Labour and employment—Kazakhstan—Q&A guide

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Labour and employment—Kazakhstan—Q&A guide
  • 1. What are the main statutes and regulations relating to employment?
  • 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?
  • 3. What are the primary government agencies or other entities responsible for the enforcement of employment statutes and regulations?
  • 4. Is there any legislation mandating or allowing the establishment of employees’ representatives in the workplace?
  • 5. What are their powers?
  • 6. Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?
  • 7. Are there any restrictions or prohibitions against requiring a medical examination as a condition of employment?
  • 8. Are there any restrictions or prohibitions against drug and alcohol testing of applicants?
  • 9. Are there any legal requirements to give preference in hiring to, or not to discriminate against, particular people or groups of people?
  • More...

Labour and employment—Kazakhstan—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in Kazakhstan published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2020).

Authors: Morgan Lewis—Klara A. Nurgaziyeva; Marat Mukhamediyev; Zhamilya Bilisbekova

1. What are the main statutes and regulations relating to employment?

The main statutes relating to employment are the:

  1. Kazakhstan Constitution, which sets out the basic rights relating to employment;

  2. Labour Code, which regulates employment and related matters, social partnerships, safety and protection of labour; and

  3. Normative Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 ‘On Certain Matters of Application of the Legislation while Considering Labour Disputes by the Courts’, dated 6 October 2017.

There are various other laws and normative acts that regulate specific labour-related matters. For example, the Law on Migration regulates aspects of foreign labour, and Government Regulation No. 559 of 27 June 2016 regulates work permits issued to foreign nationals.

A special employment regime is set out for the citizens of the member states of the Eurasian Economic Union in accordance with the International Treaty between Kazakhstan, Belarus and Russia on Eurasian Economic Union, dated 29 May 2014. Also, a special employment regime is applied in the Astana International Financial Centre.

2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated

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