Recap of Key Labour Law Developments in the Republic of Kazakhstan
1. From now on the government labour inspectors are authorised to issue orders directing employers to pay wages to workers.
Subject to the previous version of the Labour Code, labour inspectors could order employers to pay wages to workers but only using such vague wording as “correction of Kazakhstan labour law violations”. The latest amendment explicitly allows labour inspectors to direct employers to pay wages to workers.
When the employer disagrees with such order, they may appeal to a superior government labour inspector or court within ten (10) business days after the receipt of the order.
The order should be delivered for enforcement to the respective office of justice or regional chamber of private bailiffs within three (3) business days after:
- the expiration of the statutory appeal period, if the order has not been fulfilled within the term prescribed by the government labour inspector, provided that the order has not been appealed; or
- the adoption of a decision with regard to the appeal (such decision must be adopted within ten (10) business days after the receipt of the appeal), if the employer appeals to a superior government labour inspector; or
- the effective date of the respective judicial act, if the employer appeals to a court.
A labour inspector’s order may be appealed to a court in the manner prescribed by Chapter 29 of the Kazakhstan Civil Procedure Code (until 1 July 2021 when the Kazakhstan Administrative Procedure Code enters into force).
2. Up to 12 weeks pregnant women and organ or tissue donors have been granted a number of guarantees.
From now on the following categories of workers are guaranteed job-, position- and salary-protected leave:
- up to 12 weeks pregnant women are granted a special leave for a period of their health screening (maximum three (3) business days within a year) and a special leave for getting registered with a medical organisation (at least three (3) business days); and
- organ or tissue donors are granted a special leave for a period of their health examination and their organ or tissue retrieval.
Please note that the aforementioned amendments have already entered into force.