New Law stipulating provisions related to temporary workers has been signed in Kazakhstan

In brief

The Law of the Republic of Kazakhstan No.386 VI dated 19 December 2020 (the “New Law”) introduced amendments to the Labour Code, Civil Code, Entrepreneurial Code and other legislative acts. The amendments are related to the services on the provision of temporary workers from an employment agency to a host company.

In details

The concept of the New Law is that temporary workers who sign employment contracts with an employment agency have certain rights and obligations related to health and labour safety when working in a host company.

Therefore, the Labour Code includes provisions such as on non discriminatory remuneration paid to temporary workers; material liability of temporary workers and procedures on investigation of industrial accidents. It also regulates the terms and procedures of outstaffing services, including rights and obligations with respect to labour protection and safety; processes related to HR documentation flow and etc.

Moreover, the Entrepreneurial Code stipulates that the average annual number of employees of a host company shall also include temporary workers. Earlier, only number of permanent employees of a host company was considered.

The respective amendments were also introduced to the Law “On Compulsory Insurance of Employee Against Accidents During Implementation of Labour Duties” and Law “On Employment of Population”.

The New Law came into force on 31 December 2020.

Are you interested in this topic?

• We will be happy to discuss with you the above amendments and how they can impact your business
• We can analyse and implement possible steps to ensure compliance with the new requirements
• We can assist you with the development of tailored HR documents
• We can prepare a template of an outstaffing services agreement.

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