Certain Aspects Of Employment Termination By The Employer

Termination of the employment contract by the employer is expressly regulated by the laws of the Republic of Kazakhstan.

Grounds for employment termination by the employer.

The Labor Code of the Republic of Kazakhstan ("the Labor Code") provides for nearly 30 grounds for termination of an employment contract by the employer, which, for the purposes of this article, we have divided into the following main groups:

termination due to reasons beyond the employee's control, such as Reduced production that worsened the employer's economic status; and

termination due to reasons within the power of the employee The latter group, in its turn, may be further classified as follows:

1. grounds related to inaptitude of the employee's skill set to the job position held;

2. reasons related to the health condition of the employee;

3. grounds related to the violation of the laws, labor regulations and employment duties by the employee;

4. other reasons (e.g., the employee refusing to continue the employment, etc.).

Due process for employment termination by the employer.

Employment termination is generally governed by the employment contract and the collective bargaining agreement (if available). At the same time, the Labor Code sets out the following statutory due process for employment termination by an employer.

1. In the event of liquidation/winding up of the company or staff reduction, the employer must notify an employee of the employment termination at least 1 month in advance.

2. In the event of reduced production and decreased volume of rendered services/works that resulted in deterioration of the company's economic status, the employer must notify an employee of employment termination at least 15 working days in advance. By mutual agreement of the parties this timeline may be replaced by the payment of salary for the unfinished term. Under this ground all of the following conditions must be met.

shut down of the structural unit (workshop, section); assignment of the employee to another job position is not possible; at least 1 month advance written notification of employees' representatives specifying the reasons for termination. 3. In some instances, depending on the ground, employment termination requires certain documents as follows:

resolution of the attestation commission in case of inaptitude of the employees' skills set to the job position...