Updated on: 2025/08/05 15:25 (UTC)
Overview
A new labor code came into effect in 2016 introducing a number of changes to the previous statute. In general, Kazakh law is built on Soviet principles of regulation of employment and has an employee-protective approach.
Hiring
Employment Contracts
The labor code requires a written formal employment agreement to be executed between the employer and the employee. Employment agreements may be fixed-term (for not less than one year) or indefinite, for the performance of a certain project, for seasonal work or for replacement of a temporarily absent employee. The usual contract duration is one year. When an agreement expires, the parties can extend it for an unfixed term or a fixed period of no less than one year.
An employment agreement concluded for a period of less than one year may only be extended twice. Any further continuation of the agreement will be treated as concluded for an unfixed term.
The written contract must contain:
- details of the employer and the employee,
- a job description,
- the location of employment,
- the starting date of employment and
- working hours.
Provisions in the contract cannot be changed unilaterally and must be at least equal to the conditions set by the labor laws in the country.
A probationary period of three months is allowed for all employees. The probation can be extended to six months for company executives and their deputies, chief accountants and their deputies, and branch and office managers. If the performance of a probationary employee is unsatisfactory, the employee can be dismissed within the final seven days of probation.
Restrictions on Hiring
The minimum working age is generally 16, although minors as young as 14 are allowed to work during free time if this does not adversely affect their health or further education and minors as young as 15 if they have completed their basic secondary education. Minors younger than 14 may work in the entertainment industry (movie production companies, circuses, theaters, etc.) if this is not harmful to their health and moral growth.
Youths should pass pre-employment health tests to ensure they are able to perform the duties of the job and must have annual follow-up health examinations.
Youths under 16 cannot work more than 24 hours a week, those 16 to 18 no more than 36 hours. Minors cannot engage in overtime or night work and are prohibited from working in hazardous conditions.
Recordkeeping
Employers are required to keep records of:
- employee work experience,
- pension contributions,
- redundancies,
- job openings and
- employee injuries.
Employers must also keep a log of overtime worked.
Background Checks
Employers are allowed to obtain relevant information directly from employees but are prohibited from obtaining an applicant’s criminal or credit record directly from publicly available sources. Employers are also not allowed to conduct background checks aimed at obtaining information about union membership or political or religious affiliation. Security checks may be conducted if the position is security sensitive.
Noncompetition Agreements
Employment agreements may contain noncompete clauses, subject to the agreement of the employer and the employee.
Reference Citations
Employment Contracts: Labor Code of Kazakhstan, 2015, No. 414, arts. 30, 33, 36 (Kazakh)
Restrictions on Hiring: Labor Code of Kazakhstan, 2015, No. 414, art. 31 (Kazakh)
Noncompetition Agreements: Labor Code of Kazakhstan, 2015, No. 414, art. 29 (Kazakh)
Immigration and Work Permits
In General
Foreign nationals planning to work in Kazakhstan must obtain a permanent resident visa at a Kazakh consulate in the country of residence. Employment of a non Kazakh national generally requires a work visa, and labor market tests are required when applying for a work permit and subsequent work visa.
Foreigners entering Kazakhstan for employment can apply for either a single entry business visa or multiple entry business visa. Visas are valid for three years and can be extended for another three. Individuals must obtain a valid work permit through their employer in Kazakhstan in order to receive a visa.
Visas and Work Permits
Foreign nationals planning to work in Kazakhstan must obtain a permanent resident visa at a Kazakh consulate in the country of residence. Employment of a non Kazakh national generally requires a work visa, although certain categories of employees are exempt from this requirement.
Labor market tests are required when applying for a work permit and subsequent work visa. The authorities will consider a work permit application if there are no local employees qualified for the vacancy. A labor market test is not required for employers to hire foreign employees to work in special economic zones or to hire ethnic Kazakhs and former compatriots.
Foreigners entering Kazakhstan for employment can apply for a single, double, or multiple entry visa. Visas are valid for three years and can be extended for another three.
The employing company must apply to the Department of Consular Services or the Ministry of Foreign Affairs for a letter of invitation. The application cannot be made earlier than two weeks before the planned arrival of the employee is Kazakhstan. The LOI will be processed within seven days of the application being filed and sent with the visa application directly to the consulate. The application must include the name of the applicant and of the hiring employer and the duration of the stay.
Spouses of expatriate workers are not entitled to work.
Employers must advertise for local workers before applying for permission to hire foreign workers.
Foreign workers who move to Kazakhstan as the result of a cross-border employee transfer inside one multinational company are exempt from mandatory work permit requirements.
Post-Entry Requirements
On entering Kazakhstan, the employee will be given a Migration Card and must register his or her residence with local authorities within five days. Changes in residence during the employee’s stay must be reported.
Reference Citations
Visas and Work Permits: Rules for the issuance of Kazakhstan visas (Kazakh)
Nondiscrimination
In General
The Kazakh Constitution states that all citizens are equal before the law, and the labor code prohibits discrimination against any employee or job applicant on the basis of age; gender; disability; race or nationality; economic, social or official status; place of residence; ethnic origin; union membership or religious, political or ideological beliefs.
Reference Citations
Nondiscrimination: Labor Code of Kazakhstan, 2015, No. 414, art. 6 (Kazakh); Constitution of Kazakhstan, art. 14
Employee Privacy
Employee Data
The processing and disclosure by the employer of private data is subject to the written consent of the employee, which may be revoked at any time. The employer is not permitted to require employees to provide information on their private lives; political, religious, or other beliefs; or membership in nongovernmental organizations, including trade unions.
Employees have unrestricted access to their personal data and may require amending, blocking, or destroying of the information if it was collected or processed in breach of Kazakh statutory requirements.
Employee Monitoring and Surveillance
Kazakh law does not address video monitoring of employees. In general, monitoring of employees is permitted to ensure employee safety. However, records of covert video recording cannot be used as evidence in court proceedings.
There is no statutory ban on employee use of business email systems for personal communication, although employers have the right to establish rules for the use of various forms of communication, including email. If employees have been notified that use of the e-mail system is only for business purposes, the employer is entitled to monitor and copy messages and take other steps to control internal communication.
Reference Citations
Employee Data: Labor Code of Kazakhstan, 2015, No. 414, art. 23 (Kazakh)
Monitoring and Surveillance of Employees: Labor Code of Kazakhstan, 2015 (Kazakh)
Compensation
Hours of Work
A standard workweek in Kazakhstan is 40 hours, usually consisting of five eight-hour workdays, although the week may also consist of six working days. Employees are entitled to a daily work break of at least an hour, a break between working days of at least 12 hours, and at least one day off each week. Sunday is the default day, but another day can be substituted when business circumstances require.
Minimum Wage
Effective Jan. 1, 2024, the monthly minimum wage is 85,000 Kazakh tenges per month for a 40-hour workweek. Work on a weekly rest day or public holiday entitles an employee to a 100-percent premium for each hour. Night work, defined as work performed between 11:00 p.m. and 6:00 a.m., is compensated at 150 percent of the employee’s normal salary.
Overtime
Hours worked in excess of eight per day and 40 per week are considered overtime and must be paid in the amount of normal salary plus 50 percent. Employees who work on a public holiday are entitled to double pay. The Labor Code limits overtime to two hours per day (one hour for work in hazardous conditions), 12 hours per week and 120 hours per year.
Overtime work is only permitted with the written consent of the employee. Pregnant women, people with disabilities and children under the age of 18 cannot be required to work overtime.
Wage Payment
Wages must be paid at least monthly. The exact date for payment of wages is set by employment contracts and collective bargaining agreements. Payments must be made at the place where the employee works unless the employment contract or the collective bargaining agreement dictates otherwise. If the day for payment of wages falls on a day off or public holiday, payment must be made on the day before.
The labor code requires that wages be paid in the national currency of Kazakhstan.
Mandatory Bonuses
Bonuses are not mandatory and are usually paid at the discretion of the employer.
Reference Citations
Hours of Work: Labor Code of Kazakhstan, 2015, No. 414, art. 68 (Kazakh)
Minimum Wage: Labor Code of Kazakhstan, 2015, No. 414, art. 104 (Kazakh)
Overtime: Labor Code of Kazakhstan, 2015, No. 414, arts. 77 - 79, 128 (Kazakh)
Wage Payment: Labor Code of Kazakhstan, 2015, No. 414, art. 113 (Kazakh)
Benefits
Vacation
Employees are entitled to at least 24 calendar days of paid leave each calendar year, two weeks of which must be consecutive. An employment or collective bargaining agreement may provide a more generous benefit. Disabled persons and employees living in certain regions of the country or working under hazardous conditions must be provided additional leave. Unused annual leave may be carried over to the next year only in cases of temporary disability, maternity or civic duty.
Holidays
Employees are entitled to the following 14 paid public holidays:
- Jan. 1 - 2: New Year’s Day
- Jan. 7: Orthodox Christmas
- March 8: International Women’s Day
- March 22 - 23: Oriental New Year
- May 1: People’s Unity Day
- May 7: Army Force Day
- May 9: Victory Day
- July 6: Capital Day
- Aug. 30: Constitution Day
- Kurban Ait (celebrated in September or October, exact date varies)
- Dec. 1: First President’s Day
- Dec. 16 - 17: Independence Day
Payment for work on holidays must be at least one and a half times the regular payment. At the request of an employee, a day off may be given in lieu of extra pay for work on holidays. If a holiday falls on a weekend, it is observed on the following Monday.
Maternity Leave
Female employees are provided paid maternity leave of 70 calendar days before and 56 calendar days after childbirth. Employees who adopt a newborn are also entitled to 56 days of paid leave. In cases of complicated childbirth or the birth of two or more children, the maternity leave is extended to 70 calendar days after childbirth. In addition, the mother or father can take unpaid childcare leave until the child reaches age 3.
Maternity leave is paid for by the employer. Employers must preserve the position and salary of female employees who are on maternity leave. Employers generally cannot terminate the employment of women on maternity leave.
Paternity Leave
Working fathers are not entitled to paid paternity leave. However, either the mother or the father can take unpaid parental leave until a newborn reaches age 3.
Sick Leave
Employers are responsible for payment of employee sick benefits. Benefits are based on the employee’s average monthly wages.
Other Leave
Personal leave. Employees are entitled to five days’ of unpaid leave for marriage and the death of a close relative (parent, grandparent, child, brother, sister, adopted child or adoptive parent).
The employment contract or collective bargaining agreement may provide additional types of paid personal leave.
Educational leave. Employees studying in educational institutions are entitled to leave for taking exams, performing laboratory work or writing a thesis or dissertation. The length of the leave and its payment are governed by an employment or collective bargaining agreement or a training contract between employer and employee.
Pensions and Social Security
Under the mandatory individual retirement account system, the legal retirement age is 63 for men, 58 for women, and a retiree must have made 35 years of contributions to qualify for a full pension.
Foreign workers have equal rights with Kazakh nationals to receive social security payments and must be included in social security plans. Employers must keep documents confirming payments of the applicable mandatory social levies and submit these documents to the state archives.
Employees contribute 10 percent of monthly wages to their accounts. Employees with at least six months’ service before Jan. 1, 1998, may also qualify for an employer-funded “solidarity pension.” Employer contributions are 11 percent of payroll, and employee eligibility begins at age 63 for men with at least 25 years of contributions, age 58 for women with at least 20 years of contributions.
Workers’ Compensation
Any damage caused to the health of employees is covered under the general rules of Kazakh civil law. Each employee is insured against occupational injuries or death and reimbursed by either an insurance company or the employer. Benefits are based on degree of disability.
The employee is entitled to receive medical and care payments and compensatory remuneration. In the event of death, dependents of the employee are entitled to survivors’ benefits.
Reference Citations
Vacation: Labor Code of Kazakhstan, 2015, No. 414, arts. 88, 92, 94 (Kazakh)
Holidays: Holidays Law, 2001, No. 267, arts. 3 (Kazakh); Labor Code of Kazakhstan, 2015, No. 414, art. 109 (Kazakh)
Maternity Leave: Labor Code of Kazakhstan, 2015, No. 414, arts. 99 - 100 (Kazakh)
Paternity Leave: Labor Code of Kazakhstan, 2015, No. 414, arts. 99 - 100 (Kazakh)
Other Leave: Labor Code of Kazakhstan, 2015, No. 414, art. 97 - 98 (Kazakh)
Pensions and Social Security: Law No. 286-VI of Dec. 26, 2019 (Kazakh)
Labor Relations
In General
Employees have the legal right to representation, either by a union or by other legal representatives, and employers must have a collective agreement in place. If the employer or employees announce an initiative to draft a collective agreement, the other party must commence negotiations within 10 days. Employees have the right to strike if they are not successful in settling a collective labor dispute through conciliation. Lockouts are prohibited by the Kazakh Labor Code.
Right to Organize
Under the labor code, employees have the right to association, including the right to create trade unions or other organizations and to hold membership in them for representation and protection of their labor rights.
Trade unions are nongovernmental organizations voluntarily created by Kazakh nationals for representing and protecting the labor, social and economic rights and interests of members. Unions must be independent of any sponsorship or interference by the employer and assist employees by providing legal consultation, bringing suits for protection of the rights and lawful interests of members and executing collective bargaining agreements on behalf of staff. In certain cases (e.g., if a part-time working regime is introduced to avoid staff redundancy), the employer must solicit the opinion of the trade union.
The status of employee representatives is not comprehensively regulated by the labor code, which generally says that the employee may be represented by a legal representative who should act on the basis of a relevant power of attorney.
Each employer must have a collective agreement in place to provide enhanced benefits or guarantees for its staff. If the employer or employees announce an initiative to draft a collective agreement, the other party must commence negotiations within 10 days. The parties must create a negotiating committee with an equal number of employer and employee representatives. One month is allowed for discussion and execution of an agreement. If there remain issues on which agreement has not been reached, the parties sign an agreement on the settled issues and issue a separate protocol outlining points of disagreement.
The Kazakh Labor Code stipulates several mandatory issues to be covered in collective bargaining, including:
- working time,
- compensation,
- rest periods and leave and
- workplace safety.
The parties are free to agree to additional points, including:
- raising production efficiency,
- labor regulations and discipline,
- training and job placement for employees made redundant,
- work/study arrangements,
- procedures for consulting the trade union on the cancellation of employment contracts,
- guarantees to employees elected to trade union bodies,
- insurance for employees,
- procedures for amending the collective agreement and
- voluntary occupational pension contributions.
Dispute Resolution
The employer and the employees may refer disputes to a conciliation commission or mediation or settle them in an ordinary court proceeding.
A conciliation commission consisting of an equal number of representatives from each side can be created for the settlement of either individual or collective disputes. Seven days are allowed for consideration of the dispute. A decision on an individual labor dispute requires a simple majority of commission members, a decision on a collective dispute unanimity. If either party fails to fulfil its obligations under the decision, the other party can apply to a court for redress.
In practice, employees often approach the local labor authority rather than the courts and request an inspection of the employer. Inspections take less time than court proceedings, usually no more than a month, and follow a simpler procedure.
Strikes and Lockouts
Employees have the right to take industrial action in the form of strikes if they are not successful in settling a collective labor dispute through conciliation or if the employer does not fulfil its obligations under a conciliation commission decision. The strike should be approved by a meeting of employees or their delegates and is headed by a special strike committee.
Kazakh law prohibits strikes that create a threat to life or health or take place at railway, health or public utility organizations. Invalidation of the strike may lead to disciplinary sanctions against union members, including termination of employment.
Lockouts are prohibited by the Kazakh Labor Code.
Successorship Clauses
The labor code does not address successorship.
Reference Citations
Right to Organize: Labor Code of Kazakhstan, 2015, No. 414, arts. 30, 33, 36, 156 (Kazakh)
Dispute Resolution: Labor Code of Kazakhstan, 2015, No. 414, art. 159 (Kazakh)
Strikes and Lockouts: Labor Code of Kazakhstan, 2015, No. 414, art. 171 (Kazakh)
Safety, Health and Security
In General
Employers are required to ensure safe conditions of work and can be held liable for occupational injuries or diseases. Employees may suspend work in case of any threat to their health or life without jeopardy to their employment.
Smoking is banned in most Kazakh workplaces, and the use of alcoholic beverages or being intoxicated may lead to employee dismissal.
Employers have the right to establish rules for the use of various forms of communication, including e-mail, and can use technological means of surveillance in their facilities.
Workplace Safety and Health
The Kazakh Ministry of Labor and Social Development is responsible for monitoring compliance with established health and safety rules. Employers are obliged to ensure safe conditions of work and can be held liable for occupational injuries or diseases. Employees are entitled to carry out their work in conditions that are safe, hygienic and healthy and may suspend work in case of any threat to their health or life without jeopardy to their employment.
Employers are obligated to organize occupational safety, hygiene and health activities aimed at preventing occupational risk and safeguarding the health of their employees. They must:
- take measures for the prevention of occupational risks;
- train employees on labor safety matters;
- ensure necessary safety and hygiene conditions in the workplace;
- register, record, investigate and assess any occupational accidents and
- conduct regular medical check-ups.
The Labor Code presents an extensive list of employer obligations that must be met to guarantee that employees’ working conditions are safe, hygienic and healthy, including taking steps to provide a more ergonomic workplace and organizing work in such a way as to eliminate the adverse effects of hazardous factors.
Drug and Alcohol Use
Smoking is banned in most Kazakh workplaces except in designated smoking areas. Use of alcoholic beverages or being intoxicated in the workplace may lead to employee dismissal.
Reference Citations
Workplace Safety and Health: Labor Code of Kazakhstan, 2015, No. 414, art. 1 (23)-(26) (Kazakh)
Drug and Alcohol Use: Labor Code of Kazakhstan, 2015, No. 414, art. 26
Termination
Termination by Employer
The concept of “at-will” employment does not exist in Kazakhstan, although national labor law includes an exhaustive list of reasons for dismissal of employees, including expiration of an employment contract, termination of a contract by agreement of the parties and revocation of a work permit. An employment agreement may grant the employer the right to dismiss an employee without cause, however, provided the employee is paid severance equal to at least his or her annual average salary and the right of dismissal without cause is explicitly stated in the agreement.
The Kazakh Labor Code provides 20 grounds for dismissal at the initiative of the employer, including:
- liquidation of the business;
- reduction of staff;
- unfitness of the employee for the position held;
- unsatisfactory performance during probation;
- absence from work without good reason for a period of three or more consecutive hours;
- appearance of the employee at work under the influence of alcohol, narcotics or toxic substances;
- violation of safety rules;
- theft;
- failure to fulfill job duties;
- absence from work for more than two consecutive months as a consequence of temporary disability and
- a corruption-related crime making continued work impossible.
The employer must give an employee it intends to terminate at least one month’s notice. An employment contract or collective bargaining agreement may require longer notice.
A court may rule a dismissal unlawful if the employer did not follow the appropriate procedure and require the employer to reinstate the employee and reimburse lost salary for up to six months.
Termination by Employee
An employee is required to give 30 days’ notice of termination unless the parties agree otherwise. If the employer breaches the terms of the employment agreement, the employee may give notice of default and, if the breach is not rectified within seven days, terminate employment with three days’ notice.
Plant Closings and Mass Layoffs
Employers are required to notify the labor authority regarding the upcoming termination or downsizing of personnel at least two months before the expected dismissal. The notification must include details about the number and types of employees being dismissed, along with their positions, specializations, skills and salaries and the terms under which they will be released.
Payment on Termination
Termination compensation must be paid within three business days. Employers must compensate employees for any unused annual leave. Employers also must compensate employees with one month of wages upon termination in the case of liquidation or downsizing.
Employers must pay employees three months’ wages upon termination if the employer gave false information of working conditions to the employee prior to employment. An employer can terminate a worker’s employment for any reason upon payment of a fixed amount of compensation specified in the employment agreement. There is no minimum amount of such agreed-upon compensation.
Unemployment Insurance
Employed persons, including foreign citizens and persons without citizenship who work and reside permanently in Kazakhstan, are eligible for unemployment insurance benefits if they have been covered under the program for at least six months.
The monthly benefit is based on average monthly insured earnings in the last 24 months multiplied by the income replacement rate and the covered period rate.
Reference Citations
Termination by Employer: Labor Code of Kazakhstan, 2015, No. 414, art. 52
Termination by Employee: Labor Code of Kazakhstan, 2015, No. 414, art. 56
Payment on Termination: Labor Code of Kazakhstan, 2015, No. 414, art. 22
Plant Closings and Mass Layoffs: Labor Code of Kazakhstan, 2015, No. 414, art. 52
Personal Taxes
Residency Requirements
An individual is regarded as being domiciled in Kazakhstan for tax purposes if present in the country for at least 183 days within any 12 consecutive months ending in the current tax period.
In addition, those individuals whose center of vital interests is located in Kazakhstan are deemed to be residents. The following conditions must be met simultaneously:
- Kazakhstan citizenship or residence permit,
- family and/or close relatives residing in Kazakhstan and
- real estate owned and permanently available as a residence in Kazakhstan.
Taxable Income
Kazakhstan tax residents are subject to taxation on their worldwide income, nonresidents only on income from Kazakhstan sources.
Tax Rates
For the 2019 tax year, income tax rackets are applicable as follows:
- a rate of 1 percent applies to monthly income of up to 63,125 tenge; and
- a rate of 10 percent applies to monthly income in excess of 63,125 tenge.
Employers are required to contribute 9.5 percent of total wages paid to the pension fund and 5 percent to disability and survivor’s insurance funds.
Employees must contribute 10 percent of wages earned to the pension fund and 5 percent to disability and survivor’s insurance.
Employers are required to pay monthly contributions of 1 percent of payroll to finance a mandatory health insurance program, with the contributions allocated to the Social Health Insurance Fund. Effective Jan. 1, 2018, the employer contribution rate for the fund is 1.5 percent. The rate will rise to 2 percent on Jan. 1, 2020, and 3 percent on Jan. 1, 2022.
Employees working in Kazakhstan must contribute 1 percent of their salary through payroll deductions to the Social Health Insurance Fund. The employee contribution rate for the fund will rise to 2 percent on Jan. 1, 2020.
Employers file personal income tax returns quarterly not later than the 15th day of the second month following the reporting quarter.
Reference Citations
Residency Requirements: Tax Code of Kazakhstan, 2015, art. 189 (English)
Taxable Income: Tax Code of Kazakhstan, 2015, art. 189 (English)
Taxable Rates: Tax Code of Kazakhstan, 2015, art. 189 (English)
Web References
In Russian unless otherwise noted.
Law and Regulation
Labor Code of Kazakhstan
Law on Holidays in the Republic of Kazakhstan
Law on Trade Unions
Minimum Wage
Pension Law
Social Insurance Law
Government Websites and Publications
Government of the Republic of Kazakhstan (English)
Ministry of National Economy (English)