Article 23. Basic rights and obligations of the employer of the Labor Code of the Republic of Kazakhstan

Home / Codes / Article 23. Basic rights and obligations of the employer of the Labor Code of the Republic of Kazakhstan

1. The employer has the right:

1) freedom of choice when applying for a job;

2) to amend, supplement, terminate and terminate employment contracts with employees in accordance with the procedure and on the grounds established by this Code;

3) to issue acts of the employer within the limits of their authority;

4) create and join associations (associations, unions) in order to represent and protect their rights and interests;

5) require employees to comply with the terms of employment, collective agreements, labor regulations and other acts of the employer;

6) to encourage employees, impose disciplinary penalties, and bring employees to financial responsibility in the cases and in the manner provided for by this Code.;

7) for compensation of damage caused by an employee in the performance of his work duties;

8) apply to the court in order to protect their rights and legitimate interests in the field of work;

9) set the probation period for the employee;

10) provide employees with professional training, retraining, advanced training and recognition of their professional qualifications in accordance with this Code and the Law of the Republic of Kazakhstan "On Professional Qualifications";

11) to reimburse their expenses related to the employee's training in accordance with this Code;

12) to apply for consideration of an individual labor dispute sequentially to a conciliation commission or court in accordance with the procedure provided for by this Code;

13) to obtain information on the employment activities of applicants (with their prior consent) and employees from the unified system of accounting for employment contracts.

14) to collect copies of documents certifying the identity of a labor immigrant for the purposes provided for in this Code.

2. The employer is obliged to:

1) comply with the requirements of the labor legislation of the Republic of Kazakhstan, agreements, collective agreements, labor contracts, and acts issued by it;

2) when applying for a job, conclude employment contracts with employees in accordance with the procedure and on the terms established by this Code.;

3) require, when applying for a job, the documents necessary for concluding an employment contract in accordance with Article 32 of this Code.;

4) provide the employee with a job stipulated by the employment contract;

5) pay the employee wages and other payments provided for by regulatory legal acts of the Republic of Kazakhstan, labor and collective agreements, and acts of the employer in a timely manner and in full.;

6) to acquaint the employee with the collective agreement, the agreement on the work of the conciliation commission (if any), the labor regulations, other acts of the employer directly related to the work (labor function) of the employee, and in cases provided for by this Code, other acts of the employer personally or by sending them by courier mail, postal communication, fax, e-mail and other digital technologies;

7) consider proposals from employee representatives and provide employee representatives with complete and reliable information necessary for conducting collective bargaining, concluding collective agreements, and monitoring their implementation;

8) conduct collective negotiations in accordance with the procedure established by this Code, and conclude a collective agreement;

9) provide employees with working conditions in accordance with the labor legislation of the Republic of Kazakhstan, labor and collective agreements;

10) provide employees with equipment, tools, technical documentation and other means necessary for the performance of work duties, at their own expense;

11) provide information to the authorized body on employment issues in accordance with the requirements of the legislation of the Republic of Kazakhstan on employment;

12) comply with the instructions of the state labor inspectors;

13) to suspend work if its continuation poses a threat to the life or health of the employee and other persons.;

14) provide compulsory social insurance for employees;

15) to insure an employee against accidents in the performance of his labor (official) duties;

16) provide an employee with annual paid work leave;

17) to ensure the safety and transfer to the state archive of documents confirming the employment of employees, and information on the retention and deduction of money for their pension and compulsory social insurance;

18) to warn the employee about harmful and (or) dangerous working conditions and the possibility of occupational disease;

19) take measures to prevent occupational risks in the workplace and in technological processes, carry out preventive work taking into account industrial and scientific and technological progress;

20) keep records of working hours, including overtime, in harmful and (or) dangerous working conditions, in heavy work performed by each employee;

21) compensate for the damage caused to the life and health of an employee in the performance of his labor (official) duties in accordance with this Code and other laws of the Republic of Kazakhstan;

22) freely admit officials of the authorized state body for labor and territorial subdivision, employee representatives, technical inspectors for labor protection to conduct inspections of safety, working conditions and labor protection in organizations and compliance with the legislation of the Republic of Kazakhstan, as well as to investigate accidents related to work and occupational diseases;

23) ensure the maintenance of registers or other documents determined by the employer, which indicate the surname, first name, patronymic (if it is indicated in the identity document) and the date of birth of employees under the age of eighteen;

24) to collect, process and protect the employee's personal data in accordance with the legislation of the Republic of Kazakhstan on personal data and their protection;

25) to carry out internal control over occupational safety and health;

26) establish a conciliation commission in accordance with the procedure established by this Code;

26-1) provide an employee with leave to undergo screening tests while maintaining his place of work (position) and average salary in accordance with the procedure and amount determined by the legislation of the Republic of Kazakhstan in the field of healthcare;

27) provide information on the conclusion and termination of an employment contract with an employee, amendments and (or) additions to it, containing information provided for in sub-paragraphs 1), 2), 3), 4), 5) and 13) paragraph 1 of Article 28, as well as information on the granting of vacations provided for in Article 99 of this Code, into a unified system for recording employment contracts in accordance with the procedure established by the authorized state body for labor;

28) to provide employees with equal pay for equal work, as well as equal working and living conditions without any discrimination.

29) when an employee applies to report the fact of a corruption offense or to provide other assistance in combating corruption in an organization of which he is an employee, conclude with this employee, if he intends, an agreement on non-disclosure of information on assistance in combating corruption in accordance with the procedure established by the legislation of the Republic of Kazakhstan on combating corruption.

30) conclude a pre-retirement annuity insurance contract in accordance with Article 23-1 of the Law of the Republic of Kazakhstan "On compulsory insurance of employees against accidents in the performance of their labor (official) duties."

3. The employer has other rights and performs other duties stipulated by this Code.

The footnote. Article 23 as amended by the Laws of the Republic of Kazakhstan dated 07/02/2018 No. 165-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 07/07/2020 No. 361-VI (effective upon the expiration of ten calendar days after the date of its first official publication); dated 07/01/2021 No. 61-VII (effective upon the expiration of ten calendar days after the date of its first official publication); dated 01/03/2023 No. 188-VII (effective sixty calendar days after the date of its first official publication); dated 02/15/2023 No. 199-VII (effective sixty 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); dated 12/21/2023 No. 49-VIII (effective from 01/01/2024); dated 11.12.2023 No. 44-VIII (effective sixty calendar days after the date of its first official publication).

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Republic of Kazakhstan

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