Article 26. Prohibitions and restrictions on the conclusion of an employment contract and employment of the Labor Code of the Republic of Kazakhstan

Home / Codes / 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 for a position related to the performance of managerial functions, with the exception of an organization that is a quasi-public sector entity, of a person within one year after the termination of his public service or other activities related to the performance of state or equivalent functions, if in the last year before the termination of such employment, the said person by virtue of through his official powers , he directly carried out control in the form of inspections of the activities of this commercial organization or made a decision, affecting the interests of this commercial organization, or the activities of this commercial organization were directly related to the specified person in accordance with his official powers;

2) a person who has committed a corruption crime:

to the position of an employee of the National Bank of the Republic of Kazakhstan and its departments, the authorized body for regulation, control and supervision of the financial market and financial organizations;

to the position of an employee of the authorized organization for the investigation of aviation accidents, an authorized organization in the field of civil aviation operating in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities;

to positions related to the performance of managerial functions in government organizations or quasi-public sector entities, as well as to positions not lower than the head of an independent structural unit in these organizations related to the exercise of decision-making authority for the organization and conduct of procurement, including government, or the selection or financing, or implementation, or monitoring of projects and (or) programs financed from the state budget and (or) the National Fund of the Republic of Kazakhstan;

for positions in the State Corporation "Government for Citizens", providing for the direct provision of public services or related to the provision of public services or providing access to personal data of individuals and (or) other information, access to which is limited;

2-1) for the position specified in subparagraph 2) of this paragraph, a person who has been subject to an administrative penalty for committing an administrative corruption offense for three years prior to employment.; - Suspended until 06/16/2029 By the Law of the Republic of Kazakhstan on June 12, 2026 No. 311-VIIII SAM

During the suspension period, this paragraph is valid as follows:

"2-1) for the position specified in subparagraph 2) of this paragraph, a person who has been subject to an administrative penalty for committing an administrative corruption offense for three years prior to employment, except for the case when he was first brought to administrative responsibility for hiring a person who did not submit a declaration of assets and obligations;

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.

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Republic of Kazakhstan

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