Article 26. Prohibitions and restrictions on the conclusion of an employment contract and employment of the Labor Code of the Republic of Kazakhstan
1. It is not allowed to conclude an employment contract:
1) to perform work that is contraindicated to a person for health reasons on the basis of a medical report;
2) with citizens who have not reached the age of eighteen, for hard work, work with harmful and (or) dangerous working conditions, as well as for positions and jobs that provide for full financial responsibility of the employee for failure to ensure the safety of the employer's property and other valuables, as well as for work, the performance of which may harm their health and moral development (gambling, work in night entertainment establishments, production, transportation and trade of alcoholic beverages, tobacco products, narcotic drugs, psychotropic substances and precursors);
3) with citizens deprived of the right to hold a certain position or engage in a certain activity in accordance with a court verdict that has entered into legal force.;
4) with foreigners and stateless persons temporarily staying in the territory of the Republic of Kazakhstan, until the employer receives permission from the local executive body to attract foreign labor, or until the foreign employee receives a certificate of qualifications for self-employment or a permit for a labor immigrant issued in accordance with the procedure determined by the authorized body on migration, with the exception of foreigners and stateless persons included in the list of persons determined by the Government of the Republic of Kazakhstan, for which it is not necessary to obtain permission from local executive bodies to carry out work, or without observing the restrictions or exceptions established by the laws of the Republic of Kazakhstan;
5) with foreign students and interns temporarily staying in the territory of the Republic of Kazakhstan who have not submitted a certificate from the educational organization indicating the form of study or the host organization on professional training and (or) internship and a residence permit for the purpose of education;
6) with foreigners and stateless persons temporarily staying in the territory of the Republic of Kazakhstan:
those who have not submitted permission to enter and stay for the purpose of family reunification and a document confirming their status in a marriage recognized by the legislation of the Republic of Kazakhstan with a citizen of the Republic of Kazakhstan;
who do not have an imputed health insurance contract covering primary health care and specialized medical care in inpatient settings in an emergency form on the terms established by the laws of the Republic of Kazakhstan;
7) to perform work (provision of services) in a household by one individual employer simultaneously with more than five labor immigrants.
1-1. It is not allowed to conclude a civil contract with an individual if it contains at least one of the distinguishing features of the employment contract provided for in Article 27 of this Code.
A contract containing one or more distinctive features of an employment contract provided for in Article 27 of this Code is recognized as an employment contract regardless of its actual name by the parties and entails legal consequences in accordance with the labor legislation of the Republic of Kazakhstan.
2. Employment is not allowed:
1) to a commercial organization, with the exception of state organizations and organizations in the authorized capital of which the state's share is more than fifty percent, including national management holdings, national holdings, national companies, national development institutions, of which the state is a shareholder, their subsidiaries, more than fifty percent of voting shares (stakes in the authorized capital) of which they own, as well as legal entities, more than fifty percent of the voting shares (participation shares in the authorized capital) of which belong to the specified subsidiaries of a person within one year after termination of public service, if in the last year before termination of public service during the period of performance of public functions, the specified person, by virtue of his official powers, directly carried out control in the form of inspections of the activities of this commercial organization or The activities of this commercial organization were directly related to the specified person in accordance with his competence.;
IZPI's note! Cm. Normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 08/31/2023 No. 26-NP.
2) to the entities of the quasi-public sector of a person who has committed a corruption crime;
IZPI's note! Paragraph 2 is provided to be supplemented with subparagraph 2-1) in accordance with the Law of the Republic of Kazakhstan dated 03.01.2023 No. 188-VII (effective from 01.01.2027).
3) in organizations in the field of education, upbringing and development, recreation and recreation, physical culture and sports, medical care, social services, culture and art with the participation of minors, persons who have or have had a criminal record, are or have been subjected to criminal prosecution are not allowed (with the exception of persons whose criminal prosecution has been terminated based on subitems 1) and 2) of the first part of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan) for criminal offenses: murder, intentional harm to health, against public health and morals, sexual integrity, for extremist or terrorist crimes, human trafficking;
4) Excluded by the Law of the Republic of Kazakhstan dated 12.10.2021 No. 67-VII SAM (effective ten calendar days after the date of its first official publication).
5) to employ part-time workers who have not reached the age of eighteen, and workers engaged in heavy work, work with harmful and (or) dangerous working conditions, with the exception of medical workers.
The footnote. Article 26 as amended by the 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 04/16/2018 No. 147-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 05/13/2020 No. 327-VI (effective ten calendar days after the date of its first official publication); dated 12/30/2020 No. 393-VI (effective ten calendar days after the date of its first official publication). dated 12.10.2021 No. 67-VII SAM (effective after ten calendar days after the date of its first official publication); dated 30.12.2021 No. 95-VII (effective after ten calendar days after the date of its first official publication); dated 04/19/2023 No. 223-VII (effective after ten calendar days after the date of its first official publication).
President
Republic of Kazakhstan
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