Amendments and additions to the Labor Code were entered into force

In detail

A number of significant changes and amendments to the Labor Code were introduced as of 15 May 2020:

• a "Labour contracts unified database” is implemented to conclude and monitor labour contracts. All labour contracts have to be in an electronic format and stored in one unified system. Any changes to a labour contract can be made online in the e-document via electronic digital signature (EDS) EDS).
  
• labour authorities must ensure the confidentiality and protection of the employee’s personal data available in the unified database;
  
• the employer must ensure safety and labor protection for all employees during remote work, including safe working conditions;
  
• where there are several subcontractors working on a construction site, the General Contractor is responsible for safety and labour protection on the site;
  
• an employer must notify its insurance company about an accident within three working days from becoming aware of the accident;
  
• art . 50.3 of the Labour code providing for the right of employer to unilaterally terminate a labour contract based on pre agreed compensation is now prohibited;
  
• Employee have right to equal pay for equal work, as well as equal working conditions without any discrimination. Thus, any working condition discrimination is punishable;
  
• a labour contract may be terminated at the employer’s initiative if an employee abuses his position (in his own interest or in the interest of a third party). This requires an internal investigation act by the employer;
  
• if night work coincides with a holiday or a weekend , the night hours and work on holidays/weekends should be paid separately;
  
• if salary is paid late or only partially paid, late payment interest at 1.25 times the official refinancing rate of the National Bank is due;
  
• companies, as well as in branches and representative offices of foreign legal entities can conclude a collective labour agreement;
  
• secondment from a legal entity to its branches, representative offices and (or) other separate structural divisions located in Kazakhstan is introduced;
  
• a list of situations where secondment is not permissible is established;
  
• the employer must save the employee’s workplace in the event of conscription to military service. The employee must resume work within one month after completion of military service.
  

Please follow the link to view the Law: online.zakon.kz

Sign-up: Tax & Legal Alert