Recent Changes In The Republic Of Kazakhstan Labor Legislation

In the first half of 2018, a number of amendments to the Labor Code of the Republic of Kazakhstan were introduced by the laws on amendments to the legislative acts on employment and migration issues1, entrepreneurial activities2, as well as social welfare3. Below we present to your attention a brief overview of the most significant changes in the labor legislation of the Republic of Kazakhstan.

Effective from April 29, 2018 it is possible to employ part-time medical workers engaged in heavy work, work with harmful and/or hazardous working conditions4. Previously, there was no such exception for medical workers. It is now defined when a notice of termination of the employment contract with an employee who has reached retirement age must be made. Specifically, such notice must be sent to such employee after he/she has reached retirement age5. New rules of extending the term of collective agreements have been introduced. Now, in the event of the expiry of a collective agreement, it is deemed extended until the conclusion of a new collective agreement, but for no more than a period of up to one year. In this case, an extension is allowed provided that before the expiration of its term, at least one of the parties to a collective agreement proposes to conclude a new collective agreement. In addition, the parties may provide in a collective agreement for its extension before the date of conclusion of a new collective agreement without limiting the period specified above6. Effective from April 29, 2018 a compulsory post-shift medical examination has been canceled for employees engaged in works related to increased danger, machinery and mechanisms. Accordingly, the employer and the employee are exempted from respective duties to conduct and undergo a post-shift medical examination7. Effective from June 8, 2018 the types of checks by state authorities have been reduced. In particular, Article 144 of the RK Entrepreneurial Code provides for only two types of checks: a. Checks conducted in accordance with a special procedure aimed at prevention and/or elimination of immediate threat to the life and health of a human being, the environment, the lawful interests of individuals and legal entities as well as the State

2. Unscheduled inspections appointed based on particular facts and circumstances and for specific reasons envisaged in the RK Entrepreneurial Code Code.

Occasional checks (previously conducted based on results of the analysis of accounts...