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Kazakhstan - Working time - 2009


LAST UPDATE

23 July 2009

SOURCES


Name of Act

Labour Code,
No. 251 of 15 May 2007, Kazakhstanskaia Pravda, 2007-05-22, No. 76, 95 p.
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LEGAL DEFINITIONS


Working time/working hours

Time during which the worker in compliance with the employer’s instruments and terms of the individual contract of employment performs his labour duties.
Labour Code §1

Employee/worker

An individual maintaining labour relations with the employer and directly performing work under an employment contract.
Labour Code §1

Employer

An individual or legal entity with which the employee maintains labour relations.
Labour Code §1

Overtime/overtime work

The work in excess of the hours specified in the contract of employment.
Labour Code §1

Night work(er)

Night work is work in the period between 22.00 and 6.00.
Labour Code §83(1)

Flexitime

Working time during which the worker has the right to carry out labour duties at own discretion.
Labour Code §81(2)

NORMAL HOURS LIMITS


Daily hours limit


General limit

5 day workweek:
8 hours (40 hour week)
7 hours 12 minutes (36 hour week)
5 hours (24 hour week)

6 day workweek:
7 hours (40 hour week)
6 hours (36 hour week)
4 hours (24 hour week)
Labour Code §78(1)
Historical data (year indicates year of data collection)
  • 2007: 5 day workweek: 8 hours (40 hour week) 7 hours 12 minutes (36 hour week) 5 hours (24 hour week) 6 day workweek: 7 hours (40 hour week) 6 hours (36 hour week) 4 hours (24 hour week)

Exceptions

Employment contracts and collective bargaining agreements may envisage a shorter working time with payment as for normal duration working time.
Labour Code §77(2)

Special categories


» Domestic work

The daily hour limits also apply to domestic staff.
Labour Code §215

» Disabled workers

7 hours
Labour Code §224(2)

Weekly hours limit


General limit

40 hours
Labour Code §77
Historical data (year indicates year of data collection)
  • 2007: 40 hours

Exceptions

Not more than 36 hours of work for the workers engaged in heavy manual work and work with harmful conditions of labour (labour conditions under which the effect of certain production factors causes reduction of the worker’s ability to work or health, or has a negative influence upon his posterity.)

HOURS AVERAGING
Working time is summed in continuously operating production units, workshops and sectors and certain types of work where, by virtue of the production (working) conditions, the duration of the working day or working week set for the given category of employees cannot be observed. Normal working time has to be averaged over a period of at most 1 year. The observance of the daily rest period is mandatory.
Labour Code §1, 86, 202

Special categories


» Young workers

Reduced working time is established for employees under the age of eighteen years:
1) for employees from the age of fourteen up to the age of sixteen years – not more than 24 hours a week;
2) for employees from the age of sixteen up to the age of eighteen years – not more than 36 hours a week;
3) for students of educational institutions combining study and work during the academic year and aged
from fourteen to sixteen years – 2.5 hours a day; aged from sixteen to eighteen years – 3.5 hours a day.
Labour Code §181

» Domestic work

The weekly working time limit also applies to domestic staff.
Labour Code §215

OVERTIME WORK


Criteria for overtime


General

Mandatory overtime (without the consent of the worker) is allowed only in exceptional cases:

1) in performance of works necessary for the defense of the country as well as for preventing emergency situations or acts of natural calamities, industrial accidents or immediate control of their consequences;
2) in performance of works of public necessity pertaining to water, gas and heat supply systems, systems of lighting, sewerage, transport, communication so as to remove any accidental or unexpected circumstances interfering with their proper functioning;
3) for continuation of the work in case of the absence of the relief worker where the work cannot be interrupted.
Labour Code §90

Worker`s influence

If no exceptional case for mandatory overtime applies, workers may be engaged to do overtime work only with their written consent.
Labour Code §88(2)

Limits on overtime hours


General limits

2 hours per day, up to a maximum of 120 hours per year.
Labour Code §89
Historical data (year indicates year of data collection)
  • 2007: The overtime work should not exceed two hours of work for every worker (one hour for those engaged in heavy manual work and that with harmful and/or dangerous conditions of labour) in one calendar day.The general duration of overtime works should not exceed 12 hours per month and 120 hours per year.

Restrictions/exceptions

1hour of heavy work or work under harmful (particularly harmful) or hazardous working conditions.
Labour Code §89

Compensation for overtime work


Overtime rate(s)

50% Increase
Labour Code §127
Historical data (year indicates year of data collection)
  • 2007: 50% Increase

Special categories


Domestic work

The engagement in overtime work has to be agreed upon in the employment contract.
Labour Code §215

Young workers

Overtime work is prohibited for workers under the age of eighteen.
Labour Code §88

Pregnant workers/recent birth

Overtime work is prohibited for pregnant workers.
Labour Code §88

Disabled workers

Disabled workers must give their written consent to performing overtime work.
Labour Code §226

Parents

Without the written consent of the worker, overtime work is prohibited for women with children under the age of seven years and other persons bringing up children under the age of seven years without the mother or persons bringing up disabled children.
Labour Code §187

Carers

Without the written consent of the worker, it is prohibited to employ persons caring for sick family members who need constant care in overtime work.
Labour Code §187

REST PERIODS


Rest breaks


General provisions

A worker should be provided with one rest break and meal break of at least 30 minutes.
Labour Code §93(1)
Historical data (year indicates year of data collection)
  • 2007: A worker should be provided with one rest break and meal break of at least 30 minutes.

Exceptions

Workers engaged in work in cold seasons in the open air or in covered unheated premises, and loaders engaged in cargo handling shall be granted special breaks for warming up and rest. The special breaks shall be included into the working time.

Women with children under the age of 18 months, besides the meal break, are given additional breaks for feeding their children.
Labour Code §94

Special categories


» Shift work

The rest break should be established not earlier than three hours and not later than four hours after the beginning of daily work.
Labour Code §89(2)

» Domestic work

The provisions on rest breaks also apply to domestic workers.
Labour Code §215

Daily rest periods


Duration

Not less than 12 hours
Labour Code §95
Historical data (year indicates year of data collection)
  • 2007: Not less than 12 hours

Special categories


» Domestic work

General regime applies.
Labour Code §215

Weekly rest periods


Duration


» General

With a five-day working weeks the workers shall be provided with two days off, and in case of a six-day week, with one day.
Labour Code §96(2)

Day specified


» General

Sunday shall be a common day off, the second day-off being established by the employer’s instrument or the schedule of work. Both days off shall be granted in in general in succession.
Labour Code §96(3)

Work on weekly rest day


» Criteria

Work on weekly rest day is allowed only with a worker’s written consent.

Work on weekly rest day is allowed without consent of employees in the following cases:
(1) to prevent emergency situations, natural calamities, or industrial accidents and immediate control of their consequences;
(2) to prevent and investigate accidents, loss of or damage to property; and
(3) to perform urgent, earlier unforeseen work required for the normal functioning of the organization as a whole or or its separate subdivisions.
Labour Code §97, 98

» Compensation (for working on a rest day)

At least 200%.
Labour Code §128

Special categories


» Shift workers

Employees engaged in continuous production or in production units where it is not possible to halt work on days off for production and technical reasons or as a consequence of need for constant, continuous provision of services to the population, days off shall be granted on different days of the week in turn to employees (groups of employees) according to a shift timetable approved by acts of the employer issued on agreement with employees’ representatives.
Labour Code §96(5)

» Domestic workers

The procedure for granting days off as well as work on weekly rest days has to be determined in the employment contract of domestic workers.
Labour Code §215

» Pregnant workers/recent birth

It is prohibited to employ pregnant women on weekly rest days.
Labour Code §187

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

24 calendar days
Labour Code §101
Historical data (year indicates year of data collection)
  • 2007: 18 working days

» Exceptions

Employees working in harmful and dangerous conditions are entitled to a minimum of 6 additional days of annual leave

Disabled workers of Group I and II are entitled to a minimum of 15 annual leave days.
Labour Code §102

Payment


» Date of payment

At least 3 days before the leave is taken.
Labour Code §105(5)

Schedule and splitting

The annual leave shall be granted to the employee for the first and subsequent years of work at any time of the working year, on agreement between the parties.
Upon agreement by parties, annual leave can be divided into parts.
Labour Code §105(1)(3)

Work during annual leave

Annual paid leave may be cut short by the employer only with the written consent of the employee.
Labour Code §109

Special categories


» Domestic work

Annual leave of domestic staff shall be determined by the employment contract.
Labour Code §215

» Part-time work

Part-time working conditions shall not entail any restrictions for the employee with respect to the duration of his annual paid leave.
Labour Code §80(3)

PUBLIC HOLIDAYS


Work on Public Holidays


» Criteria

Work on public holiday requires the written consent of the worker.
Work on public holiday is permitted without written consent in the following cases:
(1) to prevent emergency situations, natural calamities, or industrial accidents and immediate control of their consequences;
(2) to prevent and investigate accidents, loss of or damage to property; and
(3) to perform urgent, earlier unforeseen work required for the normal functioning of the organization as a whole or or its separate subdivisions.
Labour Code §97, 98

» Compensation

100% increase or a compensatory day off, as by the employee.
Labour Code §97(3), 128

EMERGENCY FAMILY LEAVE

On the basis of a written application from the employee, the employer shall provide unpaid leave of
up to five calendar days for:
1) registration of marriage;
2) birth of a child;
3) death of a close relative;
4) in other cases envisaged by the employment contract or collective bargaining agreement.
Labour Code §111

PART-TIME WORK


General provisions

On agreement between the parties to the employment contract, part-time work may be established for the employee.
Labour Code §80(1)

Annual leave

Part-time working conditions shall not entail any restrictions for the employee with respect to the duration of his annual paid leave.
Labour Code §80(3)

NIGHT WORK


Criteria for night work

Night work is work between 22.00 and 6.00.
Labour Code §83(1), 87

Rest breaks

The rest break should be established not earlier than three hours and not later than four hours after the beginning of daily work.
Labour Code §89(2)

Compensation

150%
Labour Code §129

Special categories


Young workers

Night work is prohibited for persons under eighteen years of age.
Labour Code §183

Pregnant workers/recent birth

Night work is prohibited for pregnant workers.
Labour Code §187

Parents

Night work for persons bringing up children under the age of seven years without a mother or disabled children who need constant care shall be prohibited without the written consent of the worker.
Labour Code §187

Carers

Night work for employees caring for sick family members in need of constant care shall be prohibited without the written consent of the worker.
Labour Code §187

Disabled workers

Disabled employees may be engaged to perform night work only with their written consent and provided said work is not prohibited for them on medical grounds.
Labour Code §226

Domestic work

Night work of domestic staff shall be determined by the employment contract.
Labour Code §215

Women

Night work for women with children under the age of seven years shall be prohibited without the written consent of the worker.
Labour Code §187

SHIFT WORK


Criteria for shift work

Shift work can be established when the duration of production exceeds the allowed duration of the working day.
Labour Code §84

Limits

The work during two shift works successively is forbidden.
Labour Code §84(4)

Schedule

Duration of shift work is established by the employer after consulting the trade unions. Schedules should be announced to worker not later than one month after their adoption.
Labour Code §84(2)

Weekly rest period

Employees engaged in continuous production or in production units where it is not possible to halt work on days off for production and technical reasons or as a consequence of need for constant, continuous provision of services to the population, days off shall be granted on different days of the week in turn to employees (groups of employees) according to a shift timetable approved by acts of the employer issued on agreement with employees’ representatives.
Labour Code §96(5)

FLEXITIME


Criteria

For the purpose of combining socio-domestic and personal requirements of employees with the interests of production, flexi-time may be established for the employees, during which the employee shall have the right to perform his job duties at his own discretion.
Labour Code §85

SHORT-TIME WORK/WORK-SHARING


General provisions

In connection with changes in the organisation of production, including in the event of reorganisation, and (or) a reduction in the volume of work, which might entail a reduction in staff numbers or positions, the employer shall have the right, for the purpose of retaining work places and in consideration of the opinion of the employees’ representatives, to introduce a part-time work regime.
Labour Code §48(1)(2)

RIGHT TO CHANGE WORKING HOURS


Reasons for request


Parents

The employer shall, on the basis of a written application from a pregnant woman, a woman with a child (children) under the age of three years, a father or adoptive parent bringing up children under the age of three years without a mother establish a part-time work regime.
Labour Code §189

Carers

The employer shall, on the basis of a written application from an employee caring for a sick family member in accordance with a medical opinion, establish a part-time work regime.
Labour Code §189

INFORMATION & CONSULTATION


Information

The individual contract of employment should contain the schedule of the hours of work and time of rest.
Labour Code §28(6)

Results generated on: 31st October 2014 at 05:02:09.
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