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> GOVERNANCE - home > Employment protection legislation database - EPLex > Kazakhstan

Kazakhstan - Substantive requirements for dismissals


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 53 of the Labour Code


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Art. 52 of the Labour Code states that:

    An employment contract with an employee on the initiative of the employer may be terminated in the following cases:
    1) liquidation of a legal entity employer or termination of the activities of an individual employer;
    2) reduction in staff numbers or positions;
    3) decrease in the volume of production, work performed and services provided, which led to worsening of the economic state of the employer;
    4) unfitness of the employee for the position held or work performed as a consequence of inadequate qualifications;
    5) unfitness of the employee for the position held or work performed as a consequence of health reasons hampering continued performance of the given work;
    6) repeated failure to verify the knowledge on safety and health or industrial safety issues by the employee responsible for ensuring the safety and health of the work of the organization carrying out production activities
    7) a negative result of work performed during a probationary period;
    8) absence of the employee from work without good reason for a period of three or more hours in a row during a single working day (work shift);
    9) presence of the employee at work under the influence of alcohol, narcotics or toxic substances (or their analogues), including in cases of consumption during the working day of intoxicating substances (or their analogues);
    10) refusal to undergo a medical examination to establish the fact of using substances causing a state of alcohol, narcotic, toxicomaniac intoxication, confirmed by the relevant act
    11) violation by the employee of the rules for labour safety or fire safety or traffic safety entailing or capable of entailing serious consequences, including injuries and accidents;
    12) theft (including minor theft) by the employee in the work place of other people’s property, its deliberate destruction or damage, as established by a sentence or court ruling that has come into legal effect;
    13) culpable actions or inaction on the part of an employee dealing with money or goods if these actions or inaction provide grounds for the employer to loose his trust in him;
    14) an immoral act carried out by an employee fulfilling educational functions that is incompatible with continued performance of the given work;
    15) divulgence by the employee of information constituting state secrets or other secrets protected by law that he acquired in connection with performance of his job duties;
    16) repeat failure by the employee to fulfil or duly fulfil his job duties, without good reason, provided a disciplinary sanction has been imposed thereon;
    17) knowing provision by the employee to the employer of false documents or information on conclusion of the employment contract, if the genuine documents or information might constitute grounds for refusal to conclude the employment contract;
    18) violation by the head of the employer’s executive body, his deputy or heads of subdivisions of the employer of their job duties resulting in material damage to the employer;
    19) termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
    20) absence of the employee from work for over two months in a row as a consequence of temporary disability, with the exception of cases when the employee is on maternity leave or if the relevant disease is included on the list of illnesses for which a longer term of disability is established, approved by the Government of the Republic of Kazakhstan.
    For an employee disabled in connection with an industrial accident or occupational disease, his job (position) is retained until his working capacity is restored or disability established;
    21) a corruption-related crime committed by the employee and excluding, in accordance with a judicial act, the possibility of his continued work.
    22) continuation of the employee's participation in the strike after bringing to their attention the court's decision to recognize the strike as illegal or to suspend the strike;
    23) termination of authority of the head of the executive body, members of the collegial executive body of the legal persons, as well as in accordance with the Law of the Republic of Kazakhstan "On Joint-Stock Companies" employees of the internal audit service and the corporate sector by decision of the owner of the property of the legal entity or authorized by the owner of the legal persons;
    24) the employee's achievement of the retirement age established by clause 1 of Article 11 of the Law of the Republic of Kazakhstan "On Pensions in the Republic of Kazakhstan", with the right of annual extension of the term of the employment contract by mutual agreement of the parties;
    25) employees absence from work for more than one month, for reasons unknown to the employer.


Prohibited grounds: pregnancy; maternity leave; family responsibilities; temporary work injury or illness; race; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; language; property; gender identity; place of residence
Remarks:
  • Art. 52 of the Labour Code on the grounds for termination of employment
    Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother
    Art. 6 of the Labour Code on prohibition of discrimination
    Art. 175 of the Labour Code on the right to strike



Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; workers with disabilities
Remarks:
  • Art. 52 of the Labour Code on the grounds for termination of employment
    Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother-
    Art. 6 of the Labour Code on prohibition of discrimination
    Art. 175 of the Labour Code on the right to strike


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 53 of the Labour Code


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Art. 52 of the Labour Code states that:

    An employment contract with an employee on the initiative of the employer may be terminated in the following cases:
    1) liquidation of a legal entity employer or termination of the activities of an individual employer;
    2) reduction in staff numbers or positions;
    3) decrease in the volume of production, work performed and services provided, which led to worsening of the economic state of the employer;
    4) unfitness of the employee for the position held or work performed as a consequence of inadequate qualifications;
    5) unfitness of the employee for the position held or work performed as a consequence of health reasons hampering continued performance of the given work;
    6) repeated failure to verify the knowledge on safety and health or industrial safety issues by the employee responsible for ensuring the safety and health of the work of the organization carrying out production activities
    7) a negative result of work performed during a probationary period;
    8) absence of the employee from work without good reason for a period of three or more hours in a row during a single working day (work shift);
    9) presence of the employee at work under the influence of alcohol, narcotics or toxic substances (or their analogues), including in cases of consumption during the working day of intoxicating substances (or their analogues);
    10) refusal to undergo a medical examination to establish the fact of using substances causing a state of alcohol, narcotic, toxicomaniac intoxication, confirmed by the relevant act
    11) violation by the employee of the rules for labour safety or fire safety or traffic safety entailing or capable of entailing serious consequences, including injuries and accidents;
    12) theft (including minor theft) by the employee in the work place of other people’s property, its deliberate destruction or damage, as established by a sentence or court ruling that has come into legal effect;
    13) culpable actions or inaction on the part of an employee dealing with money or goods if these actions or inaction provide grounds for the employer to loose his trust in him;
    14) an immoral act carried out by an employee fulfilling educational functions that is incompatible with continued performance of the given work;
    15) divulgence by the employee of information constituting state secrets or other secrets protected by law that he acquired in connection with performance of his job duties;
    16) repeat failure by the employee to fulfil or duly fulfil his job duties, without good reason, provided a disciplinary sanction has been imposed thereon;
    17) knowing provision by the employee to the employer of false documents or information on conclusion of the employment contract, if the genuine documents or information might constitute grounds for refusal to conclude the employment contract;
    18) violation by the head of the employer’s executive body, his deputy or heads of subdivisions of the employer of their job duties resulting in material damage to the employer;
    19) termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
    20) absence of the employee from work for over two months in a row as a consequence of temporary disability, with the exception of cases when the employee is on maternity leave or if the relevant disease is included on the list of illnesses for which a longer term of disability is established, approved by the Government of the Republic of Kazakhstan.
    For an employee disabled in connection with an industrial accident or occupational disease, his job (position) is retained until his working capacity is restored or disability established;
    21) a corruption-related crime committed by the employee and excluding, in accordance with a judicial act, the possibility of his continued work.
    22) continuation of the employee's participation in the strike after bringing to their attention the court's decision to recognize the strike as illegal or to suspend the strike;
    23) termination of authority of the head of the executive body, members of the collegial executive body of the legal persons, as well as in accordance with the Law of the Republic of Kazakhstan "On Joint-Stock Companies" employees of the internal audit service and the corporate sector by decision of the owner of the property of the legal entity or authorized by the owner of the legal persons;
    24) the employee's achievement of the retirement age established by clause 1 of Article 11 of the Law of the Republic of Kazakhstan "On Pensions in the Republic of Kazakhstan", with the right of annual extension of the term of the employment contract by mutual agreement of the parties;
    25) employees absence from work for more than one month, for reasons unknown to the employer.


Prohibited grounds: pregnancy; maternity leave; family responsibilities; temporary work injury or illness; race; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; language; property; gender identity; place of residence
Remarks:
  • Art. 52 of the Labour Code on the grounds for termination of employment
    Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother
    Art. 6 of the Labour Code on prohibition of discrimination
    Art. 175 of the Labour Code on the right to strike



Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; workers with disabilities
Remarks:
  • Art. 52 of the Labour Code on the grounds for termination of employment
    Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother-
    Art. 6 of the Labour Code on prohibition of discrimination
    Art. 175 of the Labour Code on the right to strike


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 53 of the Labour Code


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Art. 53 of the Labour Code states that:
    An employment contract with an employee on the initiative of the employer may be terminated in the following cases:
    1) liquidation of a legal entity employer or termination of the activities of an individual employer;
    2) reduction in staff numbers or positions;
    3) decrease in the volume of production, work performed and services provided, which led to worsening of the economic state of the employer;
    4) unfitness of the employee for the position held or work performed as a consequence of inadequate qualifications; 5) unfitness of the employee for the position held or work performed as a consequence of health reasons hampering continued performance of the given work;
    6) repeated failure to verify the knowledge on safety and health or industrial safety issues by the employee responsible for ensuring the safety and health of the work of the organization carrying out production actvitiesi
    7) a negative result of work performed during a probationary period;
    8) absence of the employee from work without good reason for a period of three or more hours in a row during a single working day (work shift);
    9) presence of the employee at work under the influence of alcohol, narcotics or toxic substances (or their analogues), including in cases of consumption during the working day of intoxicating substances (or their analogues);
    10) refusal to undergo a medical examination to establish the fact of using substances causing a state of alcohol, narcotic, toxicomaniac intoxication, confirmed by the relevant act
    10) violation by the employee of the rules for labour safety or fire safety or traffic safety entailing or capable of entailing serious consequences, including injuries and accidents;
    11) theft (including minor theft) by the employee in the work place of other people’s property, its deliberate destruction or damage, as established by a sentence or court ruling that has come into legal effect;
    12) culpable actions or inaction on the part of an employee dealing with money or goods if these actions or inaction provide grounds for the employer to loose his trust in him;
    13) an immoral act carried out by an employee fulfilling educational functions that is incompatible with continued performance of the given work;
    14) divulgence by the employee of information constituting state secrets or other secrets protected by law that he acquired in connection with performance of his job duties;
    15) repeat failure by the employee to fulfil or duly fulfil his job duties, without good reason, provided a disciplinary sanction has been imposed thereon;
    16) termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
    17) knowing provision by the employee to the employer of false documents or information on conclusion of the employment contract, if the genuine documents or information might constitute grounds for refusal to conclude the employment contract;
    18) violation by the head of the employer’s executive body, his deputy or heads of subdivisions of the employer of their job duties resulting in material damage to the employer;
    19) absence of the employee from work for over two months in a row as a consequence of temporary disability, with the exception of cases when the employee is on maternity leave or if the relevant disease is included on the list of illnesses for which a longer term of disability is established, approved by the Government of the Republic of Kazakhstan.
    For an employee disabled in connection with an industrial accident or occupational disease, his job (position) is retained until his working capacity is restored or disability established;
    20) a corruption-related crime committed by the employee and excluding, in accordance with a judicial act, the possibility of his continued work.
    21) continuation of the employee's participation in the strike after bringing to their attention the court's decision to recognize the strike as illegal or to suspend the strike;
    22) the employee's achievement of the retirement age established by clause 1 of Article 11 of the Law of the Republic of Kazakhstan "On Pensions in the Republic of Kazakhstan", with the right of annual extension of the term of the employment contract by mutual agreement of the parties;
    23) employees absence from work for more than one month, for reasons unknown to the employer.


Prohibited grounds: pregnancy; maternity leave; family responsibilities; temporary work injury or illness; race; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; language; property; gender identity; place of residence
Remarks:
  • Art. 53 of the Labour Code on the grounds for termination of employment
    Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother
    Art. 6 of the Labour Code on prohibition of discrimination
    Art. 175 of the Labour Code on the right to strike



Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; workers with disabilities
Remarks:
  • Art. 53 of the Labour Code on the grounds for termination of employment
    Art. 54 of the Labour Code prohibits the termination in the cases of temporary incapacity for work, pregnancy, women with children under the age of three, single mothers with a child under the age of fourteen or a disabled child up to the age of eighteen, other persons raising this category of children without a mother-
    Art. 6 of the Labour Code on prohibition of discrimination
    Art. 175 of the Labour Code on the right to strike


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 56 of the Labour Code


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Remarks: Art. 54 of the Labour Code states that:
    An employment contract with an employee on the initiative of the employer may be terminated in the following cases:
    1) liquidation of a legal entity employer or termination of the activities of an individual employer;
    2) reduction in staff numbers or positions;
    3) unfitness of the employee for the position held or work performed as a consequence of inadequate qualifications;
    4) unfitness of the employee for the position held or work performed as a consequence of health reasons hampering continued performance of the given work;
    5) a negative result of work performed during a probationary period;
    6) absence of the employee from work without good reason for a period of three or more hours in a row during a single working day (work shift);
    7) presence at work under the influence of alcohol, narcotics or toxic substances (or their analogues), including in cases of consumption during the working day of intoxicating substances (or their analogues);
    8) violation of the rules for labour safety or fire safety or traffic safety entailing or capable of entailing serious consequences, including injuries and accidents;
    9) theft (including minor theft) in the work place of other people’s property, its deliberate destruction or damage, as established by a sentence or court ruling that has come into legal effect;
    10) culpable actions or inaction on the part of an employee dealing with money or goods if these actions or inaction provide grounds for the employer to loose the trust;
    11) an immoral act carried out by an employee fulfilling educational functions that is incompatible with continued performance of the given work;
    12) divulgence by the employee of information constituting state secrets or other secrets protected by law that he acquired in connection with performance of his job duties;
    13) repeat failure by the employee to fulfil or duly fulfil his job duties, without good reason, provided a disciplinary sanction has been imposed thereon;
    14) termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
    15) submitting of the false documents or information on conclusion of the employment contract, if the genuine documents or information might constitute grounds for refusal to conclude the employment contract;
    16) violation by the head of the employer’s executive body, his deputy or heads of subdivisions resulting in material damage to the employer;
    17) absence of the employee from work for over two months in a row as a consequence of temporary disability, with the exception of cases when the employee is on maternity leave or if the relevant disease is included on the list of illnesses for which a longer term of disability is established, approved by the Government of the Republic of Kazakhstan.
    For an employee disabled in connection with an industrial accident or occupational disease, their job (position) is retained until their working capacity is restored or disability established;
    18) a corruption-related crime committed by the employee and excluding, in accordance with a judicial act, the possibility of their continued work.
    2. For individual categories of employees, this Code envisaged additional grounds for cancellation of employment contracts on the initiative of the employer.


Prohibited grounds: pregnancy; maternity leave; family responsibilities; temporary work injury or illness; race; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; language; property; gender identity; place of residence
Remarks:
  • Art. 54 of the Labour Code on the grounds for termination of employment
    Art. 55 of the Labour Code prohibits the termination in the cases of temporary incapacity for work
    Art. 7 of the Labour Code on prohibition of discrimination
    Art. 185 of the Labour Code on workers with family responsibilities


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; workers with disabilities
Remarks:
  • Art. 56.2 of the Labour Code on the special procedure in the case of termination of employment to the workers’ representatives – their dismissal is only possible following the opinion of elected trade union body.
    Art. 54 of the Labour Code on the grounds for termination of employment
    Art. 55 of the Labour Code prohibits the termination in the cases of temporary incapacity for work
    Art. 7 of the Labour Code on prohibition of discrimination
    Art. 185 of the Labour Code on workers with family responsibilities


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 56 of the Labour Code


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Remarks: Art. 54 of the Labour Code states that:
    An employment contract with an employee on the initiative of the employer may be terminated in the following cases:
    1) liquidation of a legal entity employer or termination of the activities of an individual employer;
    2) reduction in staff numbers or positions;
    3) unfitness of the employee for the position held or work performed as a consequence of inadequate qualifications;
    4) unfitness of the employee for the position held or work performed as a consequence of health reasons hampering continued performance of the given work;
    5) a negative result of work performed during a probationary period;
    6) absence of the employee from work without good reason for a period of three or more hours in a row during a single working day (work shift);
    7) presence at work under the influence of alcohol, narcotics or toxic substances (or their analogues), including in cases of consumption during the working day of intoxicating substances (or their analogues);
    8) violation of the rules for labour safety or fire safety or traffic safety entailing or capable of entailing serious consequences, including injuries and accidents;
    9) theft (including minor theft) in the work place of other people’s property, its deliberate destruction or damage, as established by a sentence or court ruling that has come into legal effect;
    10) culpable actions or inaction on the part of an employee dealing with money or goods if these actions or inaction provide grounds for the employer to loose the trust;
    11) an immoral act carried out by an employee fulfilling educational functions that is incompatible with continued performance of the given work;
    12) divulgence by the employee of information constituting state secrets or other secrets protected by law that he acquired in connection with performance of his job duties;
    13) repeat failure by the employee to fulfil or duly fulfil his job duties, without good reason, provided a disciplinary sanction has been imposed thereon;
    14) termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
    15) submitting of the false documents or information on conclusion of the employment contract, if the genuine documents or information might constitute grounds for refusal to conclude the employment contract;
    16) violation by the head of the employer’s executive body, his deputy or heads of subdivisions resulting in material damage to the employer;
    17) absence of the employee from work for over two months in a row as a consequence of temporary disability, with the exception of cases when the employee is on maternity leave or if the relevant disease is included on the list of illnesses for which a longer term of disability is established, approved by the Government of the Republic of Kazakhstan.
    For an employee disabled in connection with an industrial accident or occupational disease, their job (position) is retained until their working capacity is restored or disability established;
    18) a corruption-related crime committed by the employee and excluding, in accordance with a judicial act, the possibility of their continued work.
    2. For individual categories of employees, this Code envisaged additional grounds for cancellation of employment contracts on the initiative of the employer.


Prohibited grounds: pregnancy; maternity leave; family responsibilities; temporary work injury or illness; race; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; language; property; gender identity; place of residence
Remarks:
  • Art. 54 of the Labour Code on the grounds for termination of employment
    Art. 55 of the Labour Code prohibits the termination in the cases of temporary incapacity for work
    Art. 7 of the Labour Code on prohibition of discrimination
    Art. 185 of the Labour Code on workers with family responsibilities


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; workers with disabilities
Remarks:
  • Art. 56.2 of the Labour Code on the special procedure in the case of termination of employment to the workers’ representatives – their dismissal is only possible following the opinion of elected trade union body.
    Art. 54 of the Labour Code on the grounds for termination of employment
    Art. 55 of the Labour Code prohibits the termination in the cases of temporary incapacity for work
    Art. 7 of the Labour Code on prohibition of discrimination
    Art. 185 of the Labour Code on workers with family responsibilities


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 56 of the Labour Code


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Remarks: Art. 54 of the Labour Code states that:
    An employment contract with an employee on the initiative of the employer may be terminated in the following cases:
    1) liquidation of a legal entity employer or termination of the activities of an individual employer;
    2) reduction in staff numbers or positions;
    3) unfitness of the employee for the position held or work performed as a consequence of inadequate qualifications;
    4) unfitness of the employee for the position held or work performed as a consequence of health reasons hampering continued performance of the given work;
    5) a negative result of work performed during a probationary period;
    6) absence of the employee from work without good reason for a period of three or more hours in a row during a single working day (work shift);
    7) presence at work under the influence of alcohol, narcotics or toxic substances (or their analogues), including in cases of consumption during the working day of intoxicating substances (or their analogues);
    8) violation of the rules for labour safety or fire safety or traffic safety entailing or capable of entailing serious consequences, including injuries and accidents;
    9) theft (including minor theft) in the work place of other people’s property, its deliberate destruction or damage, as established by a sentence or court ruling that has come into legal effect;
    10) culpable actions or inaction on the part of an employee dealing with money or goods if these actions or inaction provide grounds for the employer to loose the trust;
    11) an immoral act carried out by an employee fulfilling educational functions that is incompatible with continued performance of the given work;
    12) divulgence by the employee of information constituting state secrets or other secrets protected by law that he acquired in connection with performance of his job duties;
    13) repeat failure by the employee to fulfil or duly fulfil his job duties, without good reason, provided a disciplinary sanction has been imposed thereon;
    14) termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
    15) submitting of the false documents or information on conclusion of the employment contract, if the genuine documents or information might constitute grounds for refusal to conclude the employment contract;
    16) violation by the head of the employer’s executive body, his deputy or heads of subdivisions resulting in material damage to the employer;
    17) absence of the employee from work for over two months in a row as a consequence of temporary disability, with the exception of cases when the employee is on maternity leave or if the relevant disease is included on the list of illnesses for which a longer term of disability is established, approved by the Government of the Republic of Kazakhstan.
    For an employee disabled in connection with an industrial accident or occupational disease, their job (position) is retained until their working capacity is restored or disability established;
    18) a corruption-related crime committed by the employee and excluding, in accordance with a judicial act, the possibility of their continued work.
    2. For individual categories of employees, this Code envisaged additional grounds for cancellation of employment contracts on the initiative of the employer.


Prohibited grounds: pregnancy; maternity leave; family responsibilities; temporary work injury or illness; race; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; language; property; gender identity; place of residence
Remarks:
  • Art. 54 of the Labour Code on the grounds for termination of employment
    Art. 55 of the Labour Code prohibits the termination in the cases of temporary incapacity for work
    Art. 7 of the Labour Code on prohibition of discrimination
    Art. 185 of the Labour Code on workers with family responsibilities


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; workers with disabilities
Remarks:
  • Art. 56.2 of the Labour Code on the special procedure in the case of termination of employment to the workers’ representatives – their dismissal is only possible following the opinion of elected trade union body.
    Art. 54 of the Labour Code on the grounds for termination of employment
    Art. 55 of the Labour Code prohibits the termination in the cases of temporary incapacity for work
    Art. 7 of the Labour Code on prohibition of discrimination
    Art. 185 of the Labour Code on workers with family responsibilities


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 56 of the Labour Code


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Remarks: Art. 54 of the Labour Code states that:
    An employment contract with an employee on the initiative of the employer may be terminated in the following cases:
    1) liquidation of a legal entity employer or termination of the activities of an individual employer;
    2) reduction in staff numbers or positions;
    3) unfitness of the employee for the position held or work performed as a consequence of inadequate qualifications;
    4) unfitness of the employee for the position held or work performed as a consequence of health reasons hampering continued performance of the given work;
    5) a negative result of work performed during a probationary period;
    6) absence of the employee from work without good reason for a period of three or more hours in a row during a single working day (work shift);
    7) presence at work under the influence of alcohol, narcotics or toxic substances (or their analogues), including in cases of consumption during the working day of intoxicating substances (or their analogues);
    8) violation of the rules for labour safety or fire safety or traffic safety entailing or capable of entailing serious consequences, including injuries and accidents;
    9) theft (including minor theft) in the work place of other people’s property, its deliberate destruction or damage, as established by a sentence or court ruling that has come into legal effect;
    10) culpable actions or inaction on the part of an employee dealing with money or goods if these actions or inaction provide grounds for the employer to loose the trust;
    11) an immoral act carried out by an employee fulfilling educational functions that is incompatible with continued performance of the given work;
    12) divulgence by the employee of information constituting state secrets or other secrets protected by law that he acquired in connection with performance of his job duties;
    13) repeat failure by the employee to fulfil or duly fulfil his job duties, without good reason, provided a disciplinary sanction has been imposed thereon;
    14) termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
    15) submitting of the false documents or information on conclusion of the employment contract, if the genuine documents or information might constitute grounds for refusal to conclude the employment contract;
    16) violation by the head of the employer’s executive body, his deputy or heads of subdivisions resulting in material damage to the employer;
    17) absence of the employee from work for over two months in a row as a consequence of temporary disability, with the exception of cases when the employee is on maternity leave or if the relevant disease is included on the list of illnesses for which a longer term of disability is established, approved by the Government of the Republic of Kazakhstan.
    For an employee disabled in connection with an industrial accident or occupational disease, their job (position) is retained until their working capacity is restored or disability established;
    18) a corruption-related crime committed by the employee and excluding, in accordance with a judicial act, the possibility of their continued work.
    2. For individual categories of employees, this Code envisaged additional grounds for cancellation of employment contracts on the initiative of the employer.


Prohibited grounds: pregnancy; maternity leave; family responsibilities; temporary work injury or illness; race; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; language; property; gender identity; place of residence
Remarks:
  • Art. 54 of the Labour Code on the grounds for termination of employment
    Art. 55 of the Labour Code prohibits the termination in the cases of temporary incapacity for work
    Art. 7 of the Labour Code on prohibition of discrimination
    Art. 185 of the Labour Code on workers with family responsibilities


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; workers with disabilities
Remarks:
  • Art. 56.2 of the Labour Code on the special procedure in the case of termination of employment to the workers’ representatives – their dismissal is only possible following the opinion of elected trade union body.
    Art. 54 of the Labour Code on the grounds for termination of employment
    Art. 55 of the Labour Code prohibits the termination in the cases of temporary incapacity for work
    Art. 7 of the Labour Code on prohibition of discrimination
    Art. 185 of the Labour Code on workers with family responsibilities


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 56 of the Labour Code


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Remarks: Art. 54 of the Labour Code states that:
    An employment contract with an employee on the initiative of the employer may be terminated in the following cases:
    1) liquidation of a legal entity employer or termination of the activities of an individual employer;
    2) reduction in staff numbers or positions;
    3) unfitness of the employee for the position held or work performed as a consequence of inadequate qualifications;
    4) unfitness of the employee for the position held or work performed as a consequence of health reasons hampering continued performance of the given work;
    5) a negative result of work performed during a probationary period;
    6) absence of the employee from work without good reason for a period of three or more hours in a row during a single working day (work shift);
    7) presence at work under the influence of alcohol, narcotics or toxic substances (or their analogues), including in cases of consumption during the working day of intoxicating substances (or their analogues);
    8) violation of the rules for labour safety or fire safety or traffic safety entailing or capable of entailing serious consequences, including injuries and accidents;
    9) theft (including minor theft) in the work place of other people’s property, its deliberate destruction or damage, as established by a sentence or court ruling that has come into legal effect;
    10) culpable actions or inaction on the part of an employee dealing with money or goods if these actions or inaction provide grounds for the employer to loose the trust;
    11) an immoral act carried out by an employee fulfilling educational functions that is incompatible with continued performance of the given work;
    12) divulgence by the employee of information constituting state secrets or other secrets protected by law that he acquired in connection with performance of his job duties;
    13) repeat failure by the employee to fulfil or duly fulfil his job duties, without good reason, provided a disciplinary sanction has been imposed thereon;
    14) termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
    15) submitting of the false documents or information on conclusion of the employment contract, if the genuine documents or information might constitute grounds for refusal to conclude the employment contract;
    16) violation by the head of the employer’s executive body, his deputy or heads of subdivisions resulting in material damage to the employer;
    17) absence of the employee from work for over two months in a row as a consequence of temporary disability, with the exception of cases when the employee is on maternity leave or if the relevant disease is included on the list of illnesses for which a longer term of disability is established, approved by the Government of the Republic of Kazakhstan.
    For an employee disabled in connection with an industrial accident or occupational disease, their job (position) is retained until their working capacity is restored or disability established;
    18) a corruption-related crime committed by the employee and excluding, in accordance with a judicial act, the possibility of their continued work.
    2. For individual categories of employees, this Code envisaged additional grounds for cancellation of employment contracts on the initiative of the employer.


Prohibited grounds: pregnancy; maternity leave; family responsibilities; temporary work injury or illness; race; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; language; property; gender identity; place of residence
Remarks:
  • Art. 54 of the Labour Code on the grounds for termination of employment
    Art. 55 of the Labour Code prohibits the termination in the cases of temporary incapacity for work
    Art. 7 of the Labour Code on prohibition of discrimination
    Art. 185 of the Labour Code on workers with family responsibilities


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; workers with disabilities
Remarks:
  • Art. 56.2 of the Labour Code on the special procedure in the case of termination of employment to the workers’ representatives – their dismissal is only possible following the opinion of elected trade union body.
    Art. 54 of the Labour Code on the grounds for termination of employment
    Art. 55 of the Labour Code prohibits the termination in the cases of temporary incapacity for work
    Art. 7 of the Labour Code on prohibition of discrimination
    Art. 185 of the Labour Code on workers with family responsibilities


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 56 of the Labour Code


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Remarks: Art. 54 of the Labour Code states that:
    An employment contract with an employee on the initiative of the employer may be terminated in the following cases:
    1) liquidation of a legal entity employer or termination of the activities of an individual employer;
    2) reduction in staff numbers or positions;
    3) unfitness of the employee for the position held or work performed as a consequence of inadequate qualifications;
    4) unfitness of the employee for the position held or work performed as a consequence of health reasons hampering continued performance of the given work;
    5) a negative result of work performed during a probationary period;
    6) absence of the employee from work without good reason for a period of three or more hours in a row during a single working day (work shift);
    7) presence at work under the influence of alcohol, narcotics or toxic substances (or their analogues), including in cases of consumption during the working day of intoxicating substances (or their analogues);
    8) violation of the rules for labour safety or fire safety or traffic safety entailing or capable of entailing serious consequences, including injuries and accidents;
    9) theft (including minor theft) in the work place of other people’s property, its deliberate destruction or damage, as established by a sentence or court ruling that has come into legal effect;
    10) culpable actions or inaction on the part of an employee dealing with money or goods if these actions or inaction provide grounds for the employer to loose the trust;
    11) an immoral act carried out by an employee fulfilling educational functions that is incompatible with continued performance of the given work;
    12) divulgence by the employee of information constituting state secrets or other secrets protected by law that he acquired in connection with performance of his job duties;
    13) repeat failure by the employee to fulfil or duly fulfil his job duties, without good reason, provided a disciplinary sanction has been imposed thereon;
    14) termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
    15) submitting of the false documents or information on conclusion of the employment contract, if the genuine documents or information might constitute grounds for refusal to conclude the employment contract;
    16) violation by the head of the employer’s executive body, his deputy or heads of subdivisions resulting in material damage to the employer;
    17) absence of the employee from work for over two months in a row as a consequence of temporary disability, with the exception of cases when the employee is on maternity leave or if the relevant disease is included on the list of illnesses for which a longer term of disability is established, approved by the Government of the Republic of Kazakhstan.
    For an employee disabled in connection with an industrial accident or occupational disease, their job (position) is retained until their working capacity is restored or disability established;
    18) a corruption-related crime committed by the employee and excluding, in accordance with a judicial act, the possibility of their continued work.
    2. For individual categories of employees, this Code envisaged additional grounds for cancellation of employment contracts on the initiative of the employer.


Prohibited grounds: pregnancy; maternity leave; family responsibilities; temporary work injury or illness; race; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; language; property; gender identity; place of residence
Remarks:
  • Art. 54 of the Labour Code on the grounds for termination of employment
    Art. 55 of the Labour Code prohibits the termination in the cases of temporary incapacity for work
    Art. 7 of the Labour Code on prohibition of discrimination
    Art. 185 of the Labour Code on workers with family responsibilities


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; workers with disabilities
Remarks:
  • Art. 56.2 of the Labour Code on the special procedure in the case of termination of employment to the workers’ representatives – their dismissal is only possible following the opinion of elected trade union body.
    Art. 54 of the Labour Code on the grounds for termination of employment
    Art. 55 of the Labour Code prohibits the termination in the cases of temporary incapacity for work
    Art. 7 of the Labour Code on prohibition of discrimination
    Art. 185 of the Labour Code on workers with family responsibilities