Article 160. Terms of application for consideration of individual labor disputes of the Labor Code of the Republic of Kazakhstan
The following deadlines are set for applying to the conciliation commission or the court for the consideration of individual labor disputes:
1) for disputes concerning reinstatement at work – one month from the date of delivery or sending by registered mail with a notification of delivery of a copy of the employer's act on termination of the employment contract to the conciliation commission, and for applying to the court – two months from the date of delivery or sending by registered mail with a notification of delivery of a copy of the decision of the conciliation commission when applying for unresolved disputes or when a party to an employment contract fails to comply with its decision;
2) in other labor disputes – one year from the day when the employee, including those who had previously been in an employment relationship, or the employer learned or should have learned about the violation of his right.
The term of the application for consideration of individual labor disputes is suspended during the period of validity of the mediation agreement on the labor dispute under consideration, as well as in the absence of a conciliation commission before its establishment.
If, for valid reasons, the deadline for applying is missed, the conciliation commission for labor disputes may restore the deadline for applying to the conciliation commission and resolve the dispute on its merits.
The conciliation commission independently determines whether the reasons why an employee, including those who previously had an employment relationship, did not apply to the conciliation commission within the established time frame are valid.
The following deadlines have been established for participants in labor relations who are entitled, in accordance with this Code, to apply to the court without contacting the conciliation commission for the consideration of individual labor disputes.:
for disputes about reinstatement at work – three months from the date of delivery or sending by registered mail with a notification of delivery of a copy of the employer's act on termination of the employment contract;
In other labor disputes, it is one year from the day when the employee, including those who had previously been in an employment relationship, learned or should have learned about the violation of his right.
President
Republic of Kazakhstan
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