Article 1. The basic concepts used in this Code of the Labor Code of the Republic of Kazakhstan

Home / RLA / Article 1. The basic concepts used in this Code of the Labor Code of the Republic of Kazakhstan

1. The following basic concepts are used in this Code:

1) civil service is the professional activity of civil servants in the performance of official duties aimed at implementing the tasks and functions of state–owned enterprises, state institutions, carrying out maintenance and ensuring the functioning of state bodies;

2) civil servant – a person who holds a paid full-time position in state-owned enterprises and state institutions in accordance with the procedure established by the legislation of the Republic of Kazakhstan and exercises official powers in order to implement their tasks and functions, carry out maintenance and ensure the functioning of state bodies;

3) the minimum monthly wage is a guaranteed minimum of monetary payments to an employee of simple unskilled (least complex) work when performing their work duties under normal conditions and with normal working hours established by this Code, per month.;

4) special clothing – clothing, shoes, headgear, mittens, and other personal protective equipment designed to protect an employee from harmful and (or) dangerous industrial factors;

5) heavy work – types of employee's activities related to constant movement, moving and carrying manually (ten kilograms or more) heavy and demanding physical efforts (energy consumption of more than 250 kcal/hour);

6) shift work – work in two or three or four shifts during the day;

7) social partnership is a system of relationships between employees (employee representatives), employers (employer representatives), and government agencies aimed at ensuring coordination of their interests in regulating labor relations and other issues directly related to labor relations, as well as socio–economic relations based on equal cooperation.;

8) a general, sectoral, or regional agreement (hereinafter referred to as the agreement) is a legal act in the form of a written agreement concluded between the parties to a social partnership that defines the content and obligations of the parties to establish working conditions, employment, and social guarantees for employees at the national, sectoral, and regional levels.;

9) non–competition clause - the terms of a non-competition agreement that restrict the employee's right to take actions that could harm the employer;

10) idle – temporary suspension of work for reasons of an economic, technological, organizational, other industrial or natural nature, as well as in cases of the introduction of a state of emergency or martial law, declaration of an emergency, or the introduction of other restrictive measures, including quarantine, by decision of government agencies or their officials.;

11) qualification category (category) – the level of qualification requirements for an employee, reflecting the complexity of the work performed;

12) mediator – an individual or legal entity engaged by the parties to an employment relationship to provide services to resolve a labor dispute;

13) vacation is the release of an employee from work for a certain period in order to ensure the employee's annual rest or social purposes while maintaining his place of work (position) and, in cases established by this Code, the average salary.;

14) labor is a human activity aimed at creating material, spiritual and other values necessary for life and meeting the needs of man and society.;

15) occupational hygiene – a set of sanitary and epidemiological measures and means to preserve the health of workers, prevent adverse effects of the working environment and the labor process;

16) labor dispute – disagreements between an employee (employees) and an employer (employers), including those who previously had an employment relationship, on the application of labor legislation of the Republic of Kazakhstan, the fulfillment or amendment of the terms of agreements, labor and (or) collective agreements, acts of the employer;

17) working conditions – conditions of payment, labor rationing, performance of work duties, working hours and rest periods, the procedure for combining professions (positions), expanding service areas, performing duties of a temporarily absent employee, occupational safety and health, technical, industrial and living conditions, as well as other working conditions agreed upon by the parties;

18) authorized state body for labor – the central executive body responsible for the formation and implementation of state policy in the field of labor relations in accordance with the legislation of the Republic of Kazakhstan;

18-1) territorial divisions of the authorized state body for labor (territorial divisions) – structural divisions of the authorized state body for labor, exercising powers within the relevant administrative-territorial unit in the field of regulation of labor relations in accordance with the legislation of the Republic of Kazakhstan.;

19) local labor inspection body is a structural subdivision of local executive bodies of a region, a city of republican significance, or the capital that exercises powers in the field of labor relations within the relevant administrative–territorial unit in accordance with the legislation of the Republic of Kazakhstan.; - Excluded by the Law of the Republic of Kazakhstan.

20) remuneration – a system of relations related to the provision by the employer of mandatory payment of remuneration to an employee for his work in accordance with this Code and other regulatory legal acts of the Republic of Kazakhstan, as well as agreements, labor, collective agreements and acts of the employer;

21) labor relations – relations between an employee and an employer arising in the exercise of rights and obligations provided for by the labor legislation of the Republic of Kazakhstan, agreements, labor, collective agreements and acts of the employer;

22) relations directly related to labor – relations that develop regarding the organization and management of labor, employment, vocational training, retraining and advanced training, as well as the recognition of professional qualifications of employees, social partnership, the conclusion of collective agreements and agreements, the participation of employees (employee representatives) in the establishment of working conditions in the cases provided for by this Code, resolution of labor disputes and control over compliance with labor legislation of the Republic of Kazakhstan;

23) occupational safety – the state of protection of employees provided by a set of measures that exclude the impact of harmful and (or) dangerous production factors on employees during their work;

24) occupational safety conditions – compliance of the labor process and the production environment with the requirements of occupational safety and health when an employee performs work duties;

25) occupational safety and health monitoring – a system of monitoring the state of occupational safety and health at work, as well as assessment and forecast of the state of occupational safety and health;

26) standards in the field of occupational safety and health – ergonomic, sanitary-epidemiological, psychophysiological and other requirements that ensure normal and safe working conditions;

27) an accident related to work activity is the impact on an employee, an employee of the sending party, of a harmful and (or) dangerous production factor in the performance of his labor (official) duties or tasks of the employer or the receiving party, as a result of which an industrial injury, sudden deterioration of health or poisoning of the employee, an employee of the sending party occurred, leading to their temporary or permanent disability or death;

28) labor obligations – obligations of the employee and the employer stipulated by the regulatory legal acts of the Republic of Kazakhstan, the act of the employer, the act of the receiving party, labor, collective agreements;

29) length of service – the time in calendar terms spent by an employee on the performance of work duties, as well as other periods included in the length of service in accordance with this Code;

30) labor discipline is the proper fulfillment by the employer and employees of obligations established by regulatory legal acts of the Republic of Kazakhstan, as well as agreements, labor, collective agreements, acts of the employer, constituent documents;

31) labor regulations – the procedure for regulating relations between the organization of labor of employees and the employer;

32) labor protection is a system for ensuring the safety of life and health of employees in the course of their work, including legal, socio–economic, organizational, technical, sanitary, epidemiological, therapeutic, preventive, rehabilitative and other measures and means.;

32-1) occupational health and safety management system – a set of interrelated measures to implement occupational health and safety policy, meet occupational safety requirements, and manage occupational risks;

33) technical labor protection inspector – a representative of employees who carries out internal control over occupational safety and health;

34) labor rationing – determining the necessary labor costs (time) for the performance of work (production of a unit of production) by employees in specific organizational and technical conditions and establishing labor standards on this basis.;

35) safe working conditions – working conditions in which the levels of impact of production factors on workers do not exceed the established standards.;

35-1) unified accounting system for employment contracts is an information system designed to automate the accounting of employment contracts, work activities and the number of employees;

36) an employment contract is a written agreement between an employee and an employer, according to which the employee undertakes to personally perform a certain job (labor function), comply with the labor regulations, and the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by this Code, the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, collective agreement, acts of the employer, timely and in full to pay the employee wages;

37) salary – remuneration for work depending on the employee's qualifications, complexity, quantity, quality and conditions of the work performed, as well as compensatory and incentive payments;

38) personal protective equipment – means designed to protect an employee from the effects of harmful and (or) dangerous industrial factors, including special clothing;

39) employer is a natural or legal person with whom the employee has an employment relationship.;

40) representatives of employers – individuals and (or) legal entities authorized on the basis of constituent documents and (or) a power of attorney to represent the interests of an employer or a group of employers;

41) acts of the employer – orders, orders, instructions, rules, regulations, shift schedules, shift schedules, vacation schedules issued by the employer;

42) declaration of an employer's activity is a procedure for recognizing an employer's activity that meets the requirements of the labor legislation of the Republic of Kazakhstan on the basis of an application submitted by him;

43) an employee is an individual who is in an employment relationship with an employer and directly performs work under an employment contract.;

44) employee representatives – trade unions and their associations, and in their absence, elected representatives elected and authorized at the general meeting (conference) of employees by a majority vote of the participants in the presence of at least two thirds of the employees (conference delegates) in the cases provided for by this Code.;

45) workplace – the place of permanent or temporary residence of an employee while performing his work duties in the course of his work;

IZPI's note! Subparagraph 46) is provided for in the wording of the Law of the Republic of Kazakhstan dated 07/04/2023 No. 15-VIII (effective from 01/01/2030).

46) job pricing – the assignment of work performed to a certain complexity in accordance with the Unified Tariff and Qualification Directory of jobs and professions of workers and the Qualification Directory of positions of managers, specialists and other employees, tariff and qualification characteristics of professions of workers and standard qualification characteristics of positions of managers, specialists and other employees of organizations;

47) working time – the time during which an employee, in accordance with the acts of the employer and the terms of the employment contract, performs labor duties, as well as other periods of time that, in accordance with this Code, other regulatory legal acts of the Republic of Kazakhstan, a collective agreement, and an act of the employer, are classified as working hours.;

48) cumulative accounting of working hours – accounting of working hours by summing them up for the accounting period established by the employer;

48-1) sending party – a legal entity registered in accordance with the procedure established by the legislation of the Republic of Kazakhstan, engaged in the provision of personnel services, including a branch of a foreign legal entity;

48-2) employees of the sending party – employees engaged on the basis of an employment contract concluded with the sending party in accordance with the contract for the provision of personnel services;

49) harmful working conditions – working conditions that are characterized by the presence of harmful production factors;

50) harmful production factor – a production factor, the impact of which on an employee may lead to illness or disability and (or) a negative impact on the health of offspring;

51) occupational disease is a chronic or acute disease caused by the exposure of an employee to harmful and (or) dangerous industrial factors while the employee performs his labor (official) duties.;

51-1) occupational risk – the risk of disability (or death) of an employee in the performance of work (official) duties;

51-2) occupational risk management is an integral part of the occupational health and safety management system, which includes the identification and assessment of occupational risks, corrective measures, control and monitoring of occupational risk;

51-3) occupational risk assessment – determination of the degree of occupational risk based on the analysis of information on risk identification and statistical data on morbidity and occupational injuries in the organization, provision of collective and individual protective equipment;

52) guarantees – means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured;

52-1) the receiving party is an individual or legal entity, an individual entrepreneur, including a peasant or farm, who employs employees of the sending party in accordance with a contract for the provision of personnel services.;

52-2) acts of the receiving party – orders, orders, instructions, rules, regulations, shift schedules, shift schedules issued by the receiving party in accordance with the contract for the provision of personnel services;

53) safety standards – qualitative and quantitative indicators characterizing the conditions of production, production and labor process in terms of ensuring organizational, technical, sanitary, biological and other norms, rules, procedures and criteria aimed at preserving the life and health of workers during their work;

54) dangerous working conditions – working conditions in which exposure to certain industrial or unavoidable natural factors leads, in case of non-compliance with labor protection rules, to occupational injury, sudden deterioration of health or poisoning of an employee, resulting in temporary or permanent disability, occupational disease or death.;

55) dangerous production factor – an industrial factor, the impact of which on an employee may lead to temporary or permanent disability (occupational injury or occupational disease) or death;

55-1) combined remote work is the implementation of the labor process by alternating periods of performance of work duties both at the location of the employer, the receiving party and their facilities, and through remote work.;

55-2) remote work is the implementation of the labor process outside the location of the employer, the host party and their facilities using information and communication technologies in the course of work;

56) part–time employment is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job.;

56-1) joint employment is the employment relationship of several employees for the purpose of jointly performing one labor function (work in a specific specialty, profession, qualification or position) with the same employer, when during working hours employees perform labor duties in accordance with the acts of the employer and the employment contract.;

57) a foreign employee of a government agency is a foreigner who is employed by a government agency under an employment contract.;

58) public holidays – days of national and state holidays of the Republic of Kazakhstan;

59) the basic salary is a relatively permanent part of the salary, including payment at tariff rates, official salaries, piece rates, and payments of a permanent nature provided for by the labor legislation of the Republic of Kazakhstan, an industry agreement, collective and (or) employment contracts.;

60) production equipment – machines, mechanisms, devices, apparatuses, devices and other technical means necessary for work, production;

61) work injury – damage to the health of an employee, sustained in the performance of his work duties, resulting in disability;

62) industrial necessity – performing work in order to prevent or eliminate a natural disaster; consequences of emergency situations, emergency or martial law, natural or man-made disasters; industrial accidents or immediate elimination of their consequences; to prevent accidents at work; to prevent downtime, damage; death or damage to property; in other exceptional cases endangering the life and health of employees, as well as to replace a temporarily absent employee;

63) production activity is a set of actions of employees using labor tools necessary to turn resources into finished products, including the production and processing of various types of raw materials, the provision of various types of services and the performance of work.;

64) specialized organizations for certification of production facilities – organizations that carry out activities for certification of production facilities according to working conditions, have qualified personnel and include testing laboratories accredited in accordance with the legislation of the Republic of Kazakhstan.;

65) certification of production facilities according to working conditions – the activity of evaluating production facilities (workshops, sites, workplaces, as well as other separate departments of employers engaged in production activities) in order to determine the state of safety, harmfulness, severity, intensity of work performed on them, occupational health and to determine the compliance of the working environment with the standards in areas of occupational safety and health;

66) industrial sanitation is a system of sanitary and hygienic, organizational measures and technical means that prevent or reduce the impact of harmful industrial factors on workers;

66-1) industrial and living conditions – working conditions necessary for an employee to stay at the workplace, including shift work, including provision of sanitary facilities, as well as conditions for rest and meals;

67) production factors – technical, sanitary, hygienic, industrial, household and other conditions affecting the employee in accordance with the legislative and other regulatory legal acts of the Republic of Kazakhstan;

68) gross negligence – actions of an employee that contribute to the violation of labor protection and safety regulations and the safety of their health;

69) compensation payments – monetary payments related to special working conditions and working conditions, loss of work, compensation to employees for expenses related to the performance of their labor or other duties provided for by the laws of the Republic of Kazakhstan, as well as payments related to professional training, retraining and advanced training of employees or other persons who are not in an employment relationship (hereinafter referred to as the trainee);

69-1) provision of personnel – the referral of an employee under a contract for the provision of personnel services by the sending party to the receiving party in order for him to perform a labor function in the interests, under the management and control of the receiving party.;

70) inter-digit coefficient – the ratio between the tariff rates of adjacent tariff-qualifying categories;

71) the tariff system is a type of wage system in which the wages of employees are determined differentially on the basis of tariff rates (salaries) and tariff grids;

72) tariff schedule – a set of tariff categories and tariff coefficients, providing for differentiation based on the complexity of the work performed and the qualifications of employees;

73) the tariff rate (salary) is a fixed amount of remuneration for an employee for performing work duties of a certain complexity (qualification) per unit of time.;

74) tariff category – the level of complexity of the work and an indicator of the qualification level required to perform this work.;

75) disciplinary punishment is a measure of disciplinary action against an employee applied by the employer or the first head of the national management holding in cases provided for by the laws of the Republic of Kazakhstan for committing a disciplinary offense.;

76) disciplinary misconduct – unlawful, culpable non-fulfillment or improper fulfillment by an employee of his work duties, as well as violation of labor discipline;

77) rest time is the time during which an employee is free from performing work duties and which he can use at his discretion.;

78) collective protection means – technical means designed to simultaneously protect two or more employees from the effects of harmful and (or) dangerous industrial factors;

79) a collective agreement is a legal act in the form of a written agreement concluded between employees, represented by their representatives, and the employer, regulating social and labor relations in the organization.;

80) overtime work – work performed by an employee on the initiative of the employer outside the established working hours (in excess of the normal number of working hours during the accounting period);

81) notification – a statement by an employee or employer in writing (on paper or in the form of an electronic document certified by an electronic digital signature), submitted on purpose or by courier mail, postal communication, fax, e-mail and other information and communication technologies, or in electronic form with authorization, identification employee or employer;

82) business trip – sending an employee by order of the employer to perform work duties for a certain period of time outside the place of permanent work to another locality, as well as sending an employee to another locality for training, advanced training or retraining, as well as recognition of professional qualifications.

2. Other special concepts and terms of the labor legislation of the Republic of Kazakhstan are used in the meanings defined in the relevant articles of this Code.

The footnote. Article 1 as amended by Article 204 of the Labor Code of the Republic of Kazakhstan dated 11/23/2015 No. 414-V (effective from 01.01.2017); Laws of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective after ten calendar days after the date of its first official publication); dated 05/04/2020 No. 321-VI (effective after ten calendar days after the date of its first official publication); dated 12/19/2020 No. 386-VI (effective after ten calendar days after the date of its first official publication); dated 07/01/2021 No. 61-VII (effective after ten calendar days after the date of its first official publication); dated 04/20/2023 No. 226-VII (effective from 07/01/2023); dated 07/04/2023 No. 15-VIII (effective after sixty calendar days from the date of its first official publication).

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases