2) in state enterprises on the basis of the right of economic management, national managing holdings, national development institutions, national holdings and national companies, as well as their subsidiaries for a position related to performance of management functions, of the person who previously committed a corruption crime;

      3) in the organization in education, upbringing and development, recreation and rehabilitation, physical culture and sports, medical provision, provision of social services, culture and art with participation of minors, of the persons who have or have been convicted, subjected to criminal prosecution (except for persons, the criminal prosecution against whom was terminated on the basis of subparagraphs 1) and 2) of the part one of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan) for criminal violations: murder, deliberate harm to health, against public health and morality, sexual inviolability, extremist or terrorist crimes, human trafficking;

      4) to women for hard work, work with harmful and (or) hazardous working conditions in accordance with the List of works for which the labour of women is prohibited;

      Sub-paragraph 5 is set out as amended by the Law of the Republic of Kazakhstan dated April 16, 2018 (refer to earlier version)

      5) to spare-time work of employees under the age of eighteen years, and employees engaged in hard work, work with harmful and (or) hazardous working conditions, with exception of medical employees.

Article 27. Difference of labor agreement from other types of agreements

      Distinctive features of labor agreement from other types of agreements are presence of one of the following conditions in it:

      1) performance of work by employee (labour function) for a particular qualification, specialty, profession or position;

      2) fulfillment of obligations personally with subordination of labor routine;

      3) receipt of salary by the employee.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 28. Content of labor agreement

      1. The labor agreement shall contain:

      1) details of the parties:

      full name (if indicated in identity document) of the employer - individual, address of his permanent place of residence and information on registration at place of residence, name, number and date of issue of identity document;

      individual identification number (business identification number);

      name of the legal entity employer and its location, number and date of state registration of the legal entity employer, business identification number;

      full name (if indicated in identity document) of the employee, address of his permanent place of residence and information on registration at place of residence, name, number and date of issue of identity document, individual identification number;

      2) work in a particular specialty, profession, qualification or position (labour function);

      3) place of work performance;

      4) period of labor agreement validity;

      5) date of commencement of work;

      6) working hours and rest time system;

      7) size and other conditions of payment for work;

      8) characteristics of working conditions, guarantees and benefits, if work relates to hard and (or) performed in harmful and (or) hazardous conditions;

      9) rights and duties of the employee;

      10) rights and duties of employer;

      11) procedure for amendment and termination of labor agreement;

      13) liability of the parties;

      13) date of conclusion and serial number.

      2. A labor agreement entered into with a disabled person shall contain conditions for equipping workplaces according to their individual capabilities.

      3. By agreement of the parties, other conditions that are not contrary to the legislation of the Republic of Kazakhstan shall be included in labor agreement.

Article 29. Non-compete clause

      1. By agreement of the parties, agreement on non-competition shall be concluded between the employer and the employee, which provides for obligation of the employee not to carry out actions that could harm the employer.

      2. The agreement on non-competition establishes restrictions and conditions for their adoption, and shall also establish compensation for period of validity of this condition, except for cases when condition on non-competition is provided for by the legislation of the Republic of Kazakhstan.

      3. The list of positions and works held or performed by employees, with whom non-competition agreement may be concluded, shall be approved by the act of the employer.

Article 30. Period of labor agreement

      1. The labor agreement shall be entered into:

      1) for an indefinite period;

      2) for a fixed period of at least one year, except for the cases established by subparagraph 3), 4), 5) and 6) of this paragraph.

      Upon expiration of labor agreement, the parties are entitled to extend it for an indefinite or definite period of at least one year.

      In case of expiry of labor agreement, if none of the parties during the last working day (shift) notified the termination of labour relations in writing, it is considered extended for the same period as previously concluded, except as otherwise provided in paragraph 2 Article 51 of this Code.

      The number of renewals of labor agreement concluded for fixed period of at least one year shall not exceed two times.

      If labour relations continues, the labor agreement is considered to be concluded for an indefinite period;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      3) for the period of performance of certain work;

      4) at the time of replacement of temporarily absent employee;

      5) for duration of seasonal work;

      Sub-paragraph 6 is set out as amended by Article 204 (effective as on January 1, 2017) (refer to earlier version)

      6) within the limits established by the legislation of the Republic of Kazakhstan terms of labour activity of foreign employees arriving for self-employment, issued by the local executive body permits to employ foreign labour force or issued by the internal affairs bodies for settling labour immigrants.

      2. The small business entities may conclude labor agreements with employees for fixed period without restriction provided for in subparagraph 2) of paragraph 1 of this article.

      3. labor agreement with foreign employee of state body shall be concluded for a period determined by the chief of the state body.

      4. Labor agreement with the chief of executive body of legal entity is concluded by the owner of property of legal entity or authorized person (body) or authorized body of legal person or authorized person for the period and in the manner established by the laws of the Republic of Kazakhstan, constituent documents or agreement of the parties.

      In case of expiration of labor agreement concluded with the chief of executive body of legal entity, if neither party no later than the last working day before expiration of labor agreement informed on termination of labour relations, labor agreement is extended for a period until decision is made by the founders, owner of property of legal entity or its authorized person (body) or authorized body of legal entity on election (appointment, approval in position) of a new chief, or the same person, unless another period of extension is not defined by this decision.

      Paragraph 2 is set out as amended by the Law of the Republic of Kazakhstan dated April 6, 2016, No. 483-V (refer to earlier version)

      5. With an employee who has reached retirement age in accordance with paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan “On Pension Coverage in the Republic of Kazakhstan” and having a high professional and qualification level, taking into account its performance, labor agreement can be renewed annually without limitation provided for by the fourth part of paragraph 2) of paragraph 1 of this article.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 31. Age when conclusion of labor agreement is allowed

      1. The conclusion of labor agreement is allowed with citizens who have reached the age of sixteen.

      2. The labor agreement can be concluded with:

      1) citizens who have reached the age of fifteen, in cases when they receive basic secondary, general secondary education in the organization of secondary education;

      2) students who have reached the age of fourteen, to perform work during their free time, which is not harmful to health and does not disrupt learning process;

      3) with persons under the age of fourteen in cinema organizations, theaters, theater and concert organizations, circuses to participate in the creation and (or) performance of works without compromising health and moral development in compliance with the conditions specified in subparagraph 2) of this paragraph.

      3. In the cases specified in paragraph 2 of this article, along with the minor, labor agreement shall be signed by one of his parents, guardian, trustee or adoptive parent.

Article 32. Documents required for conclusion of labor agreement

      1. For conclusion of labor agreement the following documents are required:

      1) identity card or passport (birth certificate for persons under the age of sixteen).

      Oralmans present an oralman certificate issued by local executive bodies;

      2) stay permit or certificate of stateless persons (for foreigners and stateless persons permanently residing in the territory of the Republic of Kazakhstan) or refugee certificate;

      3) document on education, qualification, availability of special knowledge or occupational training at conclusion of labor agreement for work requiring relevant knowledge and skills;

      4) document confirming labour activity (for persons having work experience);

      5) document on passing a preliminary medical examination (for persons obliged to undergo such examination in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan).

      2. In order to conclude labor agreement in education, upbringing, recreation and rehabilitation, physical culture and sports, medical care, social services, culture and art with the participation of minors, person submits certificate on presence or absence of information on the commission of a criminal offense: murder, deliberate harm to health, against public health and morality, sexual inviolability, extremist or terrorist crimes, human trafficking.

      3. When entering the civil service, to work in state enterprises on the right of economic management, national managing holdings, national development institutions, national holdings and national companies, as well as their subsidiaries for a position related to execution of management functions, person submits a certificate on presence or absence of information on commission of a corruption offense.

      4. To conclude labor agreement for spare-time work with another employer, employee submits a certificate on nature and working conditions at the main place of work (place of work, position, working conditions).

      5. The list of documents required for conclusion of labor agreement when attracting foreign employees of state body is determined in accordance with procedure for attracting foreign employees, approved by the Government of the Republic of Kazakhstan.

      6. An employer shall not have the right to require documents not provided for by paragraph 1 of this article, with exception of cases provided for by laws and other regulatory legal acts of the Republic of Kazakhstan.

      Refer to: Answer of the Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan dated April 17, 2018 to the question dated April 5, 2018 No. 491245 (dialog.egov.kz) “The employer's demand for military tickets for conclusion of labor agreement does not contradict paragraph 6 of Article 32 of the Labour Code"

      7. In the event that the employee consents to keep original documents with the employer or to temporarily leave them for procedures established by the legislation of the Republic of Kazakhstan, the employer issues to the employee a written obligation to return the documents.

Article 33. Procedure for conclusion, amendment and addition of labor agreement

      1. The labor agreement shall be concluded in writing in at least two copies and signed by the parties. One copy of labor agreement is kept by the employee and the employer.

      2. Amendments and additions to labor agreement, including when transferring to another job, are made by the parties in writing in the form of an additional agreement in the manner provided for in paragraph 1 of this article.

      Notification of amendments in the terms of labor agreement is filed by one of the parties to labor agreement and is reviewed by the other party within five working days from the date of its submission. The party that received notification of amendments in the terms of labor agreement, including when transferring to another job, is obliged to inform other party on decision made within time period specified in this article.

      3. Admission to work of person is carried out only after conclusion of labor agreement.

      In case of absence and (or) failure to properly execute the labor agreement due to fault of the employer, he shall be liable in the manner established by the laws of the Republic of Kazakhstan. In this case, labour relations is considered to have arisen from the day the employee began to work.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      4. Recognition of labor agreement as invalid due to the fault of the employer does not entail the loss by the former employee of the right to pay, the compensation payment for unused days of paid annual leave, other payments and benefits.

      The recognition as invalid of certain conditions of labor agreement does not entail invalidity of labor agreement as a whole.

Article 34. Execution of entry into employment

      Entry into employment is issued by the act of the employer, issued on the basis of labor agreement.

Article 35. Documents confirming the employer’s labour activities

      The document confirming the employee’s labour activities can be any of the following:

      1) record of employment;

      2) labor agreement with note of the employer on the date and the basis for its termination;

      3) extracts from acts of the employer confirming origin and termination of labour relations on basis of conclusion and termination of labor agreement;

      4) an extract from salary payment sheet;

      5) work record (list of information on work, labour activities of the employee), signed by the employer, certified by seal of organization (if available);

      6) extracts from unified accumulative pension fund on the transferred mandatory pension contributions;

      7) information from the State Social Insurance Fund on social contributions made;

      8) archival certificate containing information on labour activities of the employee.

Article 36. Terms on probationary period in labor agreement

      1. At conclusion of labor agreement, a condition on a probationary period may be established in labor agreement in order to verify the qualifications of an employee for the work assigned to him. The probationary period begins with the beginning of labor agreement.

      2. The probationary period is included in work experience of the employee and may not exceed three months. The probationary period can be extended to six months for chief of organizations and their deputies, chief accountants and their deputies, chiefs of branches, representative offices of organizations.

      3. The probationary period is suspended for period when the employee was actually absent at work.

Article 37. Test result upon entry into employment

      1. In case of a negative result of the employee’s work during probationary period, the employer shall have the right to terminate labor agreement with him, notifying him in writing, indicating the reasons giving occasion to termination of labor agreement.

      2. If the test period has expired and none of the parties notified termination of labor agreement, the employee is considered to have passed probation period.

Article 38. Transfer of the employee to another job

      1. The transfer of the employee to another job is:

      1) change in the work (labour function) of the employee, that is, work in another position, specialty, profession, qualification;

      2) assignment of another job, performance of which changes working conditions (salary, working hours and rest time, benefits and other conditions), due to labor agreement;

      3) transfer to a separate structural unit of the employer;

      4) transfer to another locality together with the employer.

      2. Transfer of the employee to another job is allowed with consent of the employee, is made by making appropriate changes to labor agreement and the act of the employer, except in cases provided for in this Code.

      3. It is not allowed to transfer the employee to another job with contraindications for the employee for health reasons, confirmed by a medical certificate.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 39. Transfer of the employee to another locality together with the employer

      1. The employer is obliged to notify the employee in writing on upcoming relocation of the employer to another location no later than one month, unless a longer notice period is provided for in labour and collective agreements.

      2. In the event of a written refusal by an employee to transfer to another locality, together with the employer, labor agreement with the employee is terminated on the basis provided for in subparagraph 1) of paragraph 1 of Article 58 of this Code.

Article 40. Secondment of the employee to another legal entity

      1. Secondment - performance by an employee (seconded) of work in a certain specialty, qualification or position (labour function), stipulated by labor agreement, or in another position, specialty, qualification from another legal entity, except for the restrictions provided for by the legislation of the Republic of Kazakhstan.

      In order to ensure the fulfillment of certain tasks, secondment of employees is allowed:

      1) to legal entity whose shares (participation share) directly or indirectly belong to the legal entity from which the employee is seconded;

      2) to legal entity to which directly or indirectly belong the voting shares (participation shares) of the legal entity from which the employee is seconded.

      2. The list of positions and the number of seconded employees shall be established by written agreement between legal entities, depending on the purpose of secondment.

      3. The conditions, procedure and term for secondment of the employee are determined by agreement that is signed between legal entities and seconded employee.

      In case of simultaneous secondment of employees more than ten percent of average number of legal entities to which employees are seconded, it is necessary to coordinate with the representatives of employees of legal entity to whom employees are seconded.

      The procedure of approval is determined by agreement of the parties between legal entities and representatives of employees.

      4. For seconded worker, place of work (position) of the employer who carries out secondment is saved.

      5. Secondment is allowed only with a written consent of the parties to labor agreement by signing an additional agreement to labor agreement indicating the place of work for period of secondment. At the end of secondment period, the employer undertakes to provide the employee with a place of work (position), which the employee held before secondment.

      6. For period of secondment, the employee is subject to working hours and rest periods of legal entity to whom he is seconded, with exception of duration and procedure for granting of annual payable leave.

      7. In case of violation of labour discipline by a seconded employee, a legal entity to which he is seconded, within three working days notifies the employer of seconded employee with submission of supporting documents for making a decision on bringing him to disciplinary responsibility in accordance with the labour legislation of the Republic of Kazakhstan.

      8. In the event of accident involving a seconded employee, organization of investigation of accident related to labour activity is assigned to the legal entity to which the employee has been seconded, with participation of representative of the employer.

Article 41. Temporary transfer to another job if required operationally

      The employer in case of production need, including temporary replacement of the absent employee, has the right to transfer the employee without his consent for up to three months during breaking-in period to another not due to labor agreement and not contraindicated for health reasons in the same organization, the same locality or structural unit of the employer located in another locality, with payment for work performed, but not lower than average salary for previous work.

      In case of temporary transfer to structural unit of the employer located in another locality, the employee is paid compensation in the amounts provided for in Article 127 of this Code.

Article 42. Temporary transfer to another job in case of idle time

      1. In case of idle time, the employer has the right to transfer the employee without his consent for the entire period of idleness to another job not contraindicated for health reasons.

      2. In case of temporary transfer to another job in case of idle time, the employee is paid for work being done.

Article 43. Temporary transfer to another job for health reasons

      1. In connection with occupational injury, occupational disease or other damage to health, received in connection with performance of labour duties, or other damage to health not related to production, on the basis of medical opinion, the employer is obliged until restoration of working ability or establishment of disability or establishment of loss of working ability temporarily transfer the employee to lighter work or release him from work under the conditions stipulated in labour, collective agreements.

      2. In case of an employee’s written refusal to temporarily transfer to lighter work when receiving work-related occupational injury, occupational disease or other damage to health, or due to deterioration of health not related to production, labor agreement with the employee is terminated on the basis provided by subparagraph 3) paragraph 1 of Article 58 of this Code.

Article 44. Temporary transfer to another job of pregnant women

      The employer, on the basis of medical opinion, is obliged to transfer pregnant woman to another job, which excludes impact of harmful and (or) hazardous production factors, while maintaining average salary.

      Prior to providing another job for a pregnant woman, she should be exempted from job while maintaining average salary.

      If pregnant woman refuses to accept transfer to another job offered by the employer, she shall be exempted from performing contraindicated work without salary until granting maternity and pregnancy leave.

Article 45. Relocation of the employee to another workplace. Change of job title (s)

      1. Does not require consent of the employee to move it to another workplace or to another structural unit in the same locality, or assignment of work on another mechanism or aggregate within position, specialty, profession, qualification, stipulated by labor agreement.

      2. Changing the name of the position (work) of the employee, structural unit, changing management structure that does not entail for the employee changes in working conditions, can be carried out by the employer without consent of the employee.

Article 46. Change of terms of labour

      1. Due to changes in organization of production associated with reorganization or change of economic, technological conditions, conditions of work organization and (or) reduction of amount of work for the employer, it is allowed to change working conditions of the employee while continuing to work in accordance with his specialty or profession, relevant qualifications. When working conditions change, the corresponding additions and amendments are made to labor agreement.

      2. The employer is obliged to notify the employee in writing on change in working conditions that occurred for the reasons specified in paragraph 1 of this article, no later than fifteen calendar days, unless longer notice period has been provided for by labour or collective agreements.

      3. In the event of written refusal by the employee to continue work due to a change in working conditions, labor agreement with the employee is terminated on the basis provided for in subparagraph 2) of paragraph 1 of Article 58 of this Code.

      If the circumstances specified in paragraph 1 of this article may entail reduction in number or staff, the employer has the right to introduce part-time work in order to save jobs.

Article 47. Labour relations when changing the name, departmental affiliation of the employer, changing the owner of shares (participation shares) of legal entity, reorganization of the employer - a legal entity

      In cases of changes in the name, departmental affiliation of the employer, change of the owner of shares (participation shares) of the legal entity, reorganization of the employer - legal entity, labour relations with employees continue unchanged.

Article 48. Suspension from work

      1. In cases stipulated by the laws of the Republic of Kazakhstan, the employer is obliged to suspend the employee from work on the basis of acts of the relevant authorized state bodies.

      2. In addition to the cases provided for in paragraph 1 of this article, the employer shall taff the job of the employee:

      1) who is at work in a state of alcoholic, narcotic, toxic intoxication (their analogues) or who have consumed substances during a working day that cause such intoxication;

      2) who did not pass the examinations to test knowledge on safety and labour protection issues or industrial safety;

      3) who is not using personal and (or) collective protection provided by the employer;

      4) who has not passed a medical examination or pre-shift medical examination, if they are mandatory in accordance with the legislation of the Republic of Kazakhstan;

      5) in case of loss of the employee’s right to drive a vehicle or other permits necessary for performance of work, stipulated by labor agreement;

      6) if his actions or inaction have caused or could have led to creation of an emergency, violation of the rules of labour protection, fire safety or traffic safety in transport.

      3. The employer has the right to remove from work the employee who has not ensured the safety of property and other valuables transferred to the employee on the basis of a written agreement on taking liability.

      4. For period of suspension from work the employee does not save salary and is not paid at the expense of the employer’s allowance for temporary disability.

      5. Suspension of the employee from work is carried out by an act of the employer for period until the reasons and reasons for suspension that gave the occasion to removal.

      6. Salary is retained by the employee in the event of his unlawful removal by the employer from work.

Article 49. Grounds for termination of labor agreement

      Grounds for termination of labor agreement

      1) termination of labor agreement by agreement of the parties;

      2) expiration of labor agreement;

      3) termination of labor agreement at the initiative of the employer;

      4) related to transfer of the employee to another employer;

      5) termination of labor agreement at the initiative of the employee;

      6) circumstances beyond the control of the parties;

      7) the employee’s refusal to continue labour relations;

      8) transfer of an employee to elective work (position) or his appointment to position that excludes possibility of continuing labour relations, except in cases provided for by the laws of the Republic of Kazakhstan;

      9) violation of conditions for concluding labor agreement.

Article 50. Procedure for termination of labor agreement as agreed by the Parties

      1. Labor agreement may be terminated by agreement of the parties.

      2. The party to labor agreement that has expressed a desire to terminate labor agreement by agreement of the parties shall send notification to the other party to labor agreement.

      The party that received notification is obliged to inform the other party on decision taken in writing within three working days.

      The date of termination of labor agreement by agreement of the parties is determined by agreement between the employee and the employer.

      3. By agreement with the employee, the right of the employer to terminate labor agreement without complying with the requirements established by paragraph 2 of this article, with compensation payment, the amount of which is determined by labor agreement, can be provided for in labor agreement.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 51. Procedure for termination of labor agreement upon the expiry of the period

      1. The labor agreement concluded for fixed term is terminated due to expiration of its term.

      2. If on the day of expiry of labor agreement concluded for fixed term of not less than one year, the pregnant woman will submit a medical certificate on pregnancy for a period of twelve or more weeks, as well as the employee who has a child under three years old and adopted child and who wished to use his right to leave without pay for child care, will submit a written statement on extension of labor agreement, except for cases of replacement of temporarily absent employee, the employer is obliged to extend the term of labor agreement on the day the childcare leave ends.

      3. The date of expiry of labor agreement concluded at time of performance of certain work is the day of completion of work.

      4. The date of expiry of labor agreement concluded at the time of temporarily replacement of absent employee is the day when the employee came to work, for whom place of work (position) is retained.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 52. Grounds for termination of labor agreement at the initiative of the employer

      1. Labor agreement with employee at the initiative of the employer can be terminated in the following cases:

      1) liquidation of the employer - a legal entity or termination of the activities of the individual entity employer;

      2) reduction in the number of employees or staff size

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      3) reduction in volume of production, work performed and services rendered, resulting in a deterioration in economic condition of the employer;

      Refer to: Letter of the General Prosecutor's Office dated January 19, 2016 No. 2-010721-16-03143 “The possibility of applying the rules (which were absent in the previously existing Labour Code) to labour relations that arose before entry into force of the Code”, Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 "On some issues of application by the courts of the law in resolution of labour disputes"

      4) nonconformity of the employee with position held or work performed due to insufficient qualifications, confirmed by the results of certification;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      5) repeated failure to pass a knowledge test on safety and labour protection or industrial safety by the employee responsible for ensuring the safety and labour protection of organization engaged in production activities;

      Paragraph is amended by adding subparagraph 5-1 in accordance with the Law of the Republic of Kazakhstan dated January 10, 2018, No. 134-VI (enforced on June 13, 2018)

      5-1) deprivation of certificate of qualification "appraiser";

      6) the employee’s inconsistencies with position held or work performed due to health conditions that prevent continuation of this work and exclude possibility of its continuation;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      7) negative result of work during period of probation;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      8) absence of the employee at work without reasonable excuse for three or more consecutive hours in one working day (work shift);

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      9)employee being at workplace in a state of alcoholic, narcotic, psychotropic, toxic intoxication (their analogues), including in cases of use during the working day of substances that cause the state of alcoholic, narcotic, toxicological intoxication (their analogues);

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      10) refusal to undergo a medical examination in order to establish the fact of the use of substances causing the state of alcoholic, narcotic, toxic intoxication, confirmed by the relevant act;

      11) violation by the employee of the rules of labour protection or fire safety or traffic safety in transport, which entailed or could lead to serious consequences, including occupational injuries and accidents;

      12) theft (including small-scale) of another's property, its deliberate destruction or damage, committing by the employee at the place of work as established by a verdict or court decision that has entered into force;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      13) guilty actions committing or failure to act by the employee serving monetary or commodity values, if these actions or inaction give occasion to a loss of confidence in him by the employer;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      14) committing by the employee performing educational functions of immoral misconduct incompatible with continuation of this work;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      15) disclosure by the employee of information constituting state secrets and other secrets protected by law, which have become known to him in connection with performance of labour duties;

      16) repeated failure to perform or repeated improper performance without valid excuses of labour duties by the employee having a disciplinary penalty;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      17) the employee’s submission to the employer of knowingly false documents or information when concluding labor agreement or transferring to another job, if the original documents or information could be grounds for refusing to conclude labor agreement or transferring to another job;

      18) violation of labor duties by the chief of the executive body of the employer, his deputy or the chief of the employer's subdivision (branches, representative offices and other subdivisions of the employer as defined by the employer’s act), which caused material damage to the employer;

      19) termination of employee access to state secrets in cases established by the laws of the Republic of Kazakhstan;

      20) non-attendance of the employee for more than two months in a row due to temporary disability, except when the employee is on maternity and pregnancy leave, and also if the disease is included in the list of diseases for which a longer period of disability is established, approved by the authorized public healthcare authority.

      For the employee who is unable to work due to occupational injury or occupational disease, the place of work (position) is maintained until restoration of working capacity or establishment of disability;

      21) if the employee commits a corruption offense that excludes, in accordance with judicial act that has entered into legal force, the possibility of further work, except as expressly provided for by the laws of the Republic of Kazakhstan;

      22) continuation by the employee of participation in the strike after bringing to notice of the court of his decision to declare the strike illegal or to suspend the strike;

      23) termination of the powers of the chief of the executive body, members of collegial executive body of the legal entity, and also in accordance with the Law of the Republic of Kazakhstan “On Joint Stock Companies” of employees of internal audit service and corporate secretary by decision of the owner of property of the legal entity or authorized by the owner of person (body) or authorized body of a legal entity;

      Subparagraph 24 as amended in accordance with the Law of the Republic of Kazakhstan dated April 6, 2016 No. 483-V (refer to earlier version)

      24) if the employee reaches retirement age established by paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan “On pension benefits in the Republic of Kazakhstan”, with the right to annually extend the term of labor agreement by mutual agreement of the parties;

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      25) absence of the employee at work for more than one month for reasons unknown to the employer.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      2. The labor agreement for spare-time work may be terminated at the initiative of the employer if labor agreement is concluded with the employee for whom this work will be the main one.

Article 53. Procedure for termination of labor agreement at the initiative of the employee

      1. The employer upon termination of labor agreement on the grounds provided for in subparagraphs 1) and 2) of paragraph 1 of Article 52 of this Code, shall notify the employee in writing of termination of labor agreement not less than one month if the labour and collective agreements do not provide for a longer notification period. With written consent of the employee, termination of labor agreement contract may be made before the expiration of notification period.

      It is not allowed to terminate labor agreement with employees until they reach retirement age established by the Law of the Republic of Kazakhstan “On pension benefits in the Republic of Kazakhstan”, which are less than two years old, on the grounds provided for in subparagraphs 2) and 4) of paragraph 1 of Article 52 of this Code, without positive decision of the commission created from an equal number of representatives from the employer and employees.

      2. When terminating labor agreement on the basis provided for by subparagraph 3) clause 1 of Article 52 of this Code, the employer shall notify employees in writing of termination of labor agreement fifteen working days, unless a longer notification period is specified in labour and collective agreements. By agreement of the parties, notification period may be replaced by payment of salary proportional to non-worked time. In notification, the employer is obliged to indicate the reasons that gave occasion to termination of labor agreement.

      Termination of labor agreement on this basis is possible with simultaneous compliance of the following conditions:

      1) closure of structural unit (workshop, site);

      2) inability to transfer the employee to another job;

      3) a written notification of at least one month of the representatives of the employees indicating the reasons giving occasion to termination of labor agreement (direct connection between economic changes of the employer and need to terminate labor agreement).

      3. The termination of labor agreement on the basis stipulated by subparagraph 4) of paragraph 1 of Article 52 of this Code should be based on decision of certification commission, which should include employee representatives, unless otherwise provided by the laws of the Republic of Kazakhstan.

      The procedure, conditions and frequency of certification of employees are determined by collective agreement or the act of the employer.

      4. The termination of labor agreement on the basis provided for in subparagraph 5) of paragraph 1 of Article 52 of this Code shall be based on decision of examination committee created in the manner established by the legislation of the Republic of Kazakhstan.

      5. In order to terminate labor agreement on the basis stipulated by subparagraph 6) of paragraph 1 of Article 52 of this Code, inconsistency of the employee with position or work performed due to health conditions that prevent continuation of this work shall be confirmed by a medical opinion in the manner established by the legislation of the Republic of Kazakhstan.

      6. The termination of labor agreement on the grounds provided for in subparagraphs 8), 9), 10), 11), 12), 13), 14), 15), 16), 17) and 18) of paragraph 1 of Article 52 of this Code shall be made with compliance of procedure for application of disciplinary penalty provided for in Article 65, and the requirements of Article 66 of this Code.

      Paragraph 7 is amended in accordance with the Law of the Republic of Kazakhstan dated July 2, 2018, No. 165-VI (refer to earlier version)

      7. The termination of labor agreement on the basis stipulated in subparagraph 9) of paragraph 1 of Article 52 of this Code shall be confirmed by a medical certificate.

      The decision to send the employee for a medical examination is made by a person authorized by the employer. In the event of the employee’s refusal to undergo a medical examination, the appropriate act is drawn up.

      Paragraph 8 is amended in accordance with the Law of the Republic of Kazakhstan dated July 2, 2018, No. 165-VI (refer to earlier version)

      8. Termination of labor agreement on the basis provided for in subparagraph 20) of paragraph 1 of Article 52 of this Code is allowed after the employee has submitted a sheet of temporary disability.

      Paragraph 9 is amended in accordance with the Law of the Republic of Kazakhstan dated April 6, 2016 No. 483-V (refer to earlier version); set out as amended by the Law of the Republic of Kazakhstan dated April 16, 2018, No. 147-VI (refer to earlier version)

      9. Termination of labor agreement on the basis provided for by subparagraph 24) of paragraph 1 of Article 52 of this Code is allowed when the employee reaches the retirement age established by paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan “On Pension Coverage in the Republic of Kazakhstan”, notifying the employee after reaching his pension age not less than one month before the date of termination of labor agreement and payment of compensation in the amount determined by labour and collective agreements and (or) the act of the employer.

      10. The termination of labor agreement on the basis provided for in subparagraph 25) of paragraph 1 of Article 52 of this Code is allowed if the employee fails to provide information on the reasons for absence of the act of absence within ten calendar days from the day the employer sends the employee an absence letter.

Article 54. Limitation of possibility for termination of labor agreement at the initiative of the employer

      1. It is not allowed to terminate labor agreement at the initiative of the employer during period of temporary disability and the employee’s leave, except as provided for in subparagraphs 1), 18), 20) and 23) of paragraph 1 of Article 52 of this Code.

      2. The termination of labor agreement initiated by the employer on the grounds provided for in subparagraphs 2) and 3) of paragraph 1 of Article 52 of this Code is not allowed with pregnant women who provided the employer with a certificate of pregnancy, women with children under three years of age, single mothers, bringing up a child under the age of fourteen (a disabled child under the age of eighteen), other persons raising a specified category of children without a mother.

Article 55. Grounds and procedure for termination of labor agreement related to transfer of the employee to another legal entity

      1. The labor agreement with an employee is terminated due to his transfer to another legal entity:

      1) more than fifty percent of the shares (participation share) of which are directly or indirectly owned by the employer, with whom labor agreement is terminated;

      2) which directly or indirectly owns more than fifty percent of the shares (participation share) of the employer, with whom labor agreement is terminated;

      3) more than fifty percent of the shares (participation share) of specified legal entity and the employer with which labor agreement is terminated belong to the same legal entity.

      2. The grounds for termination of labor agreement are written application of the employee and written confirmation of the consent of entry into employment by another legal entity. The date of termination of labor agreement is determined by agreement of the parties.

Article 56. Procedure for termination of labor agreement at the initiative of the employee

      1. The employee is entitled, on his own initiative, to terminate labor agreement by notifying the employer in writing at least one month in advance, except for the cases provided for by paragraph 3 of this article. The labor agreement allows establishment of a longer notification period by the employee of the employer of termination of labor agreement.

      2. The labor agreement on the initiative of the employee may be terminated before expiration of period specified in paragraph 1 of this article, with written consent of the employer.

      3. The employee has the right to notify the employer in writing of the employer's failure to comply with the terms of labor agreement. If, after the expiry of seven-day period from the date of written notification, non-fulfillment of the terms of labor agreement by the employer continues, the employee is entitled to terminate labor agreement by notifying the employer in writing no later than three working days.

      4. During notification period provided for in this article, notification can be withdrawn by agreement of the parties.

      5. Upon the expiry of notification period specified in this article, the employee has the right to stop work, except in cases of non-completion of transfer and acceptance of property (documentation) of the employer through the fault of materially responsible persons. The day of termination of an employment contract with materially responsible employees is the day of completion of the transfer and acceptance of the property (documentation) of the employer.

Article 57. Grounds for termination of labor agreement due to circumstances beyond the control of the Parties

      1. The labor agreement shall be terminated due to the following circumstances, beyond the reasonable control of will of the parties:

      Sub-paragraph 1 is set out as amended by Article 204 (effective as on January 1, 2017) (refer to earlier version)

      1) when the local executives revoke a permit to engage foreign labour or expiry of validity of a stay permit;

      2) upon the entry into force of a court sentence, by which the employee or the employer - an individual is sentenced to punishment, eхcluding possibility of continuing labour relations;

      3) in case of the death of the employee or the employer - an individual, as well as in the event that the court declares the employee or the employer - an individual to have died or is declared missing;

      4) in the event of the court recognizing the employee as incapable or partially capable, as a result of which the employee is not able to continue labour relations;

      5) in case of reinstatement in work of the employee who previously performed this work;

      Subparagraph 6 is set out as amended by the Law of the Republic of Kazakhstan dated June 13, 2018 (refer to earlier version)

      6) upon admission of the employee to military service under a contract, service to law enforcement and special state bodies from the day the employee presents relevant document no later than within three days.

      2. The date of termination of the employment contract on the grounds specified in subparagraphs 2), 3) and 4) of paragraph 1 of this article is the date of entry into force of sentence or decision of the court, the date of death of the employee or the employer - an individual.

Article 58. Grounds for termination of labor agreement if the employee refuses to continue labour relations

      1. The labor agreement with an employee shall be terminated if the employee refuses to continue labour relations in the following cases:

      1) the employee’s refusal to transfer to another locality together with the employer;

      2) the employee’s refusal to continue work due to changes in working conditions;

      3) the employee’s refusal to temporarily transfer to another job due to state of healthcare upon receipt in connection with performance of labour duties of occupational injury, occupational disease or other damage to health not related to production.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      2. Termination of labor agreement is allowed in case of a written refusal by the employee to continue labour relations or in the presence of the act of absence of a written refusal by the employee.

      3. Termination of labor agreement on the grounds specified in paragraph 1 of this article during period of temporary disability of the employee (including maternity and pregnancy) and leave is not allowed.

Article 59. Procedure for termination of labor agreement related to transfer of the employee to elective work (position) or his/her appointment to position

      The labor agreement with the employee is terminated in connection with his transfer to elective work (position) or appointment to a position, if the laws of the Republic of Kazakhstan prohibit persons holding such positions from occupying other paid positions.

      The bases are notification by the employee of the employer and the act of election or appointment of the employee to work (position).

Article 60. Grounds for termination of labor agreement due to a breach of labor agreement terms

      The labor agreement is subject to termination due to violation of the conditions for concluding labor agreement, if this violation excludes possibility of continuing labour relations in the following cases:

      1) conclusion of labor agreement for performance of work that is contraindicated for the employee for health reasons on the basis of medical opinion;

      2) conclusion of labor agreement for performance of work in violation of verdict or court decision that has entered into force, by which a person is deprived of the right to hold certain positions or engage in certain activities;

      Sub-paragraph 3 is set out as amended by Article 204 (effective as on January 1, 2017) (refer to earlier version)

      3) concluding labor agreement with foreigners and stateless persons without obtaining in accordance with the established procedure certificates of qualification for self-employment or permission to employ foreign labour force or without observing restrictions or exemptions established by the laws of the Republic of Kazakhstan;

      4) conclusion of labor agreement with a foreign employee of a state body in violation of the requirements established by the regulatory legal acts of the Republic of Kazakhstan;

      5) conclusion of labor agreement with persons specified in paragraph 2 of Article 26 of this Code;

      6) in other cases provided for by this Code, the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.

Article 61. Execution of termination of labor agreement

      1. Termination of labor agreement is executed by an act of the employer, except for termination of labor agreement in case of death (declaring the court dead or declaring missing) the employer - an individual and terminating labor agreement with domestic employees.

      2. The act of the employer shall indicate the basis for termination of labor agreement in accordance with this Code.

      3. The copy of the act of the employer on termination of labor agreement shall be handed to the employee or sent to him by letter with notification within three working days from the date of Issue of the act of the employer.

Article 62. Issue of documents confirming labour activities, as well as other documents related to labour activities

      1. On the day of termination of labor agreement, the employer is obliged to issue a document confirming the employee’s labour activities.

      2. At the request of the employee (including the former), the employer is obliged, within five working days from the time of application, to issue a certificate indicating specialty (qualification, position), work time and salary, a recommendation characteristic containing information on the qualifications of the employee and his attitude to work, as well as other documents stipulated by this Code.

      3. In case of liquidation, bankruptcy of the employer - a legal entity, termination of the activities of the employer - an individual, the employer is required to issue a certificate of amount of salary and other payments duly executed, if there is a debt to the employee.

Chapter 5. LABOR ROUTINE. LABOR DISCIPLINE

Article 63. Labor routine regulations

      1. The labor routine regulations are approved by the employer.

      2. The labor routine regulations set working time and rest time of employees, conditions for ensuring labour discipline, other issues regulating labour relations.

Article 64. Disciplinary penalty

      Paragraph 1 is amended in accordance with the Law of the Republic of Kazakhstan dated May 24, 2018, No. 156-VI (refer to earlier version)

      1. For the employee’s disciplinary offense, the employer or the first chief of national managing holding in the cases provided for by the laws of the Republic of Kazakhstan has the right to apply the following kinds of disciplinary penalties:

      1) remark;

      2) admonition;

      3) strict admonition;

      4) termination of labor agreement on the initiative of the employer on the grounds provided for in subparagraphs 8), 9), 10), 11), 12), 13), 14), 15), 16), 17) and 18) of paragraph 1 of Article 52 of this Code.

      2. Application of disciplinary penalties not provided for by this Code and other laws of the Republic of Kazakhstan is not allowed.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 65. Procedure for application of disciplinary penalty

      Paragraph 9 is set out as amended by the Law of the Republic of Kazakhstan dated May 24, 2018 No. 156-VI (refer to earlier version)

      1. Disciplinary sanction is imposed by the employer by issuing an act of the employer, with exception of cases provided for by the laws of the Republic of Kazakhstan. When imposing a disciplinary penalty by the first chief of national managing holding in the cases provided for by the laws of the Republic of Kazakhstan, the provisions of Articles 65 and 66 of this Code shall apply.

      2. Prior to application of disciplinary penalty, the employer is obliget to request a written explanation from the employee. If upon the expiry of two working days the written explanation by the employee is not submitted, then a corresponding statement is drawn up.

      Failure to provide an explanation to the employee is not an obstacle to application of disciplinary penalty.

      3. For each disciplinary offense, only one disciplinary penalty can be applied to the employee.

      4. The act of the employer on imposing a disciplinary penalty on the employee cannot be issued in the period:

      1) of temporary disability of an employee;

      2) of release of the employee from work for period of performance of state or public duties;

      3) the employee is on vacation or rotational leave;

      4) the employee on a business trip.

      5. The act of imposing a disciplinary penalty shall be announced to the employee subjected to a disciplinary penalty against signature within three working days from the date of its publication. In the event of the employee’s refusal to confirm his familiarization with the act of the employer with his signature, a corresponding entry is made in the act of imposing a disciplinary penalty.

      If it is not possible for the employee to personally familiarize the employer's act of imposing a disciplinary penalty, the employer shall send the employee a copy of the act of disciplinary penalty by letter of notification within three working days from the date of issuing the employer's act.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 66. Terms of imposition and operation of disciplinary penalty

      1. A disciplinary sanction is imposed on the employee immediately upon discovery of a disciplinary offense, but no later than one month from the date of its discovery, except as provided for in paragraph 4 of Article 65 of this Code and other laws of the Republic of Kazakhstan.

      In the cases provided for in Article 176 of this Code, disciplinary penalties shall be imposed no later than one month from the date of entry into force of a court decision declaring a strike illegal.

      2. A disciplinary sanction cannot be applied later than six months from the date of disciplinary offense, and in cases established by the laws of the Republic of Kazakhstan or establishment of disciplinary offense as a result of an audit or verification of financial and economic activities of the employer - later than one year from the day the employee committed disciplinary offense. The specified time periods does not include the time of criminal proceedings.

      3. The duration of imposition of a disciplinary penalty is suspended for duration of absence of the employee at work due to temporary disability, release from work to perform state or public duties, being on leave, business trip or rotational leave.

      4. The period of validity of a disciplinary penalty may not exceed six months from the date of its application, with exception of termination of labor agreement on the grounds provided for by this Code.

      5. The employer who has imposed disciplinary sanction on the employee is entitled to withdraw it early by issuing the act of the employer.

Chapter 6. WORKING TIME

Article 67. Working time and types thereof

      1. Periods of preparatory and final work (obtaining a task assignment, materials, tools, familiarization with equipment, documentation, preparation and cleaning of workplace, delivery of finished products and others), breaks provided by technology, labour organization; safety and labour protection; the time of presence or expectation of work at workplace, when the employee does not have free time; Obligationon holidays and weekends; Obligationat home, as well as other periods that, in accordance with labor agreements, collective agreements, acts of the employer or regulatory legal acts of the Republic of Kazakhstan, refer to working time.

      2. Working time can be of normal duration, reduced duration and incomplete.

Article 68. Standard working time

      1. Standard working time should not exceed 40 hours per week.

      2. The labor agreement can provide for shorter working hours with payment as for normal working hours.

      3. The total duration of daily work at the place of main work and spare-time work shall not exceed the norm of duration of daily work, established by paragraph 4 of Article 71 of this Code, by more than 4 hours.

Article 69. Reduced working time for specific categories of the employees

      1. For employees under the age of eighteen years, a reduced working time is set:

      1) for employees aged from fourteen to sixteen years - no more than 24 hours per week;

      2) for employees from sixteen to eighteen years - no more than 36 hours per week.

      2. For employees engaged in hard work, work with harmful and (or) hazardous working conditions, set a reduced working time of not more than 36 hours per week according to the list of industries, workshops, professions and positions, the list of hard work, work with harmful and (or) hazardous working conditions.

      The reduced working hours established by this paragraph applies to employees whose work in difficult, harmful and (or) hazardous conditions is confirmed by the results of certification of production facilities for working conditions.

      In the event that the employer fails to certify production facilities for working conditions as well as for workplaces that are not subject to certification, the reduced working time is provided in full according to the List of industries, workshops, occupations and positions, the list of hard work, work with harmful and (or ) hazardous working conditions.

      Refer to: Rules for provision of reduced working hours

      3. Disabled employees of the first and second groups shall have a reduced working time of no more than 36 hours per week.

      The duration of daily work (work shift) of employees with disabilities of the first and second groups cannot exceed seven hours.

      4. Payment for work of employees when they establish reduced working hours is made in accordance with this Code.

Article 70. Part-time work

      1. At the conclusion of labor agreement, as well as in the process of labour relations, by written agreement between the employee and the employer, part-time work can be established for the employee.

      Part-time work is time that is less than the normal duration established by this Code, including:

      1) part-time, that is, a decrease in rate of duration of daily work (work shift);

      2) incomplete working week, that is, reducing number of working days in the working week;

      3) simultaneous reduction of norm of duration of daily work (work shift) and a reduction in the number of working days in the work week.

      2. Part-time work does not entail for the employee restrictions on length of paid annual leave, calculation of work experience and other rights in labour established by this Code, labour and collective agreements, agreements.

      3. The employer, upon a written request of a pregnant woman, one of the parents (adoptive parent) with a child (children) under the age of three years, sets part-time work.

Article 71. Working time system

      1. For employees, a five-day working week is established with two days off. With a five-day working week, the duration of daily work (shift) is determined by the act of the employer, taking into account the specifics of the work and in compliance with the established working week duration.

      2. In organizations where, by nature of production and working conditions, introduction of a five-day working week is impractical, a six-day working week with one day off is established.

      3. The five-day or six-day working week shall be established by the employer in accordance with the terms of labour and collective agreements or the act of the employer.

      4. The duration of daily work cannot exceed 8 hours, with exception of cases provided for by this Code and other laws of the Republic of Kazakhstan.

      5. The duration of daily work (work shift), the start and end time of daily work (work shift), the time of work breaks are determined in compliance with the conditions established by the rules of labor routine, labour and collective agreements.

      6. For creative employees of professional organizations of art and cultural leisure, media employees, athletes, coaches, a different duration of daily work (work shift) can be established in accordance with the labour legislation of the Republic of Kazakhstan, employer's acts, collective or labor agreements.

Article 72. Division of daily work (work shift) into parts

      Division of daily work (work shift) into parts is allowed:

      1) at work with different intensity of work;

      2) at the initiative of the employee, if it is associated with his social and other personal needs.

      2. When dividing the daily work (work shift) into parts, the total duration of working time should not exceed the established duration of daily work (work shift).

      3. The types of work where daily work (work shift) is divided into parts, the number and duration of interruptions in work, and the types and amounts of compensation payments to employees for work with such conditions are determined by labour and collective agreements.

      Breaks associated with division of daily work (work shift) into parts are provided for the rest of employees and do not apply to working time.

Article 73. Shift work

      1. Shift work can be established in cases where duration of production process exceeds the allowed duration of daily work.

      2. During shift work, duration of work shift, transition from one work shift to another is established by shift schedules.

      3. The shift schedules are brought by the employer to notification of employees no later than ten calendar days before they are entered into force.

      4. Involving an employee to work during two work shifts in a row is prohibited.

      Refer to: Guidelines on development of salary system for employees of organizations of private ownership (agreed upon by the Vice Minister of Healthcare and Social Development of the Republic of Kazakhstan on May 27, 2016), Letter of the Ministry of Healthcare and Social Development of the Republic of Kazakhstan dated May 3, 2016 No. ZhT-К-1988 “Payment for work in holidays and weekends with a shift schedule"

Article 74. Work under a flexible working time system

      1. In order to combine social and other personal needs of employees with the interests of production, employees can be assigned a flexible working time regime.

      2. When flexible working time are set:

      1) fixed working time;

      2) flexible (variable) working time, during which the employee has the right to perform his duties at his discretion;

      3) recording period.

      3. The recording period for flexible working hours is the period within which average working hours established for this category of employees shall be observed.

      4. The recording period with flexible working time shall not exceed six months.

      5. The duration of daily work (work shift) and (or) weekly work in flexible working hours may be more or less than the norm of daily and (or) weekly working hours.

      6. The duration of fixed working time, flexible (variable) working time, recording period in flexible working time mode shall be established by the act of the employer, labour or collective agreements.

Article 75. Summarized recording of working time

      1. Summarized recording of working time is applied in continuously operating productions, workshops, areas and on certain types of work, where under conditions of production (work), daily or weekly working hours established for this category of workers cannot be observed.

      2. The recording period for summarized recording of working time is period within which average daily and (or) weekly working hours established for this category of workers shall be observed.

      3. The recording period for summarized recording of working time can be any calendar period, but not more than one year or period of performing a certain work.

      4. When establishing a summed record of working time, it is imperative that the employee’s rest period be observed between the end of work and its commencement on the next working day (work shift).

      5. Procedure of work in case of summarized recording of working time, categories of workers for which summarized recording of working time is established, is determined by collective agreement or act of the employer.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

      6. Attraction of employees under the age of eighteen years to work with the use of summarized recording of working time is not allowed.

      7. The use of summarized working time for pregnant women is not allowed if duration of working day (work shift) exceeds eight hours.

      8. It is not allowed to use summarized recording of working time for disabled employees of the first group.

      Summarized recording of working time for disabled employees of the second and third groups cannot be established if such a regime is prohibited by them on the basis of conclusion of expert pathological commission.

Article 76. Night work

      1. The night time is from 22 to 6 hours.

      2. The following people are not allowed to work at night:

      employees under the age of eighteen;

      pregnant women who provided the employer with a certificate of pregnancy.

      3. Involvement of employees with disabilities to night work is allowed only with their written consent, provided that such work is not prohibited for health reasons in accordance with medical report.

      4. The employer shall not involve the following employees to work at night without written consent of:

      1) women with children under the age of seven, and other persons raising children under the age of seven without a mother;

      2) employees raising disabled children under the age of sixteen.

Article 77. Overtime work

      1. Involvement to overtime work is allowed only with the written consent of the employee, except for the cases provided for in paragraph 2 of this article.

      2. Overtime work without consent of the employee is allowed in the following cases:

      1) in production of works necessary for defense of the country, as well as for prevention of emergency situations, natural disasters or industrial accidents, or immediate elimination of their consequences;

      2) to eliminate other circumstances that disrupt the normal functioning of water supply, gas supply, heat supply, energy supply and other life support systems;

      3) to continue work when a replacement employee fails to appear, if the work does not allow for a break, with immediate action being taken to replace another employee;

      4) to provide emergency and urgent assistance to citizens who are threatened with loss of health or death.

      3. The following employees are not allowed to work overtime:

      1) pregnant women who provided the employer with a certificate of pregnancy.

      2) under the age of eighteen;

      3) disabled people.

Article 78. Overtime limit

      1. Overtime work shall not exceed two hours for each employee during the day, and for hard work, work with harmful and (or) hazardous working conditions - one hour.

      2. The total duration of overtime work shall not exceed twelve hours per month and one hundred twenty hours per year.

      3. The limitation of maximum amount of overtime work does not apply to work in cases provided for in subparagraphs 1) and 4) of paragraph 2 of Article 77 of this Code.

Article 78. Procedure of recording of working time

      1. The employer is obliged to record working time actually worked by the employee.

      2. Time worked and not worked by the employee is not subject to recording. At the same time, overtime, night work, weekends, holidays, and business trips are taken into account separately.

      3. The form and procedure for recording of working time are determined by the act of the employer.

      4. In cases when periods of work performed not at the workplace are included in the employee’s working time or their performance cannot be fixed by the employer at a specific time, these periods are marked in the records of working time as the amount of work established by labor agreement.

Chapter 7. REST TIME

Article 80. Types of rest time

      Types of rest time are:

      1) breaks during working day (work shift):

      break for rest and food;

      Intra-shift and special breaks;

      2) daily (inter-shift) rest;

      3) holidays (rotational leave);

      4) holidays;

      5) leaves.

Article 81. Break for rest and food

      1. During daily work (work shift), the employee shall be given one break for rest and food for at least half an hour.

      2. The time for providing a break for rest and food, its duration shall be established by the rules of labor routine, labour and collective agreements.

      3. The break time for rest and food is not included in the working time. At work, where provision of a break is impossible under the terms of production, the employer must provide the employee with opportunity to rest and eat during working hours in a specially equipped place. The list of such works, procedure and place for the rest and food are established by collective agreement or acts of the employer.

Article 82. Intra-shift and special breaks;

      1. For certain types of work, employees are provided with intra-shift breaks due to technology and organization of production and labour, which are included in working time. The types of these works, duration and procedure for granting such breaks are determined by collective agreement or acts of the employer.

      2. The employees working during cold or hot seasons in an open air, in closed unheated premises, and also engaged in loading and unloading operations are provided with special breaks for heating or cooling and rest, which are included in working hours. The employer is obliged to provide equipment for the premises for heating, cooling and rest of employees.

      3. Working women with children under the age of one and a half years, fathers (adoptive parents), raising children under the age of one and a half years without a mother, are provided with additional breaks for feeding the child (s) at least every three hours of work of the following duration:

      1) having one child, - each break not less than thirty minutes;

      2) having two or more children - each break for at least one hour.

      4. Breaks for feeding a child (children) at the request of an employee referred to in paragraph 3 of this article shall be attached to a break for rest and food, or summarized breaks are provided at the beginning or end of working day (shift).

      5. Breaks for feeding the child (children) are included in working time. During breaks, women, fathers, adoptive parents are kept at an average salary.

Article 83. Duration of daily (inter-shift) rest

      The duration of the employee’s daily (inter-shift) rest between the end of work and its commencement on the next day (work shift) shall not be less than twelve hours.

Article 84. Days off

      1. The employees are provided with days off.

      2. With a five-day work week, employees are provided with two days off a week, and with a six-day work week, one day off.

      3. With a five-day and six-day work week, the general day off is Sunday. The second day off during the five-day work week is established by collective agreement or labor routine.

      4. The employees (group of employees) employed in continuous production or in production where it is impossible to stop work on days off due to production conditions or due to the need for continuous uninterrupted service to population, as well as working on a rotational basis, days off are provided on different days of the week alternately according to shift schedules (rotational schedules).

      5. The first day of Kurban-ayt, celebrated according to the Muslim calendar, January 7 - Orthodox Christmas are the days off, regardless of operating modes and shift schedules (rotational schedules).

      6. The employee who is on a business trip, uses days off in accordance with the rules of work schedule of the employer to whom he is sent.

Article 85. Work on days off and holidays

      1. To attract employees working on a shift schedule or on a rotational basis on a rotational schedule, to work on holidays and on days off as provided for by paragraph 5 of Article 84 of this Code, written consent of the employees and publication of the employer's act are not required.

      The work on weekends and holidays is allowed with the written consent of the employee or at his request on the basis of an act of the employer, with exception of cases provided for in Article 86 of this Code, and employees working on a shift schedule (rotational schedule).

      2. For work on days off and holidays, the employee, at his request, is offered another day of rest or is paid in the amount specified in Article 109 of this Code.

      3. For the purpose of rational use of working time during holidays, as well as on days off, as provided for by paragraph 5 of Article 84 of this Code, the Government of the Republic of Kazakhstan shall have the right to transfer weekends to other working days.

      Refer to: On transfer of rest days in 2017, On transfer of rest days in 2018

      4. It is prohibited to involve pregnant women who have provided the employer with a certificate of pregnancy to work on days off and holidays.

Article 86. Exceptional cases of involvement to work on days off and holidays without the consent of the employee

      Involvement to work on days off and holidays without the consent of the employee is allowed in the following cases for:

      1) prevention of emergency situations, natural disasters or industrial accidents, or immediate elimination of their consequences;

      2) prevention and investigation of accidents related to labour activities, loss of or damage to property;

      3) performance of urgent, unforeseen work in advance, from urgent performance of which further depends on normal work of organization as a whole or its individual units.

Article 87. Types of leaves

      1. The employees are provided with the following types of leave:

      1) paid annual leave;

      2) social leaves.

      2. paid annual leave is intended for the rest of the employee, rehabilitation, health promotion and other personal needs of the employee and is provided for a certain number of calendar days while preserving the place of work (position) and average salary.

      3. The employees are provided with the following types of paid annual leaves:

      1) basic annual payable leave;

      2) additional paid annual leave.

      4. Social leave is understood as release of the employee from work for a certain period in order to create favorable conditions for maternity, child care, education on the job and for other social purposes.

      5. The employees are provided with the following types of social leaves:

      1) leave without pay;

      2) study leave;

      3) pregnancy leave and maternity leave, leave related to adoption of newborn child (children);

      4) leave without pay to care for a child until he reaches the age of three years

      The period of social leave is counted in the length of service, unless otherwise provided by the laws of the Republic of Kazakhstan.

      6. The granting of leave is issued by the act of the employer.

Article 88. Duration of the main paid annual leave

      The main paid annual leave for employees is provided for twenty-four calendar days, unless a larger number of days are provided for by this Code, other regulatory legal acts of the Republic of Kazakhstan, labour and collective agreements and acts of the employer.

Article 89. Additional paid annual leave

      1. Additional paid annual leaves are provided:

      1) for employees engaged in hard work, work with harmful and (or) hazardous working conditions for a period of not less than six calendar days according to the List of production, workshops, professions and positions, the list of hard work, work with harmful and (or) hazardous working conditions.

      Additional annual payable leave are provided to employees whose work in difficult, harmful and (or) hazardous conditions is confirmed by the results of certification of production facilities for working conditions.

      If the employer fails to certify production facilities for working conditions as well as for jobs that are not subject to certification, additional paid annual leave are provided in full according to the list of productions, workshops, professions and positions, the list of hard work, work with harmful and ( or) hazardous working conditions;

      Refer to: Rules for provision of additional paid annual leave

      2) disabled persons of the first and second groups with a duration of at least six calendar days.

      2. For other categories of employees, the provision of additional annual leave and its duration can be established by the laws of the Republic of Kazakhstan.

      3. The employees, collective agreements of employees can establish additional paid annual leave of encouragement for long-term continuous work, the performance of important, complex, urgent work, as well as works of a different nature.

Article 90. Calculation of duration of paid annual leave

      1. The duration of paid annual leave is calculated in calendar days excluding holidays that fall on the days of paid annual leave, regardless of operating modes and shift schedules used.

      2. When calculating total duration of paid annual leave, additional paid annual leave are summed up with main paid annual leave.

Article 91. Calculation of work experience in granting of paid annual leave

      The work experience in granting of paid annual leave includes:

      1) actually worked time;

      2) time when the employee actually did not work, but his place of work (position) and salary were fully or partially retained;

      3) time when the employee actually did not work due to temporary disability, including time spent on maternity and pregnancy leave;

      4) time when the employee actually did not work before reinstatement.

Article 92. Determination of period and procedure for granting paid annual leave

      1. paid annual leave for the employee for the first and subsequent years of work shall, by agreement of the parties, be granted at any time of working year.

      2. The working year is twelve calendar months, calculated from the first day of work of the employee.

      3. By agreement between the employee and the employer, the annual payable leave may be divided into parts. At the same time, one of the parts of paid annual leave must be at least two calendar weeks in length of leave provided for in the employee’s labor agreement.

      Refer to: Answer of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated August 29, 2018 to the question dated August 17, 2018 No. 511786 (dialog.egov.kz) “On the concept of “calendar day” on an annual leave”

      4. The annual leave shall be paid no later than three working days before it starts, and in the case of granting leave outside leave schedule, no later than three working days from the date of its granting.

      5. The employees working under labor agreement for spare-time work, paid annual leave are provided simultaneously with the leave for the main work.

      If length of paid annual leave under a spare-time labor agreement is less than length of main work leave, the employer, at the request of the spare-time employee, gives him leave without pay for the days that are different in length of leave.

      6. The granting of leave, transfer or withdrawal from paid annual leave shall be drawn up in an act of the employer.

      Refer to: Letter of the Committee for labour, social protection and migration of the Ministry of Health and Social Development of the Republic of Kazakhstan No. 22-2-22/34664 dated August 31, 2016 "Salary deduction taking into account leave time unspent in the accounting period can be implemented with consent of the employee"

Article 93. Sequence of paid annual leave

      1. The priority of provision of paid annual leave to employees is determined annually in accordance with the leave schedule approved by the employer, taking into account the views of employees, or is determined outside the leave schedule by agreement of the parties.

      2. In the event of a change in the leave schedule due to production needs, the employer is obliged to notify the employee on this no less than two weeks before the start of the work leave.

Article 94. Cases and procedures for transferring paid annual leave

      1. Paid annual leave is transferred in full or in part in the following cases:

      temporary disability of the employee;

      during maternity and pregnancy leave.

      2. The paid annual leave (part of it) in the cases provided for by paragraph 1 of this article shall be transferred, at the request of the employee, to the period of being on paid annual leave. The transferred leave by agreement of the parties may be attached to leave for the next working year or granted at the request of the employee separately in the current working year.

      3. The non-provision of unused paid annual leave or part of it for two consecutive years is prohibited.

Article 95. Recall from annual payable leave

      1. paid annual leave may be interrupted by the employer in case of production need only with the written consent of the employee.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

      2. The unused part of paid annual leave in connection with recall by agreement of the parties to labor agreement is granted during the current working year or in the next working year at any time or joins paid annual leave for the next working year.

      3. When the employee is recalled from paid annual leave, instead of providing unused part of leave at another time, a compensation payment is made for the days of unused part of paid annual leave.

      4. It is not allowed to recall from paid annual leave of work of the employee who has not reached the age of eighteen years, pregnant women and employees engaged in hard work, work with harmful and (or) hazardous working conditions.

Article 96. Enforcement of the right for paid annual leave and payment of compensation upon termination of labor agreement

      1. paid annual leave with subsequent termination of labor agreement in connection with expiration of its term can be granted in the case when the time of the leave fully or partially goes beyond period of labor agreement. The day of termination of labor agreement in connection with the expiration of its term is the last day of paid annual leave.

      2. Upon termination of labor agreement, an employee who has not used or used incompletely paid annual leave (annual leaves) is compensated for the unused days of paid annual leave (annual leaves).

Article 97. Leave without pay

      1. By agreement of the parties to labor agreement, on the basis of application of the employee, leave without pay can be granted for him.

      2. The duration of leave without pay is determined by agreement between the employee and the employer.

      3. Based on the employee's notification, the employer is obliged to provide leave without pay for up to five calendar days at:

      1) marriage registration;

      2) birth of the child;

      3) death of close relatives;

      4) in other cases stipulated by labour and collective agreements.

Article 98. Study leave

      1. Employees studying in educational institutions are provided study leave for preparing and passing tests and exams, carrying out laboratory work, preparing and defending a thesis (project), for passing training programs for military-trained reserve.

      2. Payment for study leave is determined by agreements, collective and labor agreements, training contract.

      3. The employer provides employees with training and probation abroad in the framework of the Bolashak international scholarship with study leave while retaining their place of work (position).

Article 99. Pregnancy leave and maternity leave, leave due to adoption of newborn child (children)

      1. Pregnant women, women delivered a child (children), women (men), adopted newborn child (children) shall be provided with following paternity leaves:

      1) maternity leave;

      2) leave for employees, who adopted newborn child (children);

      3) unpaid three years’ parental leave.

      Paragraph 2 as amended by the Law of the Republic of Kazakhstan No. 165-VI dated 02.07.18 (see earlier version)

      2. Pregnant woman, from the date specified in sheet of temporary disability, granting the right on maternity leave, shall execute it by means of submission of sheet of temporary disability, confirming the right on this kind of leave.

      Maternity leave shall be provided for the following period:

      in case of normal delivery - seventy calendar days before delivery and fifty six calendar days after delivery;

      in case of obstructed labour or birth of two and more children - seventy calendar days before delivery and seventy calendar days after delivery;

      to women, living on territories, exposed to nuclear tests, in case of easy delivery - ninety one calendar days before delivery and seventy nine calendar days (in case of obstructed labour or birth of two and more children

      in case of delivery at date from twenty two to twenty nine weeks of gestation and birth of children with body weight five hundred gram and more, living more seven days, - seventy calendar days after delivery;

      in case of delivery at the term from twenty two to twenty nine weeks of gestation and birth of dead fetus or child with body weight five hundred gram and more, died till seven days of life, - fifty six calendar days after delivery;

      to women living on territories exposed to nuclear tests, in case of delivery at date from twenty two to twenty nine weeks of gestation and birth of children with body weight five hundred gram and more, living more seven days, - ninety three calendar days after delivery;

      to women living on territories exposed to nuclear tests, in case of delivery at date from twenty two to twenty nine weeks of gestation and birth of dead fetus or child with body weight five hundred gram and more, died till seven days of life, seventy nine calendar days after delivery.

      If woman applies for temporary disability sheet during pregnancy, leave is calculated in total and shall be provided in full regardless of quantity of days, which were used by women before delivery, and duration of employment.

      If woman applies for temporary disability sheet after delivery, leave after delivery will be provided, duration, stipulated by second part of this paragraph.

      3. Employees who adopted newborn child (children) shall be provided with leave (one of parents) for the period from the date of adoption and until the expiration of fifty six days from the date of child adoption.

      4. The employer shall pay maternity leave, leave for employees, adopted newborn child (children), saving average salary, if this is stipulated by terms of labour and (or) collective agreement, act of the employer, less the amount of social benefits in case of loss of income because of texis, adoption of newborn child (children), made in accordance with the legislation of the Republic of Kazakhstan on compulsory social insurance.

Article 100. Unpaid three years’ parental leave

      1. The employer shall be obliged to provide unpaid three years’ parental leave

      1) at the choice of parents - mother or father of child;

      2) to single parent, bringing up a child;

      3) to other relative, actually bringing up a child without parental care, or to guardian;

      4) to employee, who adopted newborn child (children).

      2. Unpaid three years’ parental leave shall be provided on the basis of written application of the employee, indicating its duration and submission of birth certificate or other document, confirming fact of child birth.

      The employee can use unpaid three years’ parental leave in whole or in part.

      3. Place of work (position) shall be preserved for the employee during unpaid three years’ parental leave.

      4. In case of turn back to work before expiration of unpaid three years’ parental leave the employee shall be obliged to warn the employer on its intention one month before commencement of work.

      Chapter 8. RATE SETTING AND REMUNERATION

Article 101. Labor rating

      1. Work standards (time, output, intensity, servicing, number) constitute the measure of labour inputs and shall be established for employee of the relevant qualification in accordance with attained level of technique, technology, production and work management.

      2. Development, introduction, replacement and revision of work standards shall be performed by the employer in the orderestablished by the authorized state labour body.

      3. Work standards are subject to mandatory replacement with the certification and rationalization of work places, introduction of new technique, technology and technical and organizational measures ensuring increase of labour efficiency.

      Achievement of high level of output (services rendering) by some employees due to application of new working methods and improvement of working places is not a basis for review of earlier established work quotas.

      4. Employees shall be notified on introduction of new work standards by the employer within one month in advance.

      5. At development of work standards the following shall be provided:

      1) quality of work standards, their best approximation to required labour input;

      2) establishment of similar work standards for the same work, performed in similar organizational and technical conditions;

      3) progressiveness of work standards on the basis of scientific and technical achievements;

      4) coverage by labour rating of those kinds of work, for which work standards establishment is possible and reasonable ;

      5) technical (scientific) feasibility of work standards.

      6.Work standards in the organization, on which services (goods, works) state regulation of tariffs (prices, charge rates) are introduced, shall be approved by the employer as agreed with the authorized state bodies of the relevant areas of activity and with the authorized state labour body in established order.

      7. Standard guidelines and labour standards shall be developed and approved by industry associations of employers, single and (or) inter-industry standard guidelines and labour standards for all areas of activity shall be approved by the National chamber of entrepreneurs of the Republic of Kazakhstan as agreed with representatives of employees in order, established by the authorized state labour body.

      8. Qualification requirements to employees and complexity of certain kinds of work shall be established on the basis of professional standards, and if they are absent, on the basis of unified rating and skills guide for jobs and occupations of manual workers, Job Evaluation Catalogue of Posts of Top Managers, Experts and Employees, tariff qualification characteristics of professions of employees and standard qualification characteristics of top managers, specialists and other employees.

Article 102. State guarantees in the remuneration matters

      State guarantees in the area of remuneration include:

      1) minimum amount of monthly wage;

      2) minimum amount of hourly wage;

      3) payment for overtime work;

      4) payment for work on weekends and public holidays;

      5) payment for work at night;

      6) restriction of amount of deduction from wage of the employee;

      7) procedure and terms of salary payment.

Article 103. Amount of salary

      1. Amount of monthly salary of the employee shall be established on a case-by-case basis depending on employee qualification, complexity, quantity and quality of performed work, and also working conditions. Amount of monthly salary shall not be limited by maximum amount.

      Salary shall be paid to the employee for actually worked time, recorded in documents of the employer on accounting of working hours.

      2. Amount of monthly salary of the employee, which worked determined norm of working hours and metWork standardsor performed employment duties, cannot be less than minimum amount of monthly salary, established for the relevant financial by the law of the Republic of Kazakhstan on the republican budget.

Article 104. Establishment of minimum salary amount

      1. Minimum amount of monthly salary, established annually for the relevant financial year by the law of the Republic of Kazakhstan on the republican budget, shall not be less than minimum cost of living and shall not include bonuses, reimbursements and benefits, premiums and other incentive payments and shall be paid in proportion to time worked.

      2. Minimum amount of hourly salary of employee, performed its employment duties, cannot be lower than minimum amount of monthly salary, divided by average monthly number of working hours according to balance of working time for the relevant calendar year.

      3. Minimum amount of monthly salary or amount of monthly tariff rate of first-class employer, stipulated by terms of labour, collective agreements and (or) acts of the employer, cannot be less than minimum amount of monthly salary, established for the relevant financial year by the law of the Republic of Kazakhstan on the republican budget.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

Article 105. Payment for work of employees, engaged in heavy works, harmful and (or) hazardous working environments

      1. Payment for work of employees, engaged in heavy works, harmful and (or) hazardous working environments shall be increased in comparison with payment for work of employees, engaged in normal working conditions by means of establishment of increased official salaries (rates), or additional payments, which amount shall be determined by collective agreement or act of the employer taking into account industry ratios, classifying working conditions by harm and danger degree, determined by industry agreement.

      2. Increased payment for work of employees, engaged in heavy works, harmful and (or) hazardous working environments shall be made according to List of production, workshops, professions and positions, list of heavy works, harmful and (or) hazardous working environments.

      3. Paying conditions, established by this article, shall be provided to employees, which labour on heavy works, harmful and (or) hazardous working environments shall be confirmed by the results of certification of production objects by working conditions.

      In case of the employer's failure to perform certification of production facilities by working conditions and also by work places, payment for work of employees engaged in heavy works, harmful and (or) hazardous working environments shall be made according to List of production, workshops, professions and positions, list of heavy works, harmful and (or) hazardous working environments.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice Minister of Health and Social Development of the Republic of Kazakhstan dated May 27, 2016), Rules for provision of raised wage

Article 106. Hourly wage

      1. Terms of employment agreement and (or) act of the employer can establish hourly remuneration for performed works in case of part time, and also for payment of temporary or single work. Hourly wage shall be established in case of reduced working hours for some categories of employees, stipulated by this Code.

      2. Remuneration in case of record of cumulative hours worked shall be performed for actually worked number of working hours according to shift schedule (rotational schedule). Salary accounting shall be performed according to hour tariff rate, calculated on the basis of tariff rate (official salary) and monthly rate of working time in accordance with balance of working time for the relevant calendar year.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

Article 107. Remuneration system

      1. Salary to employee shall be established by employment agreement in accordance with remuneration systems of the employer.

      2. Remuneration system shall be determined by terms of labour, collective agreements and (or) acts of the employer.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

      3. The employer can introduce incentive systems and other forms of stimulation, determined by terms of collective agreement and (or) acts of the employer for the purpose of increase of interest of employees in improvement of production and quality of performed works.

      4. Remuneration system shall ensure share of base salary of at least 75 percent in salary of employees without lumpsum incentive payments.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

      5. Remuneration conditions determined by agreements, labour, collective agreements and acts of the employer, cannot be worsened in comparison with terms, established by this Code and other regulatory legal acts of the Republic of Kazakhstan.

Article 108. Overtime compensation

      In case of remuneration on the time rate basis, overtime work shall be paid for in increased amount according to terms of labor or collective agreements and (or) act of the employer, but not lower than at a time-and-a-half rate on the basis of daily (hour) rate of employee. In case of piece-work payment for labour, additional payment for overtime work shall be made in the amount not lower than fifty percent from established daily (hour) rate of employee.

      Upon mutual agreement of the parties period of rests on the basis of at least one hour of rest per one hour of overtime work shall be admitted.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

Article 109. Payment for work on weekends and public holidays

      Payment for work on weekends and public holidays shall be made in increased amount according to terms of labour or collective agreement and (or) act of the employer, but not lower than at a time-and-a-half rate on the basis of daily (hour) rate of employee.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

Article 110. Payment for work at night

      Each working hour at night shall be paid for in increased amount according to terms of labour or collective agreement and (or) act of the employer, but not lower than at a time-and-a-half rate on the basis of daily (hour) rate of employee.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

Article 111. Payment for work in case of positions overlapping, enhancement of service area and performance (substitution) obligations of temporarily absent employee

      1. Employees, performing additional work at the same or other position or obligations of temporarily absent employee together with its basic work, stipulated by employment agreement, without relief from its basic work, shall be provided with additional payment.

      2. Additional work, assigned for employees, can be performed by:

      1) positions overlapping - performance of additional work by other vacancy together with basic work, stipulated by employment agreement (job description);

      Subparagraph 2 as amended in accordance with the Law of the Republic of Kazakhstan No. 483-V dated 06.04.16 (refer to earlier version)

      2) enhancement of service area - performance of additional work during established duration of working hours (shift) together with basic work, stipulated by employment agreement (job description);

      3) performance (substitution) of obligations of temporarily absent employee - performance of additional work by the same and by other position together with basic work, stipulated by employment agreement (job description);

      Additional payment for performance (substitution) obligations of temporarily absent employee is not made in case, if substitution of temporarily absent employee is included into official duties of substituting employee.

      3. Amounts of additional payments for positions overlapping, enhancement of service area or performance (substitution) of obligations of temporarily employee shall be established by the employer as agreed with the employee on the basis of performed work.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

Article 112. Idle time compensation

      1. Procedure for execution of idle time and payment conditions of idle time for reasons beyond the control of the employer and employee shall be determined by labour, collective agreements and established in the amount not lower than minimum amount of salary, due to the fault of the employer - in the amount not less than fifty percent from average salary of the employee.

      2. Idle time appeared through the fault of the employee, shall not be compensated.

Article 113. Procedure and terms for payment of salary

      1. Salary shall be established and paid in monetary form in national currency of the Republic of Kazakhstan at least one time per month not later than first decade of the next month. Date of salary payment shall be stipulated by employment agreement. If day of salary payment coincide with weekdays or holidays, payment shall be made on the eve of them.

      2. When paying the salary, the employer shall be obliged to inform each employee in written or in electronic form on components of salary owed to it for the relevant period, amounts and causes of deductions, including information on deducted and transferred obligatory pension contributions ad also on total due monetary amount.

      3. If the employer fails to pay salary in full and within the terms, established by the employment contract, the employer shall bear responsibility in accordance with the laws of the Republic of Kazakhstan. The employer shall pay indebtedness and penalty for delay period of payment to the employee. Amount of penalty shall be calculated on the basis of official refunding rate of the National Bank of the Republic of Kazakhstan as of the day of performance of obligations on payment of salary and calculated for each delayed calendar day starting from the next day, when payments shall be made, and finished on the day of payment.

      Also refer to: Regulatory resolution of the Supreme Court of the Republic of Kazakhstan No. 7 dated November 27, 2015 "On application of legislation on moral damage compensation by courts"

      Formula for calculation of penalty for salary delay - refer to response of the Ministry of Labour and Social Protection of Population of the Republic of Kazakhstan dated August 17, 2010

      4. In case of termination of employment agreement, payment of amounts due to the employee from the employer shall be made within three working days after its termination.

Article 114. Calculation of average salary of employee

      1. Calculation of average salary in case of five-day or six-day working week shall be performed for actually worked time on the basis of average daily (hour) wage for the relevant period taking into account established bonuses and other incentive payments, stipulated by remuneration system.

      2. Accounting period for calculation of average salary lasts twelve calendar months preceding event with which corresponding payment shall be related in accordance with this Code. Average salary for employees, who have worked less than twelve calendar months, shall be determined for actually worked time.

      Other periods for calculation of average salary can be stipulated in collective agreement if this does not worsen position of the employees.

      3. In all cases of determination of average salary, stipulated by this Code, authorized state labour body shall establish single procedure for its calculation.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 115. Deductions from salary

      1. Deductions from salary of the employee shall be made upon decision of the court, and also in cases, stipulated by the laws of the Republic of Kazakhstan and this article of the Code.

      2. Deductions from salary of the employee for debt recovery owed to the organization, in which it works, can be made on the basis of act of the employer with written notification of the employee:

      1) for compensation of unused and untimely returned monetary amounts, issued due to business trip, and also in case of failure to submit documents, related to business trip and confirming expenses;

      2) in cases, stipulating compensation of expenses, related to training of the employee, to the employer, if there is training contract, in proportion to unfinished work repayment period in case of early termination of employment agreement;

      3) for compensation of unearned advance, issued to the employee toward salary;

      4) in case of transfer or recall of the employee from annual paid leave, except paragraph 3 of article 95of this Code;

      5) in other cases, if there is written agreement of the employee.

      Refer to: Letter of the Committee for labour, social protection and migration of the Ministry of Health and Social Development of the Republic of Kazakhstan No. 22-2-22/34664 dated August 31, 2016 "Salary deduction taking into account leave time unspent in the accounting period can be implemented with consent of the employee"

      3. In case of deduction from salary based on several enforcement orders and also in cases, stipulated by the laws of the Republic of Kazakhstan and this article of the Code the amount of monthly deduction may not be more than fifty percent of due salary.

Chapter 9. SKILLING, UPSKILLING AND RESKILLING

Article 116. Definitions used in this chapter

      Definitions used in this chapter are as follows:

      1) advanced training is form of vocational training, allowing maintenance, extension, deepening and improvement of earlier acquired professional knowledge, skills and abilities;

      2. Subparagraph 2 set out in new version of the law of the Republic of Kazakhstan No. 172-VI dated 04.07.18 (refer to earlier version)

      2) dual education is form of staff training, combining training in educational organization with mandatory periods of industrial training and professional practice at enterprise (in the organization) with provision of working places and compensation payment to students with equal responsibility of the enterprise (organization), educational institution and student;

      Subparagraph 3 set out in new version of the law of the Republic of Kazakhstan No. 172-VI dated 04.07.18 (refer to earlier version)

      3) dual training agreement is written agreement between student, enterprise (organization), providing work placefor on-the-job training and professional practice, and educational institution, regulating terms and procedure for on-the-job training and professional practice;

      4) vocational training is form of professional training aimed at personal development for acquisition of new or modified professional skills, necessary for performance of certain type of work;

      5) retraining is form of vocational training allowing mastering of another profession or specialty;

      6) training agreement is written agreement between employer and student on terms of vocational training, retraining and advanced training.

      As amended by subparagraph 6-1 in accordance with the Law of the Republic of Kazakhstan No. 172-VI dated 04.07.18

      6-1) industrial training is training aimed at acquisition of theoretical knowledge, practical skills by students, on the basis of educational organizations and (or) enterprises (organizations);

      Article as amended by subparagraph 7 in accordance with the Law of the Republic of Kazakhstan No. 172-VI dated 04.07.18 (shall be enforced since January 1, 2021)

      Article as amended by subparagraph 8 in accordance with the Law of the Republic of Kazakhstan No. 172-VI dated 04.07.18

      8) mentor is qualified employee of the enterprise (organization), which knows production technologies or service sector, performs management of industrial training and professional practice.

Article 117. Professional standards and qualification system

      1. National qualifications framework consists of description of each qualification level of general characteristics of professional activity.

      Sectoral qualifications framework classifies requirements to qualification of specialists by levels depending on complexity of performed work and nature of used knowledge, skills and competencies.

      Professional standard is a standard, determining requirements to level of qualification and competence, to content, quality and working conditions in certain area of professional activity.

      2. Development, introduction, replacement and revision of professional standards are implemented by association of employers on the basis of sectoral qualifications framework and shall be approved by the National Chamber of Entrepreneurs of the Republic of Kazakhstan in order, established by the authorized state labour body.

      Article as amended by subparagraph 2-1 in accordance with the Law of the Republic of Kazakhstan No. 483-V dated 06.04.16

      2-1. Development, approval, replacement and revision of professional standards for services rendered by state legal entities shall be implemented by state bodies of the relevant areas of activity as agreed with the authorized state labour body.

      Paragraph 3 as amended in accordance with the Law of the Republic of Kazakhstan No. 171-VI dated 04.07.18 (refer to earlier version)

      3. Development and revision of the national qualifications framework shall be performed by the authorized state labour body together with the authorized body in the area of education shall be approved by the republican tripartite commission on social partnership and regulation of social and labor relations.

      4. Development and revision of sectoral qualifications framework shall be performed by the authorized state bodies and associations employers of the relevant areas of activity and shall be approved by sectoral commissions on social partnership and regulation of social and labor relations.

      Article as amended by paragraphs 5 and 6 in accordance with the Law of the Republic of Kazakhstan No. 171-VI dated 04.07.18 (shall be enforced since January 1, 2021)

Article 118. Skilling, upskilling and reskilling

      1. Necessity and scope of training, retraining and advanced training shall be determined by the employer for operation and development of the organization.

      Refer to: Order of the Minister of Health and Social Development of the Republic of Kazakhstan No. 1045 dated December 28, 2015 "On approval of general requirements to professional training, retraining and advanced training of personnel in the organization"

      Article as amended by paragraph 1-1 in accordance with the Law of the Republic of Kazakhstan No. 171-VI dated 04.07.18

      1-1. Educational programs of technical and vocational, post-secondary, higher and postgraduate education, retraining and advanced training shall be focused on learning outcomes and take into account the requirements, if there are the relevant professional standards for implementation of comprehensive system of compliance and awarding qualifications confirmation.

      2. The employers shall conduct professional training, retraining and advanced training of employees or other persons not being in employment relations with them (student):

      1) directly in the organization (of employer);

      2) in educational institutions implementing educational programs of technical and vocational, post-secondary, higher and postgraduate education;

      3) in other organizations, conducting vocational training, retraining and advanced training of personnel.

      3. Vocational training, retraining and advanced training of students under appointment of the employer shall be performed at the expense of the employer or other funds, not prohibited by the legislation of the Republic of Kazakhstan, in accordance with training contract.

      4. Training contract shall include:

      Subparagraph 1 as amended in accordance with the Law of the Republic of Kazakhstan No. 172-VI dated 04.07.18 (refer to earlier version)

      1) reference to certain specialty, qualification, acquired by student, and (or) name of qualification course;

      2) rights and obligations of the employer and student;

      3) duration of course and work repayment period of the employer after completion of training;

      4) procedure and cases of compensation of expenses, related to training, to the employer in proportion to unfinished work repayment period;

      5) guarantees and compensation payments, related to training;

      6) parties responsibility.

      Training contract may include other conditions, determined as agreed by the parties.

      5. Employees involved in vocational training, retraining and advanced training, may be exempt from work or perform part-time work as agreed with the employer.

      6. Allowances and compensation payments related to training can be stipulated in the contract, collective and (or) employment agreements.

      7. The employer assists to educational institutions, implementing educational programs of technical and vocational education in training, retraining and advanced training of personnel.

      Paragraph 8 as amended by the Law of the Republic of Kazakhstan No. 172-VI dated 04.07.18 (refer to earlier version)

      8. Employees shall provide places for professional practice and also for industrial training, create safe conditions and perform obligations, stipulated by the agreements, in accordance with the legislation of the Republic of Kazakhstan on education.

      Article 119 as amended in accordance with the Law of the Republic of Kazakhstan No. 171-VI dated 04.07.18 (refer to earlier version); Law of the Republic of Kazakhstan No. 172-VI dated 04.07.18 (refer to earlier version)

Article 119. Dual training

      Dual training shall be implemented in accordance with dual training contract, concluded on the basis of form of standard dual training contract, approved by the authorized body in the area of education.

      Work order rules apply to the student during industrial training and professional practice.

      During industrial training and professional practice, the student shall perform certain functional duties, which shall be included in working experience of the student, and compensation payment can be done during this period.

      Occupational health and safety requirements cover persons, who passed industrial training and professional practice.

      The enterprise (organization) appoints mentor for the student on the basis of dual training contract for management with industrial training and professional practice.

Chapter 10. FINANCIAL RESPONSIBILITY OF EMPLOYMENT AGREEMENT PARTIES

Article 120. Obligation of the employment agreement party on compensation of the damage (harm) inflicted

      1. Financial responsibility of employment agreement party for the damage (harm) caused by it to other party of the employment agreement, occurs for damage (injury) caused in the result of culpable wrongdoing (action or inaction) and causal link between culpable wrongdoing and caused damage (harm), unless otherwise stipulated by this Code and other laws of the Republic of Kazakhstan.

      2. Party of the employment agreement, caused damage (harm) to the other party, shall compensate it in accordance with this Code and other laws of the Republic of Kazakhstan.

      3. Financial responsibility of the employer and the employee can be specified in labour, collective agreements.

      4. Termination of employment agreement after damaging (harm) does not lead to exemption of party of employment agreement from financial responsibility for compensation of caused damage (harm) to other party.

Article 121. Financial responsibility of the employer for damage, caused to the employee by means of illegal dismissal

      1. The employer shall be obliged to compensate the employee for unpaid salary and other payments due to it in case of illegal transfer to another job, non-admission of the employee to working place, unilateral change of terms of employment agreement, dismissal from work, termination of employment agreement.

      2. Labour and collective agreements can establish additional cases of compensation by the employer for damage caused by illegal dismissal.

Article 122. Financial responsibility of the employer for damage, caused to life and (or) health of employer

      1. In case of harm to life and (or) health of the employee during performance of its job duties, the employer shall be obliged to compensate for the damage in the amount and in order, stipulated by the legislation of the Republic of Kazakhstan.

      2. Damage, stipulated by paragraph 1 of this article, shall be compensated in full if the employee has no insurance payments, except cases, stipulated in paragraph 3 of this article. If there are insurance payments, the employer shall be obliged to compensate the difference between insurance amount and actual amount of harm to the employee.

      Refer to amendments in paragraph 3 of the Law of the Republic of Kazakhstan No. 80-VI dated 30.06.17 (shall be enforced since January 1, 2020)

      2. If the harm is inflicted to the employee due to establishment of loss of occupational capacity degree from five to twenty nine percent inclusive, the employer shall be obliged to compensate lost earnings and expenses, caused by health damage, to the employee.

      Amount of expenses, caused by health damage, compensated by the employer during establishment of the degree of loss of the capacity for work shall not exceed two hundred and fifty monthly calculated indexes, established for the corresponding financial year by the law on the republican budget at the time of payment.

      Payment on compensation of expenses, caused by damage to health, shall be made on the basis of documents, confirming these expenses, submitted by the employee or the person, incurred these expenses. At that the expenses included into statutory free medical assistance in accordance with the legislation of the Republic of Kazakhstan in healthcare, shall not be compensated.

      Also refer to: Regulatory resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated July 9, 1999 "On some issues of application of legislation of the Republic on compensation of damage, caused to health, by the courts"

Article 123 Financial responsibility of the employee for damaging of the employer

      1. Financial responsibility of employee for damage, caused to employer, occurs in cases, stipulated by this Code, other regulatory legal acts of the Republic of Kazakhstan and acts of the employer.

      2. Responsibility of the employee for damage, caused to the employer, shall be excluded if damage occurred in the result of force majeure or extreme necessity, necessary defense, and employer's failure to fulfill obligation on provision of proper conditions for preservation of property, transferred to the employee.

      3. The employee shall be obliged to compensate direct actual damage inflicted to the employer.

      4. Direct actual damage is meant as real decrease of available assets of the employer or deterioration of state of specified property (including property of third parties owned by the employer, if the employer is responsible for preservation of this property), and also necessity for the employer to make expenses or excessive payments for property acquisition or restoration.

      5. Assignment of responsibility on the employee for such damage, which can be related to category of standard operating risk, is not admissible.

      6. The employer shall be obliged to create conditions required for normal operation and preservation of property entrusted to employees.

      7. List of positions and works, employed or performed by employees, with which agreement on complete individual or collective (joint and several) financial responsibility for failure to provide safeguard of assets and other values, transferred to employees, and also standard agreement on complete financial responsibility may be concluded, shall be approved by act of the employer.

      8. Financial responsibility shall be imposed on the employer in full amount of the damage, caused to the employer, in following cases:

      1) failure to deliver safeguard of assets and other values, transferred to employee on the basis of written agreement on assumption of full financial responsibility;

      2) failure to ensure safeguard of assets and other values, received by the employee on condition of accountability by single document;

      3) damaging in state of alcoholic, narcotic or inhalant intoxication (their analogues).

      4) deficiency, intentional destruction or malicious damage of materials, semi-finished products, products (goods), including during their manufacturing, and also tools, measuring devices, special cloths and other items, issued by the employer to the employee for use;

      5) violation of non-compete clause, which led to damaging of the employer;

      6) in other cases stated in labour and collective agreements.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Chapter 11. GUARANTEES AND COMPENSATION PAYMENTS

Article 124. Guarantees in state or public duties performing by employees

      1. The employer shall exempt employees from performance of employment duties during their engagement to state or public duties in cases stipulated by the laws of the Republic of Kazakhstan, retaining their place of work (position).

      2. Salary for fulfillment of state and public duties shall be paid to the employee at place of fulfillment of specified duties, but not lower than average salary at place of work.

      3. Persons, having discharged the military service, within two months after it, have preferential rights in case of employment in organization, where they worked before calling up for the compulsory military service .

Article 125. Guarantees for employees sent to medical examination

      Place of work (position) and average salary shall be retained for employees during periodical medical examinations, performed at the expense of the employer, for employees, which are obliged to pass them in accordance with this Code or collective agreement.

Article 126. Guarantees for employees being donors

      Place of work (position) and average salary shall be retained for employee, which is donor, during examination and donation of blood and its components, and other guarantees shall be provided in accordance with the legislation of the Republic of Kazakhstan in the area of healthcare.

Article 127. Guarantees and compensation payments for employees, sent to business trips

      1. Place of work (position) and salary for working days, falling on days of business trip, shall be retained for employee during business trip.

      2. Employees sent to business trips are paid to with the following:

      1) daily allowances for calendar days in business trip, including time in travel;

      2) expenses for transportation to destination and back;

      3) expenses on rent of residential accommodation.

      3. Terms and conditions of business trip of employees shall be determined in labour, collective agreements or act of the employer.

      4. Sending to business trips of the under-eighteen employees, pregnant women and also disabled employees to business trips shall be allowed if such work is not prohibited based on medical necessity. And such employees shall be entitled to refuse from business trip.

      5. Employees, who have children under the three year age, employees, looking after ill family members or bringing up disabled children can refuse from business trip, if disabled children or ill family members need constant care on the basis of medical report.

      Article as amended by paragraph 6 in accordance with the Law of the Republic of Kazakhstan No. 112-VI dated 30.11.17

      6. Compensation of expenses for business trips at the expense of budget funds, including to foreign states, shall be performed in order, determined by the Government of the Republic of Kazakhstan.

      Procedure for compensation of expenses for business trips at the expense of budget funds, including to foreign states, shall be developed by the central authorized budget planning authority.

      The law is amended by adding articles 127-1 and 127-2 in accordance with the Law of the Republic of Kazakhstan No. 483-V dated 06.04.16

Article 127-1. Guarantees for employees, performing labor activity in ecological disaster zones and zones of radiation risk

      Guarantees for employees, performing labour activity in ecological disaster zones and zones of radiation risk shall be established by the laws of the Republic of Kazakhstan.

Article 127-2. Guarantees for employees, officers, which took part in peacekeeping operation

      Guarantees for employees, officers, which took part in peacekeeping operation, shall be established by the laws of the Republic of Kazakhstan.

Article 128. Compensation payments in case of employee transfer to another region together with the employer

      1. If the employee is transferred to job to other region together with the employer, the employer shall be obliged to compensate following expenses to the employee:

      1) moving the employee and members of his/her family;

      2) shipment of effects of the employee and members of its family.

      2. Procedure and amounts of compensation payments, stipulated by paragraph 1 of this article, shall be determined by labour, collective agreements or act of the employer.

Article 129. Compensation payments related to use of personal property by the eployee for the benefit of the employer

      Compensation payment for use, wear and tear (depreciation) of tool, personal transport, other technical facilities and expenses for their operation shall be paid as agreed by the parties when employee uses personal property in favour of the employer and in case of its agreement.

Article 130. Compensation payments to employees in cases, when their work is performed while travelling or of an itinerant nature, or related to business trips within serviced areas

      1. Employees, when their work is performed while travelling or of an itinerant nature, or related to business trips within serviced areas, can get compensation payments for each day of staying outside permanent place of residence in order, established by the agreement, collective, labor agreements and (or) act of the employer.

      2. Employees of railway, river, sea, road transport, civil aviation, highways, main pipelines, backbone structures and structures on them, radio links and structures on them, overhead transmission lines and structures on them, communication objects, and also employees, maintaining areas of the State border of the Republic of Kazakhstan are related to employees, which permanent job is performed while travelling or of an itinerant nature, or related to business trips within serviced areas.

      3. If employees are travelling during not all working days of the month, payment shall be made in proportion to actual number of days of trips to work place(performance of work) and back.

Article 131. Compensation payments due to loss of work

      1. The employer shall make compensation payments due to loss of work in the amount of the average salary per month in following cases:

      1) in case of termination of employment agreement on initiative of the employer in case of liquidation of the employer - legal entity or termination of activity of the employer - individual;

      2) in case of termination of employment agreement on initiative of the employer in case of reduction in the number of employees or staff size;

      3) in case of termination of employment agreement on initiative of the employee in case of non-fulfillment of terms of employment agreement by the employer.

      2. The employer shall make compensation payments due to loss of work in case of termination of employment agreement, initiated by the employer in case of decline of production, performed work and rendered services, which led to deterioration of economic state of the employer, in the amount of average salary per two months.

      3. Higher amount of compensation payment due to loss of work can be stipulated in labour, collective agreements or act of employer.

Article 132 Procedure and terms of payment of field allowances

      1. Field allowances shall be paid to employees of geological exploration, topographic and geodesic, survey organizations during performance of work in field conditions:

      1) outside permanent place of residence without daily return to permanent place of residence;

      2) outside permanent place of residence but with daily return to place of field organization, which is not permanent place of residence;

      3) outside permanent place of residence by means of work organization on a rotational basis.

      2. Procedure, terms of payment and amount of field allowances, accounting of working hours in field conditions shall be established in agreements, collective, labor agreements and shall be approved by employer's act.

Article 133. Payment of social allowance on temporary disability to employees at the expense of the employer

      1. The employer shall be obliged to pay social allowance on temporary disability to employees at his its expense.

      Paragraph 2 as amended by the Law of the Republic of Kazakhstan No. 165-VI dated 02.07.18 (see earlier version)

      2. Cause for payment of social allowance on temporary disability are sheets of temporary disability, issued in order , determined by the authorized body in the area of health care.

      3. Social allowance on temporary disability are paid to employees from the first day of disability until till rehabilitation or till disability confirmation in accordance with legislation of the Republic of Kazakhstan.

      4. Social allowance on temporary disability shall be paid:

      1) to employee which temporary disability has occurred in the result of industrial injuries, occurred during criminal offense, if guilt was established as final and binding by the court verdict;

      2) for the period of forced treatment of the employee on decision of the court (besides mentally disabled);

      3) when the employee is arrested or during forensic medical examination in case of establishment of its guilt as final and binding by the court verdict or resolution;

      4) in case of temporary disability of the employer due to diseases or industrial injuries, occurred in the result of consumption of alcohol, narcotic and toxicologic agents;

      5) for days of temporary disability, occurred during paid annual leave.

      5. Amounts of social allowance on temporary disability shall be determined by the Government of the Republic of Kazakhstan, procedure for assignment and payment - by the authorized public labour body.

      Employers shall be entitled to establish additional payments to employees to amount of social allowance on temporary disability, established by the legislation of the Republic of Kazakhstan.

Chapter 12. REGULATORY CONSIDERATION FOR LABOUR OF SPECIFIC CATEGORIES OF EMPLOYEES

Article 134. Seasonal works

      1. Seasonal works are works, which are performed during certain period (season), but not more than one year due to climatic or other environmental conditions.

      2. Employment contract shall include condition on conclusion of the agreement for performance of seasonal works and certain period of their performance.

      3. In case of conclusion of employment agreement for seasonal works, probationary period for the purpose of verification of compliance of the employee to the work, shall not be established.

      4. Employment agreement with employees, engaged in seasonal works, can be terminated upon initiative of the employer in following cases, besides causes, stipulated by article 52 of this Code:

      1) suspension of work of the employer for a period more than two weeks on production reasons;

      2) if the employer did not appear at work during one month due to temporary disability;

      5. Employee, engaged in seasonal works, shall be entitled to terminate employment agreement upon its own initiative, having notified the employer in writing within seven calendar days.

      6. The employer shall be obliged to notify seasonal employer about termination of employment agreement on causes, stipulated in subparagraphs 1) and 2) of paragraph 1 of article 52 of this Code, within seven calendar days.

      7. In case of termination of employment agreement with employee, engaged in seasonal works, employer shall make compensation payment for unutilised vacation in proportion to time worked.

      8. In case of termination of employment agreement with employee, engaged in seasonal works, on causes, stipulated in subparagraphs 1) and 2) of paragraph 1 of Article 52 of this Code, compensation shall be paid in the amount of two week average salary.

Article 135. Rotational work

      1. Rotational method is particular way of organizing the labour process outside place of permanent residence of employees, when their daily return to permanent place of residence cannot be ensured.

      2. The employer shall be obliged to provide employers, which work on rotational basis during their location at work site with accommodation and organize their nutrition for life activity, delivery to place of work and back, and conditions for work performance and inter-shift break.

      The employer shall provide conditions for employees location at work site, and procedure for application of rotational method in accordance with labor, collective agreements and/or provision on rotational method of work, approved by the employer.

      3. Employees, which did not attain eighteen years old, pregnant women with pregnancy period twelve or more weeks, and disabled people of first group are not allowed to works on rotational basis from the day of submission of medical report. Other employees can be engaged in works, performed on rotational basis, if such works are not contraindicated for them on the basis of medical reports.

      4. Shift is period, including time during which work is performed at the site and periods of rest between shifts. Duration of rotation shift shall not exceed fifteen calendar days.

      Duration of rotation shift can be extended to thirty calendar days in accordance with collective labor agreements with the written consent of the employee.

      For members of crew of marine crafts duration of rotation shift can be extended to one hundred and twenty calendar days with the consent of the employee.

      5. In case of rotational method of work summarized accounting of working time for a quarter or other longer period, but not more than one breaking-in period, shall be established.

      6. Working and leisure time within the accounting period shall be approved by rotation work schedule (rotational schedule). Accounting period covers working time, leisure time, travel time from location of the employer or from collection point to place of work and back, and other periods, falling on given calendar period of time. Total working time for the accounting period shall not exceed norm, established by this Code. Employer shall be obliged to maintain records of the working time and leisure time of each employee, working on rotational basis.

      Travel time from location of the employer or from collection point to place of work and back shall be not included into working hours.

      If shift length is more than eight hours, break for leisure and meal shall be at least one hour.

      7. Payment for work of employees, which work on rotational basis at night, on weekends and holidays, shall be paid no later than the date of payment of salary for worked month, stipulated by labor, collective agreements.

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

Article 136 Household employees

      1. Household employees are employees, performing work (rendering services) for employers - individuals in household, which is maintained by one or more family members, if works (services) are performed (rendered) not for the purpose of income generation by the employer and (or) for the employer.

      2. Issue of employment act or act on termination of employment relations with household employee and entry of information about its work in occupational record shall not be made by the employer.

      3. Terms of written warning on expiration (termination) of employment agreement with household employee, and also cases and amounts of compensation payments due to loss of work shall be established by employment agreement.

      4. Individual employment disputes between household employees and the employer shall be resolved by agreement of the parties and (or) in the court.

Article 137. Home workers

      1. Home workers are persons, which concluded employment agreement with employer for performance of work at home, using personal labor with materials and equipment, tools and appliances, either allocated by the employer or purchased at the expense of the employer.

      2. Performance of work at home can be established during conclusion of employment agreement and during validity of employment agreement, making appropriate amendments to the employment agreement.

      3. Employment agreement on performance of work at home shall include provisions on:

      1) performance of work, using equipment, materials, tools and appliances, owned by the employee or allocated by the employer or acquired at the expense of the employer;

      2) procedure and terms of employee provision with raw materials, materials, semi-finished products, which are necessary for work performance;

      3) compensation and other payments to employee.

Article 138. Remote work

      1. Remote work is special form of labor process outside location of the employer using information and communication technologies during the work.

      2. The employer shall provide the employee with means of communication (communication tools) and bear costs on their installation and maintenance. If the employee uses own means of communication, the employer shall pay a compensation, which amount and payment procedure shall be established as agreed by the parties.

      Other expenses, related to performance of work for the employer (cost of energy, water and other costs), can be compensated to the remote employee as agreed by the parties.

      3. Fixed record of hours worked, characteristics of which control shall be determined in labor agreement for employees, engaged in remote work.

Article 139. Civil service

      1. Receipt on civil service shall be performed in order of appointment or on a competitive basis.

      2. Competition shall be organized and performed by state institution, public enterprise with vacancy.

      3. Acceptance at civil service shall be performed by means of conclusion of employment agreement and publication of employer's act.

      4. Person, which earlier committed corruption-related crime, cannot be accepted at civil service on position, related to performance of managerial functions.

      5. Development and approval of post register of civil employees shall be performed by the authorized public bodies of the relevant areas of activity as agreed upon with the authorized public labour body.

      6. Civil employee shall not be entitled to:

      1) use material and technical, financial and information support, other state property and proprietary information for non-service purposes;

      2) participate in activities, preventing normal operation of civil service and performance of official duties;

      3) use job position for purposes, not related to civil service;

      4) disclose information, which became known during the civil service, which is state secrets, official and other legally protected secret.

      7. Procedure and conditions of certification of civil employees shall be determined by the authorized state body of the relevant area of activity.

      8. Civil employee, upon its written request, can be transferred to work to another public institution, public enterprise as agreed between chiefs of the relevant organizations.

      Refer to amendments of paragraph 9 - Law of the Republic of Kazakhstan No. 73-VI dated 15.06.17 (shall be enforced since January 1, 2019)

      9. Remuneration of government-sponsored civil employees shall be determined by the Government of the Republic of Kazakhstan.

      Professionals in the area of health care, social welfare, education, culture, sports and veterinary, who are civil employees and work in rural areas, have increased, at least on twenty five percent, official salaries and tariff rates in comparison with salaries and tariff rates of civil employees, engaged in these kinds of activities in urban areas, in accordance with the decision of local representative bodies at the expense of budget funds unless otherwise provided by the laws of the Republic of Kazakhstan.

      List of positions of specialists in the area of health care, social welfare, education, culture, sport and veterinary, who are civil employees and work in rural area, shall be determined by the local executive body as agreed with the local representative body.

      10. Government-sponsored employees can shall be provided with basic paid annual leave, at least thirty calendar days with payment of allowance for rehabilitation in the amount of official salary.

      Allowance for rehabilitation of civil employees shall be paid one time per breaking-in period in case of provision of paid annual leave.

Article 140. Regulatory consideration of labour of chief executive officer and other members of corporate board

      1. Conclusion of employment agreement, procedure and terms of labour remuneration, bringing to disciplinary responsibility, dismissal from work of chief executive officer shall be implemented in accordance with this Code, other regulatory legal acts of the Republic of Kazakhstan, documents, approved by the founders, owner of property of legal entity or by authorized founders, owner (body) or authorized body of legal entity, provisions on separate structural subdivisions of legal entity and employment agreement.

      2. If sole founder (participant, shareholder) is the sole executive body of legal entity, then employment agreement shall not be concluded. Employment relations shall be executed by employer's act of employment, which shall contain labor function, period of employment, date of work commencement, place of work, and also amount and other conditions of remuneration.

      If structure of founders (participants, shareholders) is changed, employment agreement shall be concluded with chief executive officer or employment relations with it shall be terminated on the basis of decision of the founders, owner of property of legal entity or authorized by the founders, owner of person (body) or authorized body of legal entity.

      3. In case of appointment (election, approval position) of chief executive officer for new period, the relevant employment agreement shall be amended.

      4. Act of employer on employment and termination of employment agreement shall be signed by person, authorized by the decision of founders, owner of property of legal entity or authorized by founders, owner of the person (body) or authorized body of legal entity or documents, approved by them.

      5. Disciplinary action against chief and other members of corporate board of legal entity shall be imposed immediately after detection of disciplinary offense, but no later than two months from the date of its detection.

      Procedure for application of disciplinary actions to chief executive officer of legal entity shall be established by act of employer, approved by the decision of founders, owner of property of legal entity or authorized by founders, owner of person (body) or authorized body of legal entity, taking into account features of legislation of the Republic of Kazakhstan and constituent documents of legal entity.

      6. Regulatory considerations of labor of chief executive officer of legal entity, stipulated by this Code, cover sole executive body of legal entity, and also other members of corporate board.

Article 141. Regulation of labour of employees, related to aviation personnel of civil aviation

      Work of employees, related to aviation personnel of civil and experimental aviation directly related to flight safety shall be regulated by this Code with features, stipulated by the Law of the Republic of Kazakhstan "On use of airspace of the Republic of Kazakhstan and aviation activity" and other regulatory legal acts of the Republic of Kazakhstan, establishing special norms of working hours and rest periods, taking into account international standards and regulations in the area of civil aviation.

Article 142. Regulation of labour of employees, related to crew of marine crafts (onboard personnel)

      Work of employees, related to crew members of marine crafts (onboard personnel), shall be governed by this Code with features, stipulated by the Law of the Republic of Kazakhstan "On merchant shipping" and other regulatory acts of the Republic of Kazakhstan, establishing features of labor regulation, remuneration, working and leisure time of members crews of marine crafts (onboard personnel).

Article 143. Regulation of labour of public officers, deputies of the Parliament and maslikhats, judges of the Republic of Kazakhstan

      Work of public officers, deputies of the Parliament and maslikhats, judges of the Republic of Kazakhstan shall be regulated by this Code with features, stipulated by the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, establishing special conditions and procedure for entry on duty, service career and termination, special working conditions, payment conditions, and additional allowances, benefits and restrictions.

Article 144. Regulation of labor of persons, engaged in military service, employees of special state, law enforcement agencies and national courier service

      Work of persons on military service, employees of special state, law enforcement agencies and national courier service shall be regulated by this Code with features, stipulated by special laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, establishing special conditions and procedure for entry on duty, service career and termination, special working conditions, conditions of remuneration, and additional allowances, advantages and restrictions.

Article 145. Regulation of labour of employees of the National Bank of the Republic of Kazakhstan and its authorities

      Work of employees of the National Bank of the Republic of Kazakhstan and its departments shall be regulated by this Code with features, stipulated by the Law of the Republic of Kazakhstan "On the National Bank of the Republic of Kazakhstan" and other regulatory legal acts of the Republic of Kazakhstan and acts of the National Bank of the Republic of Kazakhstan, establishing special conditions for appointment and termination of employment agreement , special working conditions, system and conditions of remuneration, and also advantages and restrictions.

Article 146. Regulation of work of employees, included into trade union bodies of labour union

      Work of employees, which are members of trade union bodies of labour union, shall be governed by this Code with features, stipulated by the Law of the Republic of Kazakhstan "On Trade Unions".

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

SECTION 3. SOCIAL PARTNERSHIP AND COLLECTIVE RELATIONS IN THE AREA OF LABOUR Chapter 13. SOCIAL PARTNERSHIP IN THE AREA OF LABOUR

Article 147. Bodies, principles and tasks of social partnership

      1. Parties of social partnership are state, represented by the relevant executive bodies, employees and employers, represented by their representatives, authorized in the established order.

      2. Social partnership shall be provided in form of interaction of the parties by means of social partnership bodies:

      1) at the republican level - by the republican tripartite commission on social partnership and regulation of social and labor relations (hereinafter - republican commission);

      2) at sectoral level - by sectoral commissions on social partnership and regulation of social and labor relations (hereinafter - sectoral commission);

      3) at the regional (oblast, city, district) level - oblast, city, district commissions on social partnership and regulation of social and labor relations (hereinafter - the regional commission);

      4) at level of organizations in form of collective agreements, establishing certain mutual obligations in the area of labor between representatives of employees and employer on the basis of the legislation of the Republic of Kazakhstan.

      3. Permanent republican, sectoral, regional commissions shall be formed on the basis of following principles:

      1) obligatory participation of representatives of executive authorities, representatives of employers and employees in activity of commissions;

      2) authority of the parties;

      3) balanced representation;

      4) equality of participants;

      5) mutual responsibility of parties;

      4. Personal composition of commission participants shall be formed by each party of social partnership independently.

      5. Social partnership in the Republic of Kazakhstan is focused on solution of following tasks:

      1) creation of effective mechanisms of regulation of social, labour and related economic relations;

      2) assistance in promotion of social stability and social harmony on the basis of objective consideration of interests of all sections of society;

      3) assistance in assurance of employees rights in the area of labour, their social protection;

      4) assistance in consultations and negotiations between parties of social partnership at all levels;

      5) assistance in settlement of collective labour disputes;

      6) development of proposals on implementation of state policy in the area of social and labour relations.

Article 148. Organization of social partnership

      1. Republican, sectoral and regional commissions are permanent bodies concerning assurance of alignment of interests of the parties of social partnership by means of consultations and negotiations, which shall be executed by the relevant decisions binding on the parties.

      2. Organization of social partnership shall be entrusted:

      1) at the republican level - on the authorized state body on labour;

      2) at sectoral level - on the authorized state bodies of the relevant areas of activity;

      3) at regional level - on local executive bodies of the relevant administrative division.

      List of industries shall be established by the republican commission for the purposes of this Code.

      3. Members of commissions are:

      1) at republican level - authorized representatives of the Government of the Republic of Kazakhstan, republican associations of employees and republican associations of employers;

      2) at sectoral level - authorized representatives of authorized state bodies of the relevant areas of activity, representatives of employers and employees;

      3) at regional level - authorized representatives of local executive bodies, representatives of employers and employees.

      4. Authorized representatives of employees are:

      1) at republican level - republican association of trade unions;

      2) at sectoral level - sectoral labour unions;

      3) at regional level - territorial associations of trade unions.

      5. Authorized representatives of employers are:

      1) at republican level - representatives of the National Chamber of Entrepreneurs of the Republic of Kazakhstan, republican union (association) of private enterprise subjects, republican association of small business, republican sectoral associations of private enterprise subjects.

      Mentioned unions (associations) shall be presented on a prorata basis depending on number of included republican public associations;

      2) at sectoral level - representatives of the National Chamber of Entrepreneurs of the Republic of Kazakhstan and (or) trade associations;

      3) at regional level - representatives of regional chambers;

      at oblast level - oblast associations of private enterprise subjects, oblast association on small business;

      at municipal, district levels - municipal, district associations on small business.

Article 149. Right to negotiation on agreements preparation

      1. Initiator of negotiations on development, content, conclusion, amendments, addition of the agreement can be any of the parties of the social partnership.

      2. If there are several representatives, authorized by the employees and employers at the republican, sectoral, regional levels, each of them shall be granted the right on bargaining on the basis of pro-rata representation depending on number of employees and employers.

Article 150. Procedure of bargaining, development and conclusion of agreements

      1. Parties which received written proposals on start of bargaining from the other party shall be obliged to consider them within ten calendar days and proceed to negotiations.

      If there are disagreements between the parties on certain provisions of the agreements, the parties shall sign the agreement on agreed terms with simultaneous execution of disagreements protocol within three months from the date of negotiations.

      If the parties failed to reach an agreement, protocol shall be executed, where final proposals of the parties on elimination of disagreements and terms of negotiations resumption shall be presented.

      2. Order of negotiation, terms of development and conclusion of agreements, and also making amendments and additions to them, affiliating to them shall be approved by commissions.

      3. Agreements come into effect from the moment of their signing by the parties or from the date, specified in the agreements. All annexes to agreements are their integral part and have equal legal force.

      4. Term of the agreement validity shall be established as agreed by the parties or before adoption of new agreement, but shall not exceed three years.

      5. When employees are affected by several agreements, the most favorable conditions of agreements shall be applied if there are written applications of employees.

      6. Decisions of commissions shall be made only on the basis of agreement of all parties during negotiations and shall be executed by the relevant agreements. Procedure for making decisions and organization of work shall be developed and approved by commissions.

      7. Master, sectoral and, regional agreements shall be signed by representatives of the parties of social partnership.

Article 151. Agreements registration

      1. Branch, regional agreements, signed by the parties, with annexes, shall be sent for registration within ten working days.

      2. Branch and regional agreements, concluded at oblast level, shall be registered by the authorized state labour body.

      3. Registration of branch and regional agreements, concluded at municipal and district levels, shall be performed by the local executive bodies.

Article 152. Parties, kinds of agreements of the social partnership

      1. General agreement shall be concluded at the republican level between the Government of the Republic of Kazakhstan, republican association of employees and republican associations of labour unions.

      2. Sectoral agreements shall be concluded at sectoral level between authorized state bodies of the relevant area of activity, authorized representatives of employers and sectoral labour unions.

      3. Regional (oblast, municipal, district) agreements shall be concluded at regional level between local executive bodies and authorized representatives of employers and territorial associations of trade unions.

Article 153. Content of social partnership agreements

      1. Agreements shall include following provisions:

      1) on validity;

      2) on procedure for control over implementation;

      3) on procedure for amendments in the agreement;

      4) on parties responsibility in case of failure to perform obligations.

      2. Content of the master agreement shall be determined by the republican commission on the basis of projects of general agreement, presented by all parties of social partnership or one of them.

      3. Content of sectoral and regional agreements shall be determined by sectoral and regional commissions on the basis of draft agreements, presented by all parties of social partnership or one of them.

      4. Master agreement shall stipulate provisions:

      1) on consideration of draft bills in the area of social and employment relations;

      2) on measures on prevention of social and employment conflicts and strikes;

      3) on development of labor market, full employment of population;

      4) on development and approval of national qualifications framework;

      5) on conditions and labor protection, industrial and environmental safety;

      6) on development of social partnership and dialogue;

      7) on formation and activity of monitoring group for participation in development and adoption of agreements at industrial and regional levels.

      5. Sectoral agreements shall stipulate following provisions:

      1) on procedure for consideration of program and strategic documents of the relevant industry;

      2) on development of social partnership and dialogue in the industry;

      3) on measures on prevention of social and labor conflicts and strikes;

      4) on basic principles of remuneration system of the industry, including establishment of:

      minimum tariff rates (fixed salary) in the industry;

      maximum values of coefficients between categories;

      uniform procedure for establishment of additional payments for employers, engaged in heavy work, work with harmful and (or) dangerous working conditions;

      5) on confirmation procedure of sectoral qualifications framework;

      6) on formation and activity of the Council on occupational health and safety;

      7) on formation and activity of the Council on prevention and settlement of collective employment disputes;

      8) on formation, competence and activity of monitoring groups for participation in development and adoption of agreements, collective agreements;

      10) on formation and activity of coordination center for development of human resources and qualifications.

      6. Regional agreements shall stipulate provisions on:

      1) development of social partnership and dialogue in the region;

      2) procedure for consideration of program and strategic documents of the region;

      3) measures on prevention of social and labour conflicts and strikes;

      4) assistance to employers and representatives of employees during settlement of labour disputes;

      5) taking of measures, aimed at employment and reduction of unemployment;

      6) formation and activity of the Board on prevention and settlement of collective employment disputes.

      7. Provisions of agreement, worsening position of the employee in comparison with labour legislation of the Republic of Kazakhstan, shall be considered as invalid and shall not be applied.

Article 154. Effect of social partnership agreements, control over their implementation and parties' responsibility

      1. Effect of general agreement is applicable to public bodies, employers, employees, represented by their representatives, authorized in established order.

      2. Effect of industrial agreement is applicable to public bodies of the relevant industry, employers, employees, and their representatives of the relevant industry.

      3. Effect of the regional agreement is applicable to local executive bodies, employers, employees, and their representatives of the relevant administrative division.

      4. Effect of agreements is also applicable to organizations, registered in the Republic of Kazakhstan, which property owners, founders (participants) or shareholders are foreigners or foreign legal entities or legal entities with foreign participation, and also branches and representative offices of foreign legal entities.

      5. Authorized state labour body at the republican level, state bodies of the relevant area of activity at industrial level and local executive bodies at regional level shall be obliged to publish agreements within thirty calendar days from the date of their signing.

      6. Control over implementation of the agreements shall be performed by the parties of the social partnership.

      5. Evading by representatives of the parties from participation in negotiations on conclusion, amendment, addition of agreements or unreasonable refusal to sign the agreement, violation of terms of negotiations and failure to ensure work of the relevant commission, failure to provide information, necessary for negotiations and monitoring over compliance with the provisions of collective agreement, and violation or non-fulfillment of their conditions shall entail responsibility, established by the laws of the Republic of Kazakhstan.

Article 155. Public control over observance of the labor legislation of the Republic of Kazakhstan

      Republican and trade associations of employers implement public control over observance of the labor legislation of the Republic of Kazakhstan on terms and conditions and in order, stated in agreements and collective agreements.

Chapter 14. COLLECTIVE AGREEMENT

Article 156. Parties of collective agreement. Procedure for collective bargaining, development and conclusion of collective agreement

      1. Parties of collective agreement are the employer and employees represented by their representatives authorized in the established order.

      2. Proposal on start of collective bargaining and conclusion of collective agreement can come from any of the parties.

      A party, which received a notice from the other party with proposal on start of negotiations on conclusion of collective agreement shall be obliged to consider it and enter into negotiations in the order, established by paragraph 4 of this article, within ten days.

      3. Collective agreement can be concluded both in organizations and in branches and representative offices of foreign legal entities. Availability of one collective agreement is allowed in the organization.

      4. The parties create a commission on a parity basis for collective bargaining and preparation of draft collective agreement. Number of members of the commission, its personal composition, terms of project development and conclusion of collective agreement shall be determined by agreement of the parties.

      Employees, which are not members of trade union shall be entitled to authorize body of trade union for representation of their interests in relations with the employer.

      If there are several representatives of employees in the organization, they create a single representative body for participation in the work of the commission, discussion and signing of collective agreement.

      5. Draft collective agreement prepared by the commission shall be subject to obligatory discussion by employees of the organization. Draft shall be worked by the commission taking into account notes and proposals.

      6. If parties reached the agreement, collective agreement shall be drawn up in at least two copies and signed by representatives of the parties.

      7. If there are disagreements between the parties on separate provisions of collective agreement, the parties shall sign collective agreement on agreed terms with simultaneous execution of disagreement protocol within one month from the date of their occurrence. Disputes arising during collective bargaining can be subject of further collective bargaining for their settlement in case of making amendments and additions.

      8. Amendments and additions of collective agreement shall be made only by mutual agreement of the parties in order, established by this article, for its conclusion.

      9. Parties of collective bargaining shall not be entitled to disclose received information, if such information is state secrets, official, commercial or other legally protected secret.

      10. Parties of collective bargaining can be exempted from implementation of their employment duties during their implementation, with preservation of salaries.

      11. Employer shall obliged to submit collective agreement, signed by the parties, to the local labor inspectorate for monitoring within one month from the date of signing.

Article 157. Content and structure of collective agreement

      1. Content and structure of collective agreement shall be determined by the parties in accordance with the general, industrial and regional agreements.

      Following provisions shall be included into collective agreement:

      1) on rating, remuneration plan, amount of tariff rates and salaries, premiums and extra charges to employees, including engaged in heavy work, work with harmful and (or) dangerous working conditions;

      2) on establishment of coefficients between groups;

      3) on duration of office hours and rest time, annual leaves;

      4) on creation of healthy and safe employment and household conditions, on amount of financing of measures on occupational health and safety, on improvement of health care;

      5) on creation of conditions for activity of trade union;

      6) on procedure for making amendments and additions into collective agreement;

      7) on control and responsibility of employees and employer for implementation of collective agreement;

      8) on acts of the employer, for which it is necessary to take opinion of employers' representatives into account;

      The paragraph shall be supplemented with subparagraph 9 in accordance with the Law of the Republic of Kazakhstan No. 483-V dated 06.04.16.

      9) on procedure for admittance to heavy work, work with harmful and (or) dangerous working conditions of persons who attained pension age in accordance with paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan "On Provision of Pensions in the Republic of Kazakhstan".

      2. Collective agreement can include mutual obligations of employees and employer on following issues:

      1) on improvement of job arrangement and productivity enhancement;

      2) on order of wage indexation;

      Refer to: Guidelines on development of staff remuneration scheme of employees of privately owned organizations (agreed by the Vice-Minister of health care and social development of the Republic of Kazakhstan dated May 27, 2016)

      3) on provision of employment, preparation, advanced training, retraining and employment of discharged employees;

      4) on guarantees and privileges to employees, which passing training, retraining, advanced training, and employees, combining work and training;

      5) on improvement of housing and household conditions of employees;

      6) on recovery, health resort treatment and rest of employees;

      7) on guarantees for employees, elected in trade union bodies, and also elected representatives and terms for performance of their activity;

      8) on accounting procedure of reasoned opinion of trade union body upon termination of employment agreement with employees, which are members of trade union;

      9) on compensation payment in case of termination of employment agreement upon initiative of the employer if employee achieved retirement age;

      10) on compensation payment when the employee was on the way from location of the employer or from assembly point to place of work and back;

      11) on payment of parental leave, leave to employees, which adopted a child (children), with preservation of average salary less the amount of social payment in case of loss of income due to pregnancy and maternity, adoption of newborn child (children), implemented in accordance with the legislation of the Republic of Kazakhstan on compulsory social insurance;

      12) on responsibility of employees and employer for incurred damage;

      13) on voluntary pension contributions;

      14) on guarantees of medical insurance of employees and their families, on environmental protection;

      15) on voluntary pension contributions in favour of the employer at the expense of the employer in case of lack of funds for conclusion of retirement annuity agreement with insurance organization;

      16) on measures on training of employees to fundamentals of the labour legislation of the Republic of Kazakhstan;

      17) on payment of allowances and compensation payments including in case of emergencies, related to labour activity;

      18) other issues, determined by the parties and this Code.

      3. Collective agreement shall not worsen the position of employees in comparison with the labor legislation of the Republic of Kazakhstan, general, industrial, regional agreements. Such provisions shall be acknowledged as invalid and shall be not applied.

Article 158. Terms, scope of collective agreement and parties responsibility

      1. Collective agreement shall be concluded for the period, determined by the parties.

      Paragraph 2 as amended by the Law of the Republic of Kazakhstan No. 147-VI dated 16.04.18 (refer to earlier version)

      2. Collective agreement becomes effective on the date of its signing, unless otherwise provided by its provisions, and binding for implementation of the parties.

      In case of expiration of collective agreement, it is considered extended till conclusion of new collective agreement, but no more than for a period of up to one year, provided that at least one of the parties made a proposal on conclusion of new collective agreement before expiration of its validity.

      Collective agreement may provide for its extension till the date of conclusion of new collective agreement without limitation as to time, established by the second part of this paragraph.

      3. Validity of collective agreement shall be applied to the employer and employees of the organization, on behalf of which collective agreement was concluded, and employees, joined to it. Procedure and terms of joining shall be determined in collective agreement.

      4. In case of liquidation of the organization, announcement of it bankruptcy, collective agreement shall be terminated from the date of termination of employment contracts with all employees.

      5. Parties' representatives evading the from participation in negotiations on conclusion, amendment, addition of collective agreement or unreasonable refusal to conclude collective agreement, violation of terms of negotiations and failure to ensure work of the relevant commission, failure to provide information, necessary for negotiations and monitoring over compliance with the provisions of collective agreement, and violation or non-fulfillment of its conditions shall entail responsibility, established by the laws of the Republic of Kazakhstan.

Chapter 15. CONSIDERATION OF INDIVIDUAL EMPLOYMENT DISPUTES

Article 159. Procedure for consideration of individual employment dispute

      1. Individual employment disputes shall be considered by conciliation commissions, and y courts on unresolved issues or non-fulfilment of conciliation commission decision, except for small business entities and chiefs of the executive body of legal entity.

      2. Conciliation commission is permanent body, established in the organization, its branches and representative offices on a parity basis of equal number of representatives from employer and employees.

      3. Quantitative composition of members of conciliation commission, procedure of their work, content and procedure for making decision by conciliation commission, term of powers of conciliation commission, issue on engagement of mediator shall be established in written agreement between the employer and representatives of employees or in collective agreement.

      4. Application, received by conciliation commission, shall be subject to obligatory registration by the commission on the day of submission.

      Dispute shall be considered in the presence of the applicant and (or) its authorized representative within the limits of delegated powers in accordance with regulatory legal acts of the Republic of Kazakhstan.

      5. Conciliation commission shall be obliged to consider the dispute within fifteen working days from the date of application registration and issue copies of decision to the parties to the dispute within three days from the date of its adoption.

      6. Decision of conciliation commission shall be executed within the established time limit, except for dispute on reinstatement in work.

      7. In case of failure to fulfill the decision of conciliation commission within the established period, employee or employer shall be entitled to apply to the court.

      8. Parties of conciliation commission shall be obliged to conduct an annual training of members of the conciliation commission on fundamentals of the labor legislation of the Republic of Kazakhstan, development of ability to negotiate and achieve agreement in employment disputes.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during resolution of employment disputes", Guidelines on formation and work of conciliation commissions on resolution of individual employment disputes (Kazakhstani industrial professional education, academic and research employees alliance, 2016)

Article 160. Terms of appeal for consideration of individual employment disputes

      Following terms are established for appeal to conciliation commission or to the court for consideration of individual employment disputes:

      1) for disputes on reinstatement in work - one month from the date of delivery of copy of employer act on termination of employment contract to conciliation commission, and to production in court - two months from the date of delivery of copy of decision of conciliation commission by unsettled disputes or failure of its decision by the employment contract party;

      2) for other employment disputes - one year from the day when employee or employer had known or should know about violation of their rights.

      Duration of appeal for consideration of individual employment disputes shall be suspended during validity of mediation agreement on considered employment dispute, and in case of absence of conciliation commission before its creation.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Article 161. Reinstatement of the employee in work

      1. Upon reinstatement of the employee in work the average salary shall be paid for the entire period of forced unemployment (dismissal) or difference in salary during performance of lower paid job in case of illegal transfer to another work, but not more than for six months.

      2. Decision of conciliation commission or court on consideration of individual employment dispute about reinstatement of the employee in previous work shall have immediate effect. If the employer delays implementation of decision on reinstatement in work, conciliation commission or court shall make a decision on payment of average salary or salary difference to the employee during delay in implementation of the decision.

      Refer to: Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated October 6, 2017 "On some issues on application of legislation by courts during settlement of employment disputes"

Chapter 16. CONSIDERATION OF COLLECTIVE EMPLOYMENT DISPUTES

Article 162. Definitions used in this chapter

      Definitions used in this chapter are as follows:

      1) labor arbitration is a temporary operating body, created by the parties of collective employment dispute involving authorized persons for settlement of labor dispute in case of failure to reach agreement in conciliation commission;

      2) strike is full or partial termination of work for the purpose of satisfaction of social and economic and professional requirements of employees in collective employment dispute with the employer;

      3) conciliation commission is body created by the agreement of the employer and employees (their representatives) for settlement of collective employment dispute by means of reconciliation of the parties;

      4) conciliation procedures is subsequent consideration of collective employment dispute firstly in conciliation commission, and in case of failure to reach agreement in it - in labor arbitration, and by mutual agreement of the parties using mediation procedure.

Article 163. Origin of collective employment dispute

      1. Collective employment dispute is considered to be risen from the day of written notification of the employer about employers' claims concerning application of the labor legislation of the Republic of Kazakhstan, fulfillment or amendment of terms of agreements, labor and (or) collective agreements, employer acts, executed in accordance with Article 164 of this Code.

      2. Employer shall be obliged to consider the claims lodged by employers within three working days, association of employers within five working days from the day of their receipt and take measures for their resolution, and if it is impossible to inform their decisions and proposals in writing to the employers within the specified time frame indicating their representatives for further consideration of the differences.

Article 164. Bodies on consideration of collective employment disputes and procedure for execution and consideration of employees claims

      1. Collective employment disputes shall be settled in following sequence: considered by the employer (association of employers) if it is impossible to settle them - in conciliation commission, in case of failure to reach agreement in it - by labour arbitrage, on issues, unreguletd by them - by courts.

      2. Employees' requirements on application of the labor legislation of the Republic of Kazakhstan, fulfillment or amendment of agreements, collective and (or) employment contracts, employer acts between employees and employer, the employers association are formed and approved at general meeting (conference) of the employees.

      Meeting of employees shall be considered eligible if at least two thirds of total number of employees of the organization presented at it.

      Conference shall be considered eligible if it is attended by at least two thirds of delegates, elected by the employees in accordance with protocol decisions.

      Decisions of the meeting (conference) of employees shall be considered to be adopted if at least two thirds of participants voted in support of their claims. If it is impossible to hold a meeting (conference) of employees, representative body of employees shall be entitled to approve its decision, having collected more than half of signatures of employees in support of the requirements.

      Employees' representatives shall agree the procedure for holding of meetings (conferences) of employees, place, time, number of participants of the meeting (conference).

      3. Requirements of employees shall be stated in writing form and sent to the employer, employers' associations within three calendar days from the date of the meeting (conference).

      4. If specified requirements are lodged by the employees of different employers, these requirements may be represented by industrial or territorial associations of trade unions or other authorized individuals and/or legal entities.

      5. The employer, association of employers shall be obliged to refrain from any intervention which can prevent the meeting of the employees (conference) on the requirements lodging.

      6. Requirements of employees in case of impossibility of their settlement shall be considered in order of conciliation procedures.

      7. The parties may appeal to the mediator at any stage of collective employment dispute consideration. Mediation process is independent in relation to conciliation procedures in the conciliation commission, labor arbitration and in parallel with them.

Article 165. Conciliation commission

      1. Conciliation commission is a body, created by joint decision of the parties on principles of parity on the basis of equal number of representatives of the employer and employees.

      Decision on creation of conciliation commission is made within three working days from the day when the employer, the employers' association (their representatives) informs or fails to inform its decision to employees (their representatives) or draw up discrepancy report during collective bargaining. If in the organization there are several representatives of employees, they shall create a single representative body for participation in the work of the commission.

      2. The employer, association of employers shall create necessary conditions for work of the conciliation commission.

      3. Conciliation commission shall consider claims of employers (their representatives) no later than seven working days from the date of their receipt. Procedure for consideration of the requirements by the conciliation commission, period of consideration shall be extended by agreement of the parties and executed by the protocol.

      4. The conciliation commission shall consult with the employees (their representatives), the employer, association of employers (their representatives), public bodies and other interested parties during conciliation procedure.

      5. Decision of the commission shall be made on the basis of agreement of the parties, drawn up by protocol, signed by the representatives of the parties, is binding on the parties and implemented in order and terms, established by the decision of the conciliation commission. If one of the parties refuses to sign the protocol, the other party shall enter the relevant record into the protocol.

      6. If is impossible to reach an agreement in conciliation commission, its work shall be terminated, and labor arbitration shall be created for dispute settlement.

Article 166. Labor arbitration

      1. Labor arbitration shall be created by the parties of collective employment dispute within five working days from the date of termination of the conciliation commission.

      2. Number of members of labor arbitration, its personal composition, procedure for consideration of labor dispute shall be determined by agreement of the parties on a parity basis. Labor arbitration shall consist of at least five people. State labor instructor, representative of the council on labour arbitration for prevention and resolution of collective employment disputes and if necessary, other people, shall be included into the labour arbitration.

      Members of conciliation commission may be included into the labor arbitration on the employees requirements under consideration.

      3. Chairman of labor arbitration is elected by the members of the arbitration from among them.

      4. Collective employment dispute shall be considered by the labor arbitration with obligatory participation of representatives of parties of collective employment dispute, and, if necessary, with the participation of representatives of other parties concerned.

      5. Procedure for dispute consideration shall be determined by labor arbitration and communicated to the parties of collective employment dispute.

      6. Decision of labor arbitration shall be made within seven working days from the date of its creation by majority votes of members of the arbitration. When votes of members of labor arbitration are equally divided, vote of the chairman is decisive. Decision shall be reasoned, stated in writing and signed by all members of the arbitration.

      7. If the parties of collective employment dispute fail to reach agreement in conciliation commission, in organizations where strikes are prohibited or restricted by the laws of the Republic of Kazakhstan, creation of labor arbitration is obligatory .

      8. Decision of labor arbitration is binding on the parties of collective employment dispute.

      9. In case of failure to fulfill the decision of labor arbitration within the established period, the parties shall be entitled to settle the dispute in judicial proceeding.

      Refer to: Model provisions on labour arbitration

Article 167. Consideration of collective employment dispute with the participation of mediator

      1. Order of consideration of collective employment dispute with the participation of mediator shall be determined by agreement of the parties of collective employment dispute.

      2. Independent organizations and individuals shall be defined as mediators by the parties. Republican, sectoral, regional commissions on regulation of social and labor relations may, with the consent of the parties of collective employment dispute, engage managers and employees of central and local executive bodies, associations and other public associations, employers, and independent experts to regulation of collective employment disputes.

      When mediators are engaged, written consent to mediation shall be received from them.

Article 168. Consequences of reaching agreement on the parties of collective employment dispute

      1. In all cases of reaching agreement between the parties of collective employment dispute on its settlement with or without participation of mediator, incomplete the conciliation procedures are terminated, and terms of agreement between the parties are deemed as terms of dispute resolution

      Agreements reached by the parties of collective employment dispute, shall be executed in writing.

      2. Reaching agreement between the parties on dispute settlement results in termination of the strike, if it was declared.

Article 169. Guarantees due to settlement of collective employment dispute

      Members of conciliation commission shall be released from work with preservation of salary for the period of participation in negotiations on settlement of collective employment dispute.

      Representatives of employees, their associations, participating in settlement of collective employment dispute, cannot be subject to disciplinary action, transferred to another job during the period of resolution of collective employment dispute, or employment contracts initiated by the employer without prior consent of the body authorized them to representation may not be terminated.

Article 170. Obligations of the parties and conciliatory bodies on settlement of collective employment disputes

      1. Neither of the parties may evade participation in conciliation procedures.

      2. Disagreement not regulated in collective employment dispute shall be communicated to the parties in writing.

      3. If settlement of disagreements between parties of collective employment dispute is impossible due to insufficient powers of the employer's representative, claims of employees are made to property owners, founders (participants) or shareholders of organizations, including organizations, located in the Republic of Kazakhstan, which property is owned by foreign individuals or legal entities or organizations with foreign participation.

      4. In case of disagreement with the results of procedures specified in paragraphs 2 and 3 of this article, employees shall be entitled to use all other means of their interests protection provided for by the law.

      5. The employer shall be obliged to:

      1) within five working days from the date of receipt of claims of employees, executed in accordance with paragraph 3 of Article 164 of this Code, inform the local body on labour inspection about occurrence of collective employment dispute with subsequent weekly information on the situation till its final settlement;

      2) within a day, inform prosecutor's authorities of the Republic of Kazakhstan and local body on labour inspection on the start of the strike conducted in disregard of this Code requirements.

Article 171. Right to the strike

      1. Employees can make a decision on the strike if it was not possible to settle a collective employment dispute by means of conciliation procedures, and also in cases of employer evading from reconciliation procedures or failure to comply with an agreement reached during settlement of collective employment dispute.

      2. Decision on the strike is made at the meeting (conference) of employees (their representatives).

      Meeting of employees is considered eligible if more than half of total number of employees of the organization is present at it.

      Conference shall be considered eligible if it is attended by at least two thirds of delegates, elected by the employees in accordance with protocol decisions.

      Decisions of the meeting (conference) of employees are considered to be taken by majority of the votes of the participants. If it is impossible to hold a meeting (conference) of employees, representative body of employees shall be entitled to approve its decision, having collected signatures of more than half of employees in support of the strike.

      3. The strike is headed by the body authorized by the employees (their representatives) (strike committee). In case of strike announcement by employees (their representatives) of several employers with the same requirements, it can be headed by joint body, formed from equal number of representatives of these employees.

      4. Participation in the strike is voluntary. Nobody can be compelled to participation or refusal to participate in the strike.

      5. Persons, forcing employees to participate or refuse to participate in the strike, shall be liable in the order, established by the laws of the Republic of Kazakhstan.

Article 172. Announcement of the strike

      1. Employer, association of employers (their representatives) shall be informed in writing by the body, authorized by employees, specified in paragraph 3 of Article 171 of this Code on start of the strike and its possible duration no later than five working days before its announcement.

      2. Decision on strike announcement shall contain the following indications:

      1) list of the parties disagreements constituting the ground for the strike conducting;

      2) date, place and time of the strike start, supposed number of participants;

      3) name of the body heading the strike, composition of the employer representatives authorized for participation in conciliation procedures;

      4) proposals on minimum of necessary works (services) performed during the strike.

Article 173. Powers of body heading the strike

      1. Body heading the strike shall act within the limits of the rights, granted to it by this Code, and on basis of the powers vested to it by employees (their representatives).

      2. Body heading the strike shall be entitled to:

      1) represent the interests of employees in relations with the employer, association of employers (their representatives), state, trade union, other legal entities, officials on issues of settlement of the lodged requirements;

      2) obtain information on issues affecting the interests of employees, from the employer, association of employers (their representatives);

      3) give coverage to the course of the employees requirements consideration in mass media;

      4) engage specialists for provision of conclusions on the matters of dispute;

      5) suspend the strike with the consent of employees (their representatives).

      3. Repeated consideration of the dispute by conciliation commission, mediator, or in labor arbitration is not required for renewal of earlier terminated strike. Employer, association of employers (their representatives) and body on labor dispute settlement shall be informed about strike renewal no later than three working days prior.

      4. Powers of the strike heading body shall be terminated in cases when parties of collective employment dispute signed an agreement on its settlement, and also if strike is recognized as illegal.

Article 174. Obligations of parties of collective labour dispute during the strike

      Parties of collective employment dispute shall be obliged to continue settlement of this dispute by means of negotiations.

      The employer, state bodies and body, heading the strike, shall be obliged to take measures to ensure public order during the strike, preserve property of the organization, safety of employees, and operation of machines and equipment, shutdown of which pose direct threat to human life and health.

Article 175. Guarantees of employees due to the strike

      1. Organization or participation in strikes (except for cases stipulated in paragraph 1 of Article 176 of this Code) may not be considered as violation of labor discipline by an employee and entail application of disciplinary measures stipulated by this Code.

      2. For the strike period the employee retains the work place(position), right to social benefits for temporary disability, working experience, and other rights arisen from labor relations are guaranteed.

      For the strike period the salary is not preserved by employees participating in it, unless the strike is performed due to non-payment or late payment of salary.

Article 176 Illegal strikes

      1. Strikes are recognized as illegal:

      1) during introduction of military or extraordinary situation or special measures in accordance with the legislation of the Republic of Kazakhstan on emergency situation; in bodies and organizations of the Armed Forces of the Republic of Kazakhstan, other military formations and organizations responsible for defence support of the country, state security, emergency-rescue, search and rescue, fire fighting, prevention or elimination of emergency situations; in special state and law enforcement agencies; in organizations which are hazardous production facilities; at first-aid stations;

      2) in organizations of railway transport, civil aviation, health care, organizations providing vital activity of population (public transport, supply of water, electricity, heat, communications) at continuous-action productions, suspension of which is related to severe and dangerous consequences, not observing conditions specified in paragraph 2 of this article;

      3) in case of announcement with no regard to deadlines, procedures and requirements, stipulated by this Code;

      4) in cases when it creates a real threat to human life and health;

      5) in other cases, stipulated by the laws of the Republic of Kazakhstan.

      If there is one of the grounds mentioned in this paragraph, the prosecutor shall be entitled to suspend the strike till the court makes an appropriate decision.

      2. In organizations of railway transport, civil aviation, health care, organizations, providing vital activity of the population (public transport, supply of water, electricity, heat, communications), strike is performed if list and scope of the relevant services, required for population, are determined on the basis of preliminary agreement with the local executive body.

      In the non-stop productions the strike may be performed only on condition of continuous operation of primary equipment, mechanisms.

      3. Decision on strike recognition as illegal shall be made by the court in accordance with the laws of the Republic of Kazakhstan.

      4. Decision on strike recognition as illegal shall be made by the court at the request of the employer or the prosecutor.

      Decision of the court shall be brought to the notice of the employees through the body, heading the strike, which shall be obliged to inform strike participants about decision of the court, and if such body is absent, directly by the employer.

      The employer shall ensure the court decision text posting in places accessible to public view.

      Court decision on strike recognition as illegal shall be subject to immediate execution, and strike shall be subject to termination.

      In case of creation of direct threat to human life and health, the prosecutor or the court shall be entitled to suspend the strike till making of the appropriate decision.

      5. Body, heading the strike, shall be entitled to appeal the court decision in the order established by the laws of the Republic of Kazakhstan.

      6. Persons, provoking participation in strike, declared illegal by the court, shall be liable in the order, established by the laws of the Republic of Kazakhstan.

Article 177. Consequences of strike acknowledgement as illegal

      If the strike is declared by the court as illegal, the employer can bring the employees, participating in organization or performance of strike, to disciplinary responsibility.

Article 178. Labour lockout prohibition

      Lockout, i.e. termination of employment agreements with employees upon the initiative of the employer due to their participation in collective employment dispute or strike, except for case, stipulate by subparagraph 22) of paragraph 1 of article 52 of this Code is prohibited during regulation of collective employment dispute, including strike.

SECTION 4 OCCUPATIONAL HEALTH AND SAFETY Chapter 17. STATE CONTROL IN THE AREA OF OCCUPATIONAL HEALTH AND SAFETY

Article 179. State control in the area of occupational health and safety

      State control in occupational health and safety includes:

      1) state supervision, control and monitoring over observance of the requirements of the legislation of the Republic of Kazakhstan in the area of occupational health and safety;

      2) development and adoption of regulatory legal acts of the Republic of Kazakhstan and technical rules and regulations in the area of occupational health and safety;

      3) creation and implementation of economic activity incentive systems on improvement of conditions, occupational health and safety, development and introduction of safe methods and technologies, individual and collective protection of employees;

      4) improvement of efficiency of state, internal control over observance of the legislation of the Republic of Kazakhstan in the area of occupational health and safety;

      5) performance of scientific researches on safety problems and protection of labour taking into account advanced domestic and foreign experience of work on improvement of conditions and labour protection;

      6) protection of legal interests of the employees, wronged by the accidents, related to labour activity, and professional diseases and also members of their families;

      7) establishment of guarantees and compensations for hard labour and work with harmful and (or) dangerous working conditions, which were not eliminated during modern technical level of production and job arrangement;

      8) preparation and further training of occupational health and safety professionals;

      9) establishment of single procedure of accident record, related to labor activity, and professional diseases;

      10) provision of operation of single information system in the area of occupational health and safety;

      11) international cooperation in occupational health and safety.

Article 180. Requirements on occupational health and safety and financing of measures

      1. Requirements on occupational health and safety shall be established by regulatory legal acts of the Republic of Kazakhstan and shall contain rules, procedures and norms, aimed at preservation of life and health of employees during their activity.

      Refer to: Rules for adoption of regulatory legal acts in the area of occupational health and safety by the relevant authorized bodies

      2. Requirements on occupational health and safety are binding on the employers and employees during performance of their activity in the Republic of Kazakhstan.

      3. Financing of measures on occupational health and safety shall be implemented at the expense of the employer and other sources, not prohibited by the legislation of the Republic of Kazakhstan.

      Employees do not bear expenses for these purposes. Amount of finances shall be determined by act of the employer or collective contract.

Chapter 18. RIGHTS AND OBLIGATIONS OF THE EMPLOYEES AND THE EMPLOYER IN THE MATTERS OF OCCUPATIONAL HEALTH AND SAFETY

Article 181. Rights and obligations of the employer in the matters of occupational health and safety

      1. The employer shall be entitled to:

      1) workplace equipped in accordance with the requirements on occupational health and safety;

      2) provision with sanitary facilities, personal and collective protection equipment in accordance with the requirements on occupational health and safety, and labor and collective agreements;

      3) appeal to local body on labor inspection with respect to survey of working conditions and work safety at their workplaces;

      4) participation, in person or by proxy, in inspection and consideration of issues related to the improvement of conditions, occupational health and safety;

      5) refusal to perform work if the employer fails to provide the employee with individual and (or) collective protection equipment and in the event of situation, creating a danger to its health or life, with written notification of direct manager or employer;

      6) education and vocational training required for safe fulfillment of employment duties, in manner established by the legislation of the Republic of Kazakhstan;

      7) receipt of reliable information from the employer on characteristics of work place and organization’s territory, state of conditions, occupational health and safety, existing risk of health damage, and measures on their protection against harmful and (or) hazardous production factors;

      8) preservation of average salary during suspension of work of the organization due to non-compliance with the requirements on occupational health and safety.

      2. The employee shall be obliged to:

      1) comply with the requirements of standards, rules and instructions on occupational health and safety;

      2) immediately inform the employer or the work organizer about each industrial accident and other damage to health of employees, signs of occupational disease (intoxication), ans also on situation which endangers human life or health;

      Subparagraph 3 set out in the Law of the Republic of Kazakhstan No. 147-VI dated 16.04.18 (refer to earlier version )

      3) pass obligatory screening and regular medical check-ups, and pre-shift and other medical examinations in order, determined by the authorized body in the area of health care;

      4) pass preventive medical examinations in cases, stipulated by act of the employer, and also in case of transfer to another job upon the request of the employer;

      5) inform the employer on disability confirmation or other deterioration of health, preventing continuation of employment duties;

      6) apply and use as intended individual and collective protection equipment, provided by the employer;

      7) comply with the requirements of state labor inspector, technical labor safety inspector, internal control specialists and medical and curative measures, assigned by medical institutions;

      8) pass training, briefing and assessment of knowledge on occupational health and safety in the order, determined by the employer and stipulated by the legislation of the Republic of Kazakhstan.

Article 182. Rights and obligations of the employer in the matters of occupational health and safety

      1. The employer shall be entitled to:

      1) encourage employees for assistance in creation of favorable working conditions at working places, rationalization proposals on creation of safe working conditions;

      2) discharge from employment and bring to disciplinary responsibility of employees, violating occupational health and safety requirements pursuant to the procedure established by this Code;

      3) require from the employee to comply with the requirements on safe operation at production;

      4) send, at the own funds, the employees to preventive medical examinations in cases stipulated by the legislation of the Republic of Kazakhstan and act of the employer .

      2. The employer shall be obliged to:

      1) take measures on prevention of any risks at working places and during technological processes by means of preventive measures, replacement of production equipment and technological processes with safer ones;

      2) conduct training, briefing, assessment of knowledge of employees on occupational health and safety, and provide documents on safe maintenance of production process and work at their own funds;

      3) organize training and assessment of knowledge on occupational health and safety of managers and persons, responsible for occupational health and safety, periodically at least one time in three years in organizations, performing advanced training, in the manner prescribed by the authorized labor body, in accordance with the list approved by act of the employer;

      4) create necessary sanitary and hygienic conditions for employees, ensure provision and repair of special clothes and footwear for employees, supply them with preventive treatment means, detergents and disinfectants, first aid kit, milk or equivalent food products, and (or) specialized products for diet (medical and preventive) food, individual and collective protection equipment in accordance with the norms, established by the authorized state labor body;

      4) excluded by the Law of the Republic of Kazakhstan dated 06.04.16 No. 483-V (see earlier version)

      Refer to: Letter of the Ministry of Health and Social Development of the Republic of Kazakhstan No. 10-1-27/9175//20-8/671 dated March 25, 2016 "On leave for heavy works, harmful and/or hazardous working environments, issued to the persons, who attained pension age"

      6) suspend the employees under the age of eighteen years from carrying and movement of heavy loads, exceeding the maximum limits established for them;

      7)suspend the women from lifting and manual moving of heavy loads exceeding the maximum limits established for them;

      8) perform registration, accounting and analysis of accidents related to labour activity and professional diseases;

      9) quarterly provide the authorized state labor authority and local body on labor inspection, representatives of employees upon their written request with information required for monitoring of the state of conditions, occupational health and safety;

      10) provide investigation of accidents related to labour activity in the order established by the legislation of the Republic of Kazakhstan;

      11) perform instructions and conclusions of state labour inspectors;

      12) perform periodic, at least every five years, certification of production facilities with respect to labour conditions, with the participation of employees representatives in accordance with the rules, approved by the authorized state labour body;

      13) present results of certification of production facilities with respect to working conditions to the local body on labour inspection, on paper and in electronic format, within the month;

      14) insure employees against accidents when performing employment (official) duties;

      15) take urgent measures on prevention of development of emergency situation and impact of injury-risk factors on other persons;

      16) develop, approve and review occupational safety and health instruction in the order, established by the authorized labour body;

      Subparagraph 17 is set out in version of Law of the Republic of Kazakhstan No. 147-VI dated 16.04.18 (refer to earlier version )

      17) perform, at the expense of own funds, obligatory, periodic (during employment activity) medical examinations and pre-shift medical examination of employees in cases, stipulated by the agreement, collective agreement, the legislation of the Republic of Kazakhstan, and in case of transfer to other work, changing working conditions or if signs of professional disease are evident.

Chapter 19 ARRANGEMENT OF OCCUPATIONAL HEALTH AND SAFETY

Article 183. Certification of production facilities with respect to working conditions

      1. Production facilities shall be subject to obligatory periodic certification with respect to working conditions.

      2. Certification of production facilities with respect to working conditions shall be performed by specialized organizations on certification of production facilities at least one time in five years.

      3. Procedure for certification of production facilities with respect to working conditions shall be determined by the authorized state labour body.

      4. Unscheduled certification of production facilities with respect to working conditions shall be performed at the request of the state control and supervision body of occupational health and safety if violation of procedure of certification of production facilities with respect to working conditions was detected.

      The results of unscheduled certification of production facilities with respect to working conditions shall be executed as Annex to the materials of previous certification of production facility with respect to conditions.

      5. The relevant order on creation of certification commission, composed of the chairman, members and secretary, responsible for preparation, maintenance and storage of documentation on certification of production facilities with respect to working conditions, shall be issued by the employer for certification of production facility with respect to conditions.

      6. Certification commission includes chief or his/her deputy, specialists of occupational health and safety services and other departments as agreed, and representatives of employees.

      Refusal of employees representatives to participate in certification commission is not a reason for non-performance of certification of production facilities with respect to working conditions.

      7. Upon completion of production facility certification with respect to working conditions, specialized organization on certification of production facilities during ten calendar days shall send information about its results to the authorized state labour body in the manner prescribed by it.

      8.Results of production facility certification with respect to working conditions become effective on the date of publication of certificate of production facilities certification.

      9. Control over observance of procedure for certification of production facilities shall be performed by state labor inspectors.

Article 184. Safety requirements to work places

      1. Buildings (structures), where working places are located, shall correspond to their functional purpose and requirements of safety and labor protection by their design.

      2. Working equipment shall conform with safety standards, established for this type of equipment, have the relevant technical passports (certificate), warning symbols and provided with fences or protective devices to ensure safety of employees at working places.

      3. Ways of escape and emergency exits of employees from premises shall be marked, remain free and lead to open air or to safe zone.

      4. Dangerous zones shall be clearly marked. If work places are located in dangerous areas where there is a risk for employee due to nature of the work or risk of falling objects, such places shall be equipped with devices, blocking access to these zones by unauthorized persons.

      Pedestrians and technological vehicles shall move throughout the organization in safe conditions .

      5. Temperature, lighting and ventilation in the room, where work places located, shall conform with sanitary and epidemiological requirements during working hours.

Article 185. Compulsory medical examination of employees

      1. The employer shall be obliged to organize, at its own funds, periodic medical examinations and examinations of employees engaged in hard work, work with harmful and (or) dangerous working conditions, in the order stipulated by the legislation of the Republic of Kazakhstan.

      Paragraph 2 as amended by the Law of the Republic of Kazakhstan No. 147-VI dated 16.04.18 (refer to earlier version)

      2. Employees engaged in the work related to higher risk, machines and mechanisms shall pass pre-shift medical examination. List of professions, for which pre-shift medical examination is required, shall be determined by the authorized body in the area of health care.

Chapter 20 INVESTIGATION AND RECORDING OF ACCIDENTS RELATED TO LABOR ACTIVITY

Article 186. General provisions of the investigation and recording of accidents related to labor activity

      1. Cases of damages to the health of employees, related to their labour activity and resulting in physical disability or death and following shall be investigated in accordance with this Code:

      1) persons traiing in educational institutions during vocational practice;

      2) military, employees of special state bodies engagement in work, not related to military service, service in special state bodies;

      3) persons engaged in the work in custodial settings and under court sentence;

      4) staff of militarized and other specialized professional accident rescue services and formation of members of voluntary teams on accident management after emergencies, disasters, on salvage of life and property.

      2. Damages to health of employees, related to performance of employment duties, or performance of other actions on own initiative on behalf of the employer, resulting in physical disability or death shall be subject to accounting as accidents, related to labor activity if they occurred:

      1) before commencement or at the end of working time during preparation and arrangement of work place, tools, personal protective equipment and other actions;

      2) during working hours at work place, throughout the journey of the employer, which activity is related to transportation between service objects, including as assigned by the employer, and during business trip, performing employment duties;

      3) on going to place of work performance or from work by the vehicle provided by the employer;

      4) by personal motor transport if there is a written agreement of the employer for the right to use it for work-related purposes;

      5) performing actions on own initiative, on behalf of the employer;

      6) throughout the journey of employees, working on rotation basis from place of gathering (living during shift) to work or back by the vehicle provided by the employer.

      3. Accidents, related to labour activity, damages to health of the employees, are not subject to recording if during investigation of which it was objectively established that they had happened:

      1) when the injured, upon own initiative, performed works or other actions, not related to job functions of the employer, and not related to interest of the employer, including period of inter-shift break in case of work on a rotational basis, break time and meal;

      2) when main cause was alcoholic intoxication, use of toxic and narcotic drugs (their analogues);

      3) in the result of deliberate (wilful) damage of health and also if the injured committed a criminal violation;

      4) due to sudden health impairment of the injured, not related to impact of production factors confirmed by medical report.

      4. Investigation of cases of occupational diseases shall be performed by the employer together with public body in the area of sanitary and epidemiological welfare of the population.

      5. Responsible officials of health care organizations shall inform the employers and local body on labor inspection on each case of primary address with industrial injury or health damage of the employees, related to labor activity and also on cases of acute professional disease (intoxication) to public body in the area of sanitary and epidemiological welfare of the population within two working days.

      6. Responsibility for organization of the investigation and registration of accidents related to labor activity and occupational diseases shall be borne by the employer.

Article 187. Obligations of the employer during investigation of accidents related to labour activity

      1. The employer shall be obliged to:

      1) organize rendering of medical first aid to the injured and its delivery to health care organization if necessary;

      2) preserve conditions at accident site (state of equipment and mechanisms, tools) at the same state as during the accident provided that this does not threaten life and health of other persons, and violation of continuity of production process does not lead to emergency, and to shoot accident scene;

      3) inform close relatives of the injured about the accident and send a message to public bodies and organizations, determined by this Code, other regulatory legal acts;

      4) provide access of members of the commission on special investigation to the site of accident related to labour activity.

      2. The employer shall inform about the accident, related to labour activity, in the form established by the authorized state labour body within a day:

      1) the local body on labour inspection;

      2) regional office of the authorized body in the area of industrial safety in case of accidents, occurred on hazardous industrial facilities;

      3) regional office of public body in the area of sanitary and epidemiological welfare of the population on cases of professional diseases or intoxication;

      4) representatives of employers;

      5) insurance organization with which contract for employee insurance against accidents during performance of labour (official) obligations was concluded;

      6) law enforcement body at the accident site and authorized bodies of production and internal monitoring in cases, subject to special investigation.

      3. In investigation of the accident, related to labour activity, the employer, at the request of the commission, shall, at the own expense, provide the following :

      1) performance of technical calculations, laboratory researches, tests, other expert works and engagement of expert specialists for these purposes;

      2) shooting of accident site and damaged objects, making of plans, sketches and schemes;

      3) provision of transport, office premise, communication facilities, special clothes and other personal safety equipment, necessary for the investigation;

      4) submission of:

      documents, characterizing state of the working place, availability of harmful and (or) dangerous productive factors (plans, sketches, schemes and if necessary, photo and video materials of accident site and other);

      extracts from registration logs of briefings and protocols of knowledge assessment of the injured on occupational health and safety, records of interview of eyewitnesses of the accident, related to labor activity, and officials, explanations of the injured, expert opinions of the specialists;

      results of laboratory researches and experiments;

      medical report on nature and severity of injury, incurred by the injured, or cause of its death, on availability (absence) of features of alcoholic, narcotic or toxic intoxication;

      copies of documents, confirming issue of special clothes and other personal safety equipment to the injured;

      extracts from earlier issued instructions of state labour inspectors and officials of local compliance authority (if accident, related to labour activity, had happened in the organization or on object, subordinated to this authority);

      other documents, related to consideration of the case, at the discretion of the commission.

Article 188. Procedure for formation and structure of the commission on accidents investigation related to labour activity

      1. Investigation of accidents, related to labour activity, except for the cases subject to special investigation, shall be performed by the commission created by the employer's act during twenty four hours from the moment of receipt of conclusion on severity of industrial accident in following composition:

      1) chairman is a chief of the organization (production service) or its deputy, and if they are absent - authorized representative of the employer;

      2) members - chief of occupational health and safety service and employees' representative.

      2. Official responsible for occupational safety at the appropriate site of accident related to labour activity took place, is not included into the commission during the investigation.

      3. Following is subject to special investigation:

      1) accidents related to labour activity with severe or fatal result;

      2) group accidents, related to labour activity, occurred with two and more employees, regardless of severity of industrial accidents of the injured;

      3) group cases of acute intoxication.

      4. Special investigation of the accident, related to labour activity, shall be performed by the commission, which was created during twenty four hours by the local body on labour inspection from the moment of receipt of conclusion on severity of industrial accident in following composition:

      1) chairman is a state labour inspector;

      2) members - employer and representative of the employees.

      Investigation of group accidents, related to labour activity, when two people had died, shall be performed by the commission, which is headed by chief state labour inspector of the oblast, city of the republican status and capital.

      Investigation of group accidents, related to labour activity, when from three to five people had died, shall be performed by the commission, created by the authorized labor body, and if more five people had died - by the Government of the Republic of Kazakhstan.

      5. In case of investigation of accidents, related to labour activity, occurred during man-caused emergencies as a result of failure on hazardous industrial facility, chairman of the commission shall appoint representative of the authorized body in the area of industrial safety or its regional office. In this case state labour inspector is a member of the commission.

      6. Composition of the commission shall also include:

      1) state inspector on state supervision in the area of industrial safety and official, performing state energy supervision and control, in case of accidents, related to labour activity, occurred on hazardous industrial facility, and also in organizations of electric power industry, - ;

      2) representatives of public body in the area of sanitary and epidemiological welfare of the population in case of acute intoxication;

      3) responsible representative of the organization, on territory of which the accident took place, in case of the accident, related to the labour activity, occurred with employee of the organization, situated and performing works on the territory of the other organization for performance of production task (official or contractual obligations).

      7. Representative of insurance organization with the relevant contractual relations with the employer or the injured can take part in work of the commission.

      8. The employer or its authorized representative, representative of employees, specialist on labor protection, which can be engaged to investigation of the accident and on contractual basis can take part in the investigation of the accident related to labour activity of the employer - natural person.

      9. In order to solve issues, for which expert opinion is required, chairman of the commission on special investigation shall be entitled to create expert subcommittees among number of scientific and research organizations and regulatory bodies at the expense of the employer.

Article 189. Order of investigation of accidents, related to labor activity

      1. Investigation period of the accident, related to labor activity, shall not exceed ten working days from the date of formation of the committee.

      If there are circumstances, preventing completion of the investigation within the established terms, terms of the investigation can be prolonged by the protocol resolution of the committee on ten working days not more than two times.

      2. Accidents, related to labor activity, on which local bodies on labor inspection were not informed in due time, shall be investigated upon the application of the injured or its authorized representative during ten working days from the date of application registration.

      3. In each case of the investigation, the committee shall detect and interview eyewitnesses of the accident, persons, committed violation of the requirements on safety and labor protection, get necessary information on the employer and explanation of the injured if possible.

      4. It is strictly prohibited to interview eyewitnesses, witnesses without agreement of the chairman of the committee on special investigation, and also to perform parallel investigations of this accident, related to labor activity, someone or other committee during working days of duly appointed commission.

      5. The commission shall establish circumstances and causes of the accident related to the labor activity, determine reference of the accident with production activity of the employer and whether presence of the injured at place of the accident was explained by performance of labor obligations by it, qualify the accident as the accident related to the labor activity or as the accident not related to the labor activity, determine persons, committed violations of the requirements of safety and labor protection and measures on elimination of causes and prevention of accidents related to labor activity, on the basis of collected documents and materials.

      6. Investigation of the accident related to the labor activity, resulting in severe outcome or death, group accident, occurred together with two and more employees, regardless of severity of industrial injuries of the injured and group acute intoxication of the employees shall be executed by special investigation act in form, established by the authorized public body on labor.

      7. Investigation of accidents, related to labor activity, occurred in the result of transport crashes, shall be performed on the basis of the materials of the investigation of the authorized body on promotion of road-traffic safety.

      8. Authorized body on promotion of road-traffic safety shall be obliged to provide copies of investigation records within five days from the date of transport accident upon the request of the chairman of the commission on investigation of accidents related to labor activity.

      9. Working conditions of the commission on investigation of accidents related to labor activity on sensitive facility shall be determined taking into account access features to such objects.

      10. Completion of the search of the injured, disappeared in the result of explosion, emergencies, destructions, fire and other cases on objects of the organization shall be determined by the commission on special investigation on the basis of conclusion of chief of the emergency rescue service or formation and specialist experts.

      Also refer to: Rules for investigation of cases of contagious and parasitical occupational diseases and intoxication of population

Article 190. Procedure for execution of investigation records of the accidents related to labor activity and their accounting

      1. Each accident related to the labor activity and resulted in loss of labor capacity of the employee (employees) in accordance with medical report (recommendation) shall be investigated.

      Accidents related to labor activity resulting in severe outcome or death and group accidents shall be subject to special investigation.

      Forms of investigation acts, special investigation and forms of accident reports related to labor activity, vocational disease shall be established by the authorized body on labor.

      2. Act shall be executed in accordance with investigation records.

      If during the investigation of the accident related to the labor activity, the commission established that gross negligence was cause of occurrence or increase of damage, the commission shall bear mixed liability of the parties and determine guilt level of employee and employer in percentage terms.

      If one of the members of the commission on accident investigation related to labor activity does not agree with conclusion of the commission (majority), it shall provide written reasoned opinion for inclusion into investigation records. Special investigation act shall be signed with the proviso: "refer to special opinion".

      3. In case of disagreement with the result of the investigation or untimely execution of accident report related to labor activity, the injured or its authorized person, attorney of the employees shall be entitled to write to the employer, which shall be obliged to consider their application and make a decision within ten days.

      4. Differences on issues of investigation, execution and registration of accidents, related to labor activity, between the employer, employee and state labour inspector or state inspector on state monitoring in the area of industrial safety in cases, occurred on hazardous industrial facilities, shall be considered in order of subordinacy to the relevant senior state labour inspector and (or) in judicial proceeding.

      Decision of the senior state labour inspector on investigation of accidents related to labor activity shall be executed in form of conclusion in form, established by the authorized state labor body.

      5. Investigation records of the accident, related to the labour activity, shall contain following information together with act of investigation:

      1) information on training and instruction in labor protection and preliminary and periodical medical examinations of the injured;

      2) records of interview in the form, established by the authorized state labour body, and explanation of eyewitnesses of accident, and also officials, which are responsible for observance of the requirements of occupational health and safety;

      3) plans, schemes and photos of accident site;

      4) extracts from instructions, provisions, orders and other acts, regulating requirements of occupational health and safety, obligations and responsibilities of officials for provision of healthy and safe labour conditions on production and other;

      5) medical certificate on nature and severity of health damage of the injured (cause of death);

      6) results of laboratory and other researches, experiments, expertise, analyses and other;

      7) conclusion (if available) of chief state labour inspector;

      8) information on financial damage, incurred by the employer;

      9) order of the employer on compensation of damage, incurred to health to the injured (members of family) and bringing of officials, guilty for the accident, to responsibility;

      10) list of attached documents.

      6. At the end of the investigation of each accident, related to labour activity, the employer shall be obliged to execute accident report within three working days in accordance with investigation records.

      7. Act of occupational disease in the established form shall be filled by the employer on the basis of conclusion of expert occupational pathology commission.

      8. Accident report shall be filled and signed by heads of occupational health and safety service and corporate division, by employees of the organization and representative of the state body in the area of sanitary and epidemiological welfare of the population in case of intoxication.

      Accident report shall be approved by the employer and certified with the seal of the organization (if available).

      If employer is natural person, accident report shall be filled and signed by the employer and notarized.

      9. One copy of accident report shall be issued to the injured or its attorney within three working days after completion of the investigation, and shall be sent to:

      1) insurance company, with which insurance contract of the employee is concluded against accidents during performance of labour (official) duties;

      2) local body on labour inspection on paper and in electronic form;

      3) state body in the area of sanitary and epidemiological welfare of the population in case of intoxication.

      10. Copies of materials of special investigation of the accident related to labour activity shall be transferred to the local body on labour inspection by the employer. Upon the completion of the investigation of the accident, related to labour activity, copies of materials of special investigation shall be sent by the state labour inspector to the local body of internal affairs during seven days, which shall make an appropriate decision and inform about decision on or prior to twenty working days in accordance with the legislation of the Republic of Kazakhstan.

      11. The injured or representative of the employees shall be entitled to acquaint with all investigation records of the accident, related to labour activity, and necessary extracts.

      12. Each accident, executed in form of act, shall be indicated in accidents, related to labour activity, or other health damages registration log by the employer. Log is maintained in the form established by the authorized state labour body. Primary statistical data on temporary incapacity and work-related fatalities, injuries, and illnesses shall be provided in accordance with statistic methodology, approved by the authorized body on the area of state statistics.

      13. Investigation records of the accident, related to labour activity, shall be stored in the organization (by the employer) during forty five years, in case of its liquidation investigation records shall be transferred to state archive at place of its activity.

      14. On accidents, related to labour activity, which became severe, or fatal accidents, the employer or its representative shall inform the relevant local body on labour inspection, and insurance company - in case of insurance cases.

SECTION 5 CONTROL OVER OBSERVANCE OF THE LABOR LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN Chapter 21. STATE CONTROL OVER OBSERVANCE OF THE LABOR LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Article 191. Implementation of state control over observance of the labor legislation of the Republic of Kazakhstan

      1. State control over observance of the labor legislation of the Republic of Kazakhstan shall be implemented by state labour inspectors.

      2. State labour inspectors are:

      1) chief state labour inspector of the Republic of Kazakhstan is an official of the authorized state labour body;

      2) chief state labour inspectors are officials of the authorized state labour body;

      3) chief state labour inspector of the oblast, city of the republican status, capital is a head of the local body on labour inspection of the oblast, city of the republican status, capital;

      4) state labour inspectors are the officials of the local body on labour inspection of the oblast, city of the republican status, capital.

      3. State labour inspectors, at performing their official duties, shall be protected by the law and governed by the Constitution of the Republic of Kazakhstan, laws and other regulatory legal acts of the Republic of Kazakhstan.

      4. Persons obstructing performance of official duties state by the labor inspector shall be responsible in accordance with the laws of the Republic of Kazakhstan.

      Paragraph 5 as amended by the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.18 (refer to earlier version)

      5. State control over observance of the labor legislation of the Republic of Kazakhstan shall be performed in the form of inspection and preventive control, visiting the entity (facility) of control in accordance with the Entrepreneur Code of the Republic of Kazakhstan, unless otherwise stipulated by the international treaties, ratified by the Republic of Kazakhstan.

      6. Excluded in accordance with the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.18 (refer to earlier version)

      Refer to: Joint order of the Minister of Health and Social Development of the Republic of Kazakhstan No. 1022 dated December 25, 2015 and Minister of the National Economy of the Republic of Kazakhstan No. 801 dated December 28, 2015 "On Approval of Assessment criteria of risk level and check lists over observance of the labor legislation of the Republic of Kazakhstan"

Article 192. Operating principles and main tasks of state labour inspectorate

      Activity of state labour inspectorate shall be performed on the basis of principles of respect, observance and protection of rights and liberties of the employees, validity, objectivity, independence and publicity.

      Main tasks of state labour inspectorate are:

      1) provision of state control over observance of the labor legislation of the Republic of Kazakhstan;

      2) provision of observance and protection of rights and liberties of the employees, including right on safe working conditions;

      3) consideration of appeals, applications and complaints of employers and employees on the labor legislation of the Republic of Kazakhstan.

Article 193. Rights of state labour inspectors

      At performing state control over observance of the labor legislation of the Republic of Kazakhstan, state labour inspectors shall be entitled to:

      1) visit organizations and enterprises in order to perform inspections of the observance of the labor legislation of the Republic of Kazakhstan;

      2) excluded in accordance with the Law of the Republic of Kazakhstan dated May 24, 2018, No. 156-VI (refer to earlier version)

      3) request and obtain from employers, employees (their representatives) the documents, explanations, information, required for implementation of the duties assigned to them;

      4) provide compulsory requests, conclusions, and also compile minutes and resolutions on administrative offenses, impose administrative penalties;

      5) provide explanations on issues under their competence;

      6) suspend (prohibit) activity of organizations, separate productions, workshops, areas, working places and operation of equipment, mechanisms in case of detection of noncompliance of the requirements of regulatory legal acts on occupational health and safety for the period not more than three days with submission of primary allegation within the specified term;

      7) prohibit issue and use of special clothes and other individual and collective protective equipment, not corresponding to the established requirements at working places;

      2) excluded in accordance with the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.18 (refer to earlier version)

      9) investigate accidents related to labor activity in accordance with the established procedure;

      10) provide instructions on dismissal from work of employees, which did not pass training, briefing, knowledge assessment on occupational health and safety and also for bringing of offenders to responsibility;

      11) send information, legal actions and other materials on violation of the labor legislation of the Republic of Kazakhstan, non-performance of acts of state labour inspectors by the employers, to the relevant law enforcement bodies and courts;

      12) participate in assessment of knowledge on occupational health and safety;

      13) conduct inspection concerning observance of procedures and terms of engagement of foreign labour force by the employers, established by the legislation of the Republic of Kazakhstan and legislation of the Republic of Kazakhstan in the area of population migration;

      14) excluded in accordance with the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.18 (refer to earlier version)

      15) cooperate with citizens and representatives of the employers in case of state control over observance of the labor legislation of the Republic of Kazakhstan;

      16) implement other rights, stipulated by the legislation of the Republic of Kazakhstan.

Article 194. Obligations of state labour inspectors

      State labour inspectors shall be obliged to:

      1) control over observance of the labor legislation of the Republic of Kazakhstan;

      2) perform, in timely and quality manner, inspections on observance of the labor legislation of the Republic of Kazakhstan;

      3) inform employers (their representatives) on detected violations of the labor legislation of the Republic of Kazakhstan for the purpose of taking actions on their elimination;

      4) consider applications of the employers and employees on application of the labor legislation of the Republic of Kazakhstan in timely manner;

      5) detect causes and circumstances resulting in violations of the labor legislation of the Republic of Kazakhstan, provide recommendations on their elimination and recovery of violated labor rights;

      6) take part in investigation of accidents related to labor activity;

      7) collect, analyze and summarize causes of violations of the labor legislation, participate in development and taking measures on implementation of measures aimed at improvement of work on prevention of violations of the labor legislation of the Republic of Kazakhstan;

      8) keep in confidence the information constituting a state secret, official, commercial or other legally protected secret, which becomes known to them due to implementation of employment duties;

      9) give briefings on application of the labor legislation of the Republic of Kazakhstan.

Article 195. Acts of state labour inspector

      1. Depending on established violations of the labor legislation of the Republic of Kazakhstan the state labour inspector provides (makes) following acts :

      1) instruction on:

      elimination of violations of the requirements of the labor legislation of the Republic of Kazakhstan;

      on performance of preventive measures on occupational health and safety on production objects and equipment, and also in production processes for prevention of injuries and emergency situations;

      prohibition (suspension) of operation of some production, workshops, areas, working places and equipment and activity of the organization, in whole.

      At that the act on prohibition (suspension) of the activity of the organization is valid till rendering of a judicial decision;

      2) protocol on administrative offence;

      3) resolution on termination of proceedings in case of administrative offense;

      4) resolution on case of administrative offense;

      5) conclusion of state labour inspector.

      2. Acts of state labour inspector are legal sanctions against violation of the requirements of the legislation of the Republic of Kazakhstan committed by the employers and officials. Acts are made in two counterparts, one of which is handed over to employer against receipt.

      3. Acts of state labour inspector are binding on officials, natural and legal entities.

      4. Form of acts of state labour inspector shall be approved by the authorized state labor body.


      Article 196. Cooperation of state labour inspectorate with other public authorities and organizations

      1. State Labour Inspectorate performs its activity in cooperation with other state supervision and control authorities, with representatives of employees, public associations and other organizations.

      2. Public authorities shall be obliged to render assistance to State labour inspector performing tasks on control over observance of the labor legislation of the Republic of Kazakhstan.

      Article 197. Excluded in accordance with the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.18(refer to earlier version)

Article 198. Procedure for appeal of decisions, actions (failure to act) committed by the State labour inspector, performing state control

      1. In case of infringement of rights and legal interests of the employer, performing state control over observance of the labor legislation of the Republic of Kazakhstan, the employer shall be entitled to appeal against the actions (failure to act) committed by the State labour inspector to senior state inspector and (or) in court in the orderestablished by the legislation of the Republic of Kazakhstan.

      2. Chief State labour inspector of the Republic of Kazakhstan or chief state labour inspector of the oblast, city of the republican status, capital may, before making decision on application (complaint) of natural and (or) legal entities with respect to actions (failure to act) committed by the lower-level state labor inspector, .suspend performance, to cancel or to revoke acts of the lower-level state labor inspector

      Article 199. Excluded in accordance with the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.18(refer to earlier version)
      Article 200 is amended in accordance with the Law of the Republic of Kazakhstan No. 156-VI dated 24.05.18 (refer to earlier version)

Article 200. Declaring of employer's activities

      Declaring of the employer's activities shall be performed by the local body on labor inspection together with regional associations of employers and territorial trade union amalgamations.

      Conformity of of the employer's activity parameters to the requirements of the labor legislation of the Republic of Kazakhstan constitutes the condition for their participation in declaring.

      Employers, the activities of which are recognized as conforming with the requirements of the labor legislation of the Republic of Kazakhstan, are given trust certificate for the period of three years, which shall be taken into account during formation of lists of preventive control with visiting the entity (facility) of control in accordance with the Entrepreneur Code of the Republic of Kazakhstan.

      Refer to: Rules for declaration of employer's activities

Chapter 22. INTERNAL CONTROL

Article 201. Internal control on occupational health and safety

      1. Internal control on occupational health and safety includes creation and introduction of safety management system, observation of state of labor conditions, performance of operative analysis of data of production control, risks assessment and adoption of measures on liquidation of detected non-conformances to the requirements of occupational health and safety

      2. Internal control on occupational health and safety shall be implemented by the employer in order to observe established requirements on occupational health and safety at working places and adoption of urgent measures on elimination of detected violations.

Article 202. Implementation of internal control on occupational health and safety

      1. In order to perform internal control over observance of the requirements on occupational health and safety in organizations, performing production activity with number of employees more fifty employees, the employer shall create occupational health and safety service, which is directly reported to chief executive officer or its authorized person.

      2. Standard provision on occupational health and safety service in the organization shall be developed by public labor authority.

      3. The employer with number of employees up to fifty people shall introduce position of occupational health and safety specialist taking into account specific activity or entrust the obligation on safety and labor protection to other professional.

      4. Occupational health and safety service or specialist specified in paragraph 3 of this Article may:

      1) have free access for visit and inspection of production, amenity spaces and other premises;

      2) perform control over development and implementation of preventive measures on creation of safe and healthy labor conditions, prevention of industrial injuries and occupational diseases in structural subdivisions of the organization;

      3) give to employees of structural subdivisions of the organization the compulsory instructions on taking measures aimed at elimination of detected violations on occupational health and safety .

      5. Occupational health and safety service or specialist specified in paragraph 3 of this Article shall be obliged to:

      1) perform monthly analysis of state and causes of industrial injuries, and occupational diseases in the organization, develop preventive measures and enter them in electronic data bases of the organization for persistent storage;

      2) organize training, assessment of knowledge on occupational health and safety of employees of the organization;

      3) ensure compliance with procedure for investigation of accidents related to labor activities.

      6. Organization of occupational health and safety of small business entities can be implemented on a contract basis with natural or legal entities.

Article 203. Industrial council on occupational health and safety in organizations

      1. Industrial council on occupational health and safety is created on the initiative of the employer and (or) on the initiative of employees or their representatives. Representatives of the employer, representatives of employees, including technical labor inspectors, are included into it on parity basis.

      2. Composition of Industrial council on occupational health and safety shall be approved by joint resolution of the employer and employees representatives.

      3. Industrial council on occupational health and safety is headed by the chairman, elected by members of the council from among representatives of the employer and employees on a rotation system every two years.

      Decisions of Industrial council on occupational health and safety are mandatory for the employer and employees.

      4. Industrial council on occupational health and safety organizes joint actions of the employer and employees on ensuring of labour protection requirements, prevention of work-related fatalities, injuries, and illnesses and also organizes inspection of conditions and protection of labor on working positions by technical labor inspectors.

      Candidates for technical inspectors of occupational health and safety are nominated by a labor union, and if it is absent - by general meeting of the employees from among the organization employees by majority of votes, if at least two thirds of employees are present at the meeting.

      5. Technical inspectors on labor protection shall be approved by the decision of industrial council on occupational health and safety.

      Status, rights and obligations of technical inspectors on labor protection, and procedures of their control shall be determined by the decision of the industrial council on occupational health and safety.

Chapter 23. FINAL PROVISIONS

Article 204. Procedure for this Code enforcement

      1. This Code shall be enforced since January 1, 2016.

      Refer to: Letter of the General Prosecutor Office No. 2-010721-16-03143 dated January 19, 2016 "Applicability of norms (which were not included in the earlier Labor Code) to labor relations, appeared before the Code entry into force"

      2. Establish that since January 1, 2017:

      1) subparagraph 64) of paragraph 1 of article 1 shall be read as follows:

      "64) specialized organization on attestation of production facilities are organizations, performing activity on attestation of production facilities with respect to working conditions, having qualified staff, and testing laboratories accredited in accordance with the legislation of the Republic of Kazakhstan;"

      2) subparagraph 4) of paragraph 1 of article 26 shall be read as follows:

      "4) with foreigners and stateless persons temporarily staying in the Republic of Kazakhstan, before obtaining of permit of the local executive body for engagement of foreign labor force or certificate on qualification conformity for independent employment, issued in order, determined by the authorized body on population migration, to foreign employees, or before obtaining of permit for labor immigrant, issued by internal affairs bodies in order established by the Ministry of internal affairs of the Republic of Kazakhstan or not following limits or seizures, established by the laws of the Republic of Kazakhstan";

      3) subparagraph 6) of paragraph 1 of article 30 shall be read as follows:

      "6) within the limits established by the legislation of the Republic of Kazakhstan with respect to terms of labor activity performance by foreign employees, arrived for independent employment, permissions for engagement of foreign labour force issued by the local executive body or permit to labor immigrant issued by internal affairs bodies;"

      4) subparagraph 1) of paragraph 1 of article 57 shall be read as follows:

      "1) if the permit to engage foreign labour is revoked by the local executive bodies or residence permit is expired";

      5) subparagraph 3) of Article 60 shall be read as follows:

      "3) conclusion of labor contract with foreigners and stateless persons without properly received certificates on qualification conformity for independent employment or permission for engagement of foreign labor force or in disregard of restrictions or withdrawals established by the laws of the Republic of Kazakhstan";

      3. Shall be declared to be no longer in effect from the date of this Code entry into force;

      1) Labor Code of the Republic of Kazakhstan dated May 15, 2007 (Statements of the Parliament of the Republic of Kazakhstan, 2007, No. 9, article 65; No. 19, article 147; No. 20, article 152; No. 24, article 178; 2008, No. 21, article 97; No. 23, article 114; 2009, No. 8, article 44; No. 9-10, article 50; No. 17, article 82; No. 18, article 84; No. 24, article 122, 134; 2010, No. 5, article 23; No. 10, article 48; No. 24, articles 146, 148; 2011, No. 1, articles 2, 3; No. 11, artice 102; No. 16, article 128; 2012, No. 3, article 26; No. 4, article 32; No. 5, article 41; No. 6, article 45; No. 13, article 91; No. 14, article 92; No. 15, article 97; No. 21-22, article 123; 2013, No. 2, article 13; No. 3, article 15; No. 7, article 36; No. 9, article 51; No. 10-11, article 56; No. 14, article 72, 75; No. 15, articles 78, 81; No. 16, article 83; No. 23-24, article 116; 2014, No. 2, article10; No. 7, article 37; No. 8, articles 44, 49; No. 11, article 67; No. 14, article 84; No. 16, article 90; No. 19-I, 19-II, article 96; No. 21, article 122; No. 23, article 143; 2015, No. 1, article 2; No. 3, article 13; No. 7, article 33; No. 8, article 45; No. 10, article 50; No. 11, article 56; No. 14, article 72; No. 15, article 78);

      2) Law of the Republic of Kazakhstan "On Implementation of the Labor Code of the Republic of Kazakhstan" dated May 15, 2007 (Statements of the Parliament of the Republic of Kazakhstan, 2007, No. 9, article 66).

      President of the Republic of Kazakhstan N. NAZARBAYEV