Last Change:
03/21/2026
Labour Code of the Republic of Kazakhstan dated 23 November 2015 No. 414-V
Year: 2015
Type: Domestic law
Rights Category: Work & Workplace rights
Description
The purpose of the Law “Labor Code” is to regulate the rights and obligations of employers and employees, establish conditions and guarantees for a safe, fair, and non-discriminatory working environment under employment contracts, and set out legal mechanisms for protecting workers’ rights in the Republic of Kazakhstan.
Selected provisions
1. To conclude an employment contract, the following documents are required:
1) identity card of a citizen of the Republic of Kazakhstan or passport of a citizen of the
Republic of Kazakhstan (birth certificate for persons under the age of 16).
Repatriates shall submit an ID card of the repatriate issued by the local executive bodies;
2) a residence permit of a foreigner in the Republic of Kazakhstan or the ID card of a
stateless person (for foreigners and stateless persons permanently residing in the territory of
the Republic of Kazakhstan) or an ID card of the refugee;
3) a document on education, a document on the recognition of professional qualifications
(if any), a document on the special knowledge or professional training when concluding an
employment contract for a job requiring appropriate knowledge, skills and abilities;
4) a document confirming the work activity (for persons who have a working experience);
5) a document on preliminary medical examination (for persons who are obliged to
undergo such an examination in accordance with this Code and other normative legal acts of
the Republic of Kazakhstan).
2. To conclude an employment contract in the field of education, upbringing, recreation
and rehabilitation, physical training and sports, medical provision, provision of social services
, culture and art with the participation of minors, the person shall provide a certificate of the
presence or absence of information on commission of a criminal offense: murder, deliberate
harm to health, against health of the population and morals, sexual inviolability, extremist or
terrorist crimes, human trafficking.
3. Upon admission of a person to a civil service position related to the performance of
functions equated to the state, or to work in a quasi-public sector entity, the employer requests
information about the commission of a corruption crime by him through the information
systems of a state body carrying out activities in the field of state legal statistics and special
accounting within its competence, or e-government web portal.
Note!
The second part of paragraph 3 comes into force on 01.01.2027 in accordance with the
Law of the Republic of Kazakhstan dated 03.01.2023 № 188-VII (the text is deleted).
4. To conclude an employment contract on a part-time job with another employer, the
employee presents a certificate of the nature and conditions of work at the main place of work
(place of work, position, working conditions).
5. The list of documents required for conclusion of an employment contract when
attracting foreign employees of a state body is determined in accordance with the procedure
for attracting foreign workers approved by the Government of the Republic of Kazakhstan.
6. The employer shall not be entitled to demand documents not provided for in this Article
, except in cases provided for in regulatory legal acts of the Republic of Kazakhstan.
7. If the employee agrees that the employer keeps original documents or temporarily
leaves them to perform the procedures established by the legislation of the Republic of
Kazakhstan, the employer issues a written obligation to the employee to return the documents
.
Footnote. Article 32 as amended by the Law of the Republic of Kazakhstan dated
04.05.2020 № 321-VІ (shall enter into force upon the expiry of ten calendar days from the
day of the first official publication); dated 13.05.2020 № 327-VI (shall enter into force from
01.01.2021); dated 30.12.2020 № 393-VI (shall enter into force upon the expiry of ten
calendar days from the day of the first official publication); dated 03.01.2023 № 188-VII (see
Article 2 for the procedure for entry into force); dated 04.07.2023 № 15-VIII (effective sixty
calendar days from the date of its first official publication).
Grounds for termination of employment contract are:
1) termination of an employment contract by agreement of the parties;
2) expiry of the term of the employment contract;
3) termination of the employment contract at the initiative of the employer;
4) in connection with the transfer of the employee to another employer;
5) termination of the employment contract at the initiative of the employee;
6) circumstances that do not depend on the will of the parties;
7) refusal of the employee to continue labor relationship;
8) the transfer of the employee to elective work (position) or his appointment to a position
excluding the possibility of continuing labor relations, except for the cases provided for by
laws of the Republic of Kazakhstan;
9) violation of the terms of conclusion of the employment contract.
1. An employment contract may be concluded:
1) for an indefinite period;
2) for a certain period of not less than one year, except for the cases established by
subparagraphs 3), 4), 5) and 6) of this paragraph.
At the expiry of the term of the employment contract, the parties are entitled to extend it
for an indefinite or definite period of not less than one year.
In case of expiry of the employment contract, if none of the parties within the last
working day (shift) notified of the termination of the employment relationship, it shall be
considered extended for the same period for which it was previously concluded, except in
cases provided for in Article 51, paragraph 2 of this Code;
An employment contract concluded for a certain period may be renewed no more than
twice.
With the continuation of labor relations, the employment contract is considered concluded
for an indefinite period;
The provisions of parts four and five of this subparagraph shall not apply to foreign
employees of autonomous educational organizations and their organizations.
3) for the duration of a certain work;
4) for the period of replacement of the temporarily absent employee;
5) for the period of seasonal work;
6) within the time limits established by the legislation of the Republic of Kazakhstan for
permits to attract foreign labor, permits for labor immigrants and certificates of compliance
with qualifications for self-employment issued by local executive bodies in accordance with
the procedure determined by the authorized body on migration issues.
2. Small business entities may enter into employment contracts with employees for a fixed
period without the restriction provided for in subparagraph 2) of paragraph 1 of this article.
3. An employment contract with a foreign employee of a state body is concluded for a
period determined by the head of the state body.
4. An employment contract with the head of the executive body of a legal entity shall be
concluded by the owner of the property of the legal entity or by the person (body) authorized
by him or by an authorized body of the legal entity or by a person authorized by him for a
term and in the order established by laws of the Republic of Kazakhstan, constituent
documents or agreement of the parties.
In the event of the expiration of an employment contract concluded with the head of the
executive body of a legal entity, if none of the parties has notified the termination of the
employment relationship no later than the last working day before the expiration of the
employment contract, the employment contract is extended for a year, unless another
extension period is determined by documents approved by the founders, the owner of the
property of the legal entity or the person (body) authorized by the founders, the owner or the
authorized body of the legal entity.
A notice of termination of employment relations with the head of the executive body of a
legal entity on behalf of the legal entity – employer is signed by the owner of the property of
the legal entity or a person (body) authorized by him or an authorized body of the legal entity
or a person authorized by him.
5. With an employee who has reached the retirement age established by the Social Code
of the Republic of Kazakhstan and has a high professional and qualification level, taking into
account his working capacity, an employment contract may be extended annually without the
restriction provided for in part four of subparagraph 2) of paragraph 1 of this article.
Footnote. Article 30 as amended by the Laws of the Republic of Kazakhstan dated
06.04.2016 № 483-V (shall be enforced upon expiry of ten calendar days after the day of its
first official publication); dated 23.11.2015 № 414-V (shall be enforced from 01.01.2017);
dated 04.05.2020 № 321-VІ (shall enter into force upon the expiry of ten calendar days from
the day of the first official publication); dated 01.07.2021 № 61-VII (shall enter into force
upon the expiry of ten calendar days from the day of the first official publication); dated
30.12.2021 № 95-VII (shall be enforced ten calendar days after the date of its first official
publication); dated 15.02.2023 № 199-VII (shall be enforced sixty calendar days after the
date of its first official publication); dated 20.04.2023 № 226-VII (shall be enforced from
01.07.2023).
The principles of labor legislation of the Republic of Kazakhstan are:
1) impermissibility of restriction of human and civil rights in labor area;
2) freedom of work;
3) prohibition of discrimination in labor area, forced labor and the worst forms of child
labor;
4) ensuring the right to work conditions that meet requirements of safety and hygiene;
5) the priority of life and health of the employee;
6) ensuring the right to remuneration for work which is not lower than the minimum wage
;
7) ensuring the right to rest;
8) equality of rights and opportunities for workers;
9) ensuring the right of employees and employers to unite to protect their rights and
interests;
10) assistance of the state in strengthening and developing social partnership;
11) state regulation of labor safety and protection issues.
Everyone has the right to freely choose work or freely agree to work without any
discrimination or coercion, the right to control his abilities to work, to choose a profession
and occupation.
The minimum monthly salary, duration of daily work (work shift), the main paid annual
leave, are the minimum social standards in the labor area in accordance with the Law of the
Republic of Kazakhstan “On Minimum social standards and their guarantees”.
Foreigners may enter the Republic of Kazakhstan on valid foreign passports or equivalent
documents in the presence of entry visas of the Republic of Kazakhstan, unless otherwise
specified in the agreement of the Republic of Kazakhstan and the concerned party or the
Government of the Republic of Kazakhstan.
Foreigner is prohibited to entry into the Republic of Kazakhstan:
1) in the interests of national security, public safety and public health;
2) if his (her) actions are aimed at forced changing the constitutional order;
3) if he (she) acts against the sovereignty and independence of the Republic of
Kazakhstan, calls for violation of the unity and integrity of its territory;
4) if he (she) incites interethnic, inter-confessional and religious hostility;
5) if it is necessary to protect the rights and legitimate interests of citizens of the Republic
of Kazakhstan and other persons;
6) if the national security bodies of the Republic of Kazakhstan have information about
his involvement in extremist or terrorist activities or involvement in an organization
recognized as extremist or terrorist in the Republic of Kazakhstan;
6-1) if the court recognizes in his actions a recurrence of crimes or a dangerous recurrence
of crimes;
7) if he has not executed an administrative penalty for committing an administrative
offense imposed on him during his previous stay in the Republic of Kazakhstan;
7-1) if he has not executed or served a sentence for committing a criminal offense
assigned to him during his previous stay in the Republic of Kazakhstan;
7-2) if he holds a leading position in an organized group (criminal organization);
7-3) if he has committed a grave or especially grave crime on the territory of the Republic
of Kazakhstan and has been transferred to the state of his nationality in accordance with
international treaties ratified by the Republic of Kazakhstan on the transfer of convicted
persons or the agreement of the Prosecutor General of the Republic of Kazakhstan with the
competent authorities and officials of a foreign state reached on the basis of the principle of
reciprocity;
7) if he (she) did not perform the penalty for a criminal or administrative offence, imposed
on him (her) during a previous stay in the Republic of Kazakhstan;
8) if during a previous stay in the Republic of Kazakhstan he (she) did not submit the
declaration of individual income tax in the case, where the provision of such declarations is
provided by the legislation of the Republic of Kazakhstan;
9) if he (she) has not provided a confirmation on the availability of funds necessary for
stay and departure from the Republic of Kazakhstan, in the manner determined by the
Ministry of Internal Affairs of the Republic of Kazakhstan, except for ethnic Kazakhs,
persons born or previously held citizenship of the Republic of Kazakhstan or the Kazakh
Soviet Socialist Republic, and members of their families;
10) if in the application for entry, he (she) reported false information or did not submit the
required documents within the period, prescribed by the legislation of the Republic of
Kazakhstan;
11) if he (she) has a disease that is a contraindication to enter the Republic of Kazakhstan.
12) if he has previously lost the citizenship of the Republic of Kazakhstan on the grounds
provided for in subparagraph 8) of part one of Article 21 of the Law of the Republic of
Kazakhstan "On Citizenship of the Republic of Kazakhstan";
13) if he was previously deprived of citizenship of the Republic of Kazakhstan on the
grounds provided for in Article 20-1 of the Law of the Republic of Kazakhstan "On
Citizenship of the Republic of Kazakhstan".
14) if he has committed a crime against the sexual integrity of a minor.
The national security bodies have the right not to explain the reason that served as the
basis for refusing approval to foreigners and stateless persons to enter the Republic of
Kazakhstan and certain areas (territories) closed to foreigners.
Foreigners who were previously expelled from the Republic of Kazakhstan, returned by
readmission, are prohibited from entering the Republic of Kazakhstan for five years from the
date of execution of the court decision on expulsion, departure by readmission.
Applications of the host persons for inviting foreigners to the Republic of Kazakhstan
shall not considered if, within twelve consecutive calendar months prior to the submission of
such an application, the host persons were held liable two or more times for untimely
informing the internal affairs bodies of immigrants, staying with them, and for not taking
measures to draw up documents for the right of their stay in the Republic of Kazakhstan and
to ensure departure from the Republic of Kazakhstan upon expiry of a certain period of
stay.The entry visa or other corresponding documents are issued by diplomatic
representatives and consular offices of the Republic of Kazakhstan or in some cases by the
specifically authorized representatives of the Republic of Kazakhstan.
Entry visas or other documents corresponding to them are issued by diplomatic missions
and consular offices of the Republic of Kazakhstan or in some cases by specially authorized
representatives of the Republic of Kazakhstan.
Grounds for issuing visas shall be the invitations of receiving persons or the permission of
the authorized state bodies of the Republic of Kazakhstan, unless otherwise stipulated by the
international treaties of the Republic of Kazakhstan.
Footnote. Article 22 is in the wording of the Law of the Republic of Kazakhstan dated
10.12.2013 № 153-V (shall be enforced upon expiry of ten calendar days after its first official
publication); as amended by the laws of the Republic of Kazakhstan dated 03.11.2014 №244-
V (shall be enforced from 02.01.2015); dated 24.11.2015 № 421-IV (shall be enforced upon
expiry of ten calendar days after its first official publication); dated 22.12.2016 № 28-VI (
shall be enforced upon expiry of ten calendar days after its first official publication); dated
11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official
publication); dated 27.12.2019 № 292-VI (the order of enforcement see Article 2); dated
13.05.2020 № 327-VІ (shall be enforced ten calendar days after the day of its first official
publication); dated 19.04.2023 № 223-VII (shall be enforced upon expiry of ten calendar days
after the day of its first official publication); dated 16.05.2024 № 82-VIII (effective ten
calendar days after the date of its first official publication).
Article 23. Departure from the Republic of Kazakhstan
1. Everyone has equal opportunities in exercising their rights and freedoms in labor area.
No one may be restricted in the rights at work, except for the cases and in the manner
prescribed by this Code and other laws of the Republic of Kazakhstan.
2. No one may be subjected to any discrimination in the exercise of labor rights on the
grounds of origin, social, official and property status, gender, race, nationality, language,
attitude to religion, beliefs, place of residence, age or physical disabilities, membership in
public associations or other circumstances.
3. Differences, exceptions, preferences and restrictions, which, in accordance with the
laws of the Republic of Kazakhstan, are established for the relevant types of work activity or
are caused by the special concern of the state about persons requiring increased social and
legal protection, are not the discrimination.
4. Persons who consider that they have been subjected to discrimination in the labor area
have the right to apply to the court or other instances in the manner established by the laws of
the Republic of Kazakhstan.
Footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated
27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official
publication).
Forced labor is prohibited.
Forced labor means any work or service required from a person under the threat of any
punishment, for which this person did not volunteer his services.
Forced labor is allowed only:
on the basis of a judicial act on finding guilty of committing a criminal or administrative
offense that has entered into legal force, provided that the work will be carried out under the
supervision and control of state bodies and that the person performing it will not be ceded or
placed at the disposal of individuals and (or) legal entities;
in an emergency or martial law.
Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated
05.11.2022 № 157-VII (shall be enforced ten calendar days after the date of its first official
publication).
1. It is not allowed to enter into an employment contract:
1) to perform the work, contraindicative to a person for health reasons on the basis of a
medical opinion;
2) with citizens who have not reached the age of eighteen, for heavy work, the work with
harmful and (or) dangerous working conditions, as well as for positions and works that
provide for the full material responsibility of the employee for failure to ensure the safety of
property and other valuables of the employer, as well as for work that can harm their health
and moral development (gambling, work at night entertainment facilities, production,
transportation and trade of alcoholic beverages, tobacco products, drugs psychotropic
substances and precursors);
3) with citizens who are deprived of the right to hold a certain position or engage in
certain activities in accordance with an effective court verdict;
4) with foreigners and stateless persons temporarily staying in the territory of the
Republic of Kazakhstan, until the employer receives permission from the local executive
body to attract foreign labor, or until a foreign employee receives a certificate of compliance
with qualifications for self-employment or a permit for a labor immigrant issued in
accordance with the procedure determined by the authorized body on migration issues, or
without compliance with restrictions or exemptions established by the laws of the Republic of
Kazakhstan;
5) with foreign students and trainees temporarily staying on the territory of the Republic
of Kazakhstan, who did not submit certificates from the education organization indicating the
form of training or the host organization for vocational training and (or) internship and a
residence permit for the purpose of training;
6) with foreigners and stateless persons temporarily staying in the territory of the
Republic of Kazakhstan:
who have not submitted a permit to enter and stay for the purpose of family reunification
and a document confirming the status of marriage with a citizen of the Republic of
Kazakhstan recognized by the legislation of the Republic of Kazakhstan;
who do not have an imputed medical insurance contract covering primary health care and
specialized medical care in inpatient conditions in an emergency form on the terms
established by the laws of the Republic of Kazakhstan;
7) for performance of work (rendering of services) in the household by one employer - an
individual simultaneously with more than five labor immigrants.
2. Employment is not permitted:
1) to a commercial organization, with the exception of state organizations and
organizations in whose authorized capital the state's share shall be more than fifty percent,
including in national management holdings, national holdings, national companies, national
development institutions, whose shareholder shall be the state, their subsidiaries, more than
fifty percent of voting shares (shares in the authorized capital) owned by them, as well as
legal entities, more than fifty percent of voting shares (interest in the authorized capital) of
which belongs to said subsidiaries, within one year of the termination of his public service, If
in the last year prior to the termination of public service during the performance of state
functions, the certain person, by virtue of his official powers, directly exercised control in the
form of inspections of the activities of the commercial organization or the activities of the
commercial organization have been directly related to the certain person in accordance with
his competence;
Note!
The Constitutional Court of the Republic of Kazakhstan has initiated proceedings to
verify the constitutionality of subparagraph 2) of paragraph 2 of Article 26.
2) the subjects of the quasi-public sector of the person who committed the corruption
crime;
Note!
Paragraph 2 is provided to be supplemented with subparagraph 2-1) in accordance with
the Law of the Republic of Kazakhstan dated 03.01.2023 № 188-VII (effective from
01.01.2027).
3) in the organization in the field of education, upbringing and development, recreation
and rehabilitation, physical culture and sports, medical provision, provision of social services,
culture and art with participation of minors, of the persons who have or have been convicted,
subjected to criminal prosecution (except for persons, the criminal prosecution against whom
was terminated on the basis of subparagraphs 1) and 2) of the part one of Article 35 of the
Criminal Procedure Code of the Republic of Kazakhstan) for criminal violations: murder,
deliberate harm to health, against public health and morality, sexual inviolability, extremist or
terrorist crimes, human trafficking;
4) excluded by the Law of the Republic of Kazakhstan dated 12.10.2021 № 67-VII (shall
enter into force upon the expiry of ten calendar days from the day of the first
officialpublication);
5) for work of part-time employees under eighteen years of age, and employees engaged
in heavy work, work with harmful and (or) dangerous working conditions, with the exception
of medical employees.
Footnote. Article 26 as amended by the Article 204 of the Labour code of the Republic of
Kazakhstan dated 23.11.2015 № 414-V (shall be enforced from 01.01.2017); By the Law of
the Republic of Kazakhstan № 147-VІ dated 16.04.2018 (shall be enforced upon expiry of ten
calendar days after its first official publication); dated 04.05.2020 № 321-VІ (shall enter into
force upon the expiry of ten calendar days from the day of the first official publication); dated
13.05.2020 № 327-VІ (shall enter into force upon the expiry of ten calendar days from the
day of the first official publication); dated 30.12.2020 № 393-VI (shall enter into force upon
the expiry of ten calendar days from the day of the first official publication); dated
12.10.2021 № 67-VII (shall enter into force upon the expiry of ten calendar days from the day
of the first official publication); dated 30.12.2021 № 95-VII (shall be enforced ten calendar
days after the date of its first official publication); dated 19.04.2023 № 223-VII (shall be
enforced ten calendar days after the date of its first official publication).