Article 138. Remote work of the Labor Code of the Republic of Kazakhstan

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1. Remote work is established both at the conclusion of an employment contract and during the term of the employment contract with the introduction of appropriate amendments and additions to the employment contract.

For employees performing official (official) duties without entering into an employment contract, whose work is regulated by this Code with the specifics provided for by special laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan, including those in military service, employees of special state and law enforcement agencies, civil protection agencies, civil servants, the procedure and terms remote work, provision of equipment necessary for the performance of work duties, objects of informatization in accordance with the legislation of the Republic of Kazakhstan on informatization, communication services and other means, reimbursement of expenses are determined by the act of the employer.

2. At the initiative of the employee or the employer, remote work or combined remote work may be established by agreement of the parties.

3. During the period of the introduction of a state of emergency or martial law, the declaration of an emergency, or the introduction of other restrictive measures, including quarantine, by decision of state bodies or their officials, as well as in other exceptional cases that endanger the life or health of employees, the employer has the right to temporarily establish remote work or combined work by an act of the employer, indicating the reasons. remote work until the above cases are eliminated. At the same time, provision of employees with equipment necessary for the performance of their work duties, informatization facilities in accordance with the legislation of the Republic of Kazakhstan on informatization, communication services and other means, as well as reimbursement of expenses are determined by an act of the employer.

The act of the employer must necessarily contain:

1) the basis for the temporary establishment of remote work and (or) combined remote work;

2) a list of employees in respect of whom remote work and (or) combined remote work has been temporarily established;

3) the period of remote work and (or) combined remote work, not exceeding the date of elimination of the case that served as the basis for the temporary establishment of remote work and (or) combined remote work.

4. The employer and the receiving party shall provide the employee with the equipment necessary for the performance of work duties, informatization facilities in accordance with the legislation of the Republic of Kazakhstan on informatization, communication services and other means. The employer bears the costs of their installation and maintenance.

The employee is obliged to use equipment, informatization facilities in accordance with the legislation of the Republic of Kazakhstan on informatization, communication services and other means provided by the employer and the receiving party in the course of performing his work duties.

In the event that an employee uses his own equipment, informatization facilities in accordance with the legislation of the Republic of Kazakhstan on informatization and other means to perform his work duties, as well as incurs expenses for communication services, the employer pays compensation, the amount, procedure and term of payment of which are established by agreement with the employee.

By agreement of the parties, an employee engaged in remote work may be reimbursed for other reasonable expenses, including the cost of electricity, related to performing work for the employer, the receiving party.

5. For employees engaged in remote work, fixed accounting of working hours is established in compliance with the limits of daily working hours, the specifics of monitoring which are defined in the employment contract or in the act of the employer.

The employee must be available within working hours to communicate with the employer, the receiving party.

The employer or the receiving party shall not have the right to require the employee to be available outside of working hours, except for the cases provided for in paragraph 2 of Articles 77 and 86 of this Code.

If it is necessary to perform remote work outside the established working hours, an employee may be employed only with his written consent with increased payment in accordance with Articles 108, 109 and 110 of this Code.

In case of remote work, when the performance of work cannot be fixed by the employer or the receiving party with a specific time, the working time is noted in the working time accounting document as the performance of the amount of work established by the employment contract, the act of the employer.

By agreement of the parties to the employment contract, flexible working hours may be established for employees engaged in remote work in accordance with Article 74 of this Code.

6. Wages for remote work are paid in full upon completion of the amount of work stipulated by the employment contract and the act of the employer, depending on the qualifications of the employee, the complexity and quality of the work performed.

7. In order to ensure the safety and labor protection of employees during the period of their remote work, the employer performs the duties provided for in the sub-paragraphs 2), 3), 8), 10), 11), 14), 16) and 17) of paragraph 2 of Article 182 of this Code, the receiving party performs the duties provided for in paragraphs 3), 8), 9) and 10) of paragraph 2 of Article 182-1 of this Code, as well as the employer or the receiving party, develops and issues an act of the employer, an act of the receiving party with requirements for occupational safety and health when working with equipment, objects of informatization in accordance with the legislation of the Republic of Kazakhstan on informatization and other means.

Other obligations of the employer and the receiving party to ensure occupational safety and health established by this Code do not apply to employees during the period of remote work, unless otherwise provided for in the employment, collective agreements, act of the employer, act of the receiving party.

8. In order to protect official, commercial or other legally protected secrets that have become known to an employee in the course of remote work, the employment contract or the act of the employer, the act of the receiving party provides for the condition of preservation and non-disclosure of this information of the employer, the information of the receiving party.

9. The employment relations of employees engaged in remote work are carried out in accordance with this Code, taking into account the specifics established by this article, the employment contract, and the act of the employer.

The Labor Code of the Republic of Kazakhstan dated November 23, 2015

President

Republic of Kazakhstan

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