Article 30. The term of the employment contract of the Labor Code of the Republic of Kazakhstan

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1. An employment contract may be concluded:

1) for an indefinite period;

2) for a fixed period of at least one year, except as provided in subparagraphs 3), 4), 5) and 6) of this paragraph.

Upon expiration of the employment contract, the parties have the right to extend it for an indefinite or definite period of at least one year.

In case of expiration of the employment contract, if neither of the parties during the last working day (shift) If she has not notified about the termination of the employment relationship, it is considered extended for the same period for which it was previously concluded, with the exception of the cases provided for in paragraph 2 of Article 51 of this Code.

An employment contract concluded for a certain period of time may be extended no more than twice.

If the employment relationship continues, the employment contract is considered concluded for an indefinite period.

The provisions of parts four and five of this subparagraph do not apply to foreign employees of autonomous educational organizations and their organizations.;

3) for the duration of a certain job;

4) for the duration of the replacement of a temporarily absent employee;

5) for the duration of seasonal work;

6) within the time limits established by the legislation of the Republic of Kazakhstan for permits to attract foreign labor, permits for labor immigrants and certificates of qualifications for self-employment issued by local executive bodies in accordance with the procedure determined by the authorized body on migration issues.

2. Small business entities may conclude employment contracts with employees for a certain period of time without the restrictions provided for in subparagraph 2) paragraph 1 of this article.

3. An employment contract with a foreign employee of a government agency is concluded for a period determined by the head of the government agency.

4. An employment contract with the head of the executive body of a legal entity is concluded by the owner of the property of the legal entity or a person (body) authorized by him or an authorized body of the legal entity or a person authorized by him for a period and in accordance with the procedure established by the laws of the Republic of Kazakhstan, constituent documents or an agreement of the parties.

In the event of the expiration of the employment contract concluded with the head of the executive body of the legal entity, if none of the parties has notified the termination of the employment relationship no later than the last business day before the expiration of the employment contract, the employment contract is extended for a year, unless another extension period is determined by documents approved by the founders, the owner of the property of the legal entity either by a person (body) authorized by the founders, the owner, or an authorized body of a legal entity.

A notice of termination of employment relations with the head of the executive body of a legal entity on behalf of the employer legal entity is signed by the owner of the property of the legal entity or a person (body) authorized by him or an authorized body of the legal entity or a person authorized by him.

5. With an employee who has reached the retirement age established by the Social Code of the Republic of Kazakhstan and has a high professional and qualification level, taking into account his working capacity, the employment contract may be extended annually without the restriction provided for in part four of subparagraph 2) of paragraph 1 of this article.

The footnote. Article 30 as amended by the Laws of the Republic of Kazakhstan dated 04/06/2016 No. 483-V (effective after ten calendar days after the date of its first official publication); dated 11/23/2015 No. 414-V (effective from 01.01.2017); dated 05/04/2020 No. 321-VI (effective after ten calendar days after the date of its first official publication); dated 07/01/2021 No. 61-VII (effective ten calendar days after the date of its first official publication); dated 12/30/2021 No. 95-VII (effective after ten calendar days after the date of its first official publication); dated 02/15/2023 No. 199-VII (effective after sixty calendar days after the date of its first official publication); dated 04/20/2023 No. 226-VII (effective from 07/01/2023).

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Republic of Kazakhstan

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