Article 52. Grounds for termination of an employment contract at the initiative of the employer of the Labor Code of the Republic of Kazakhstan  

     1. An employment contract with an employee may be terminated at the initiative of the employer in the following cases::

     1) liquidation of the employer, a legal entity, or termination of the activity of the employer, an individual;  

     2) reduction of the number or staff of employees;

     3) a decrease in the volume of production, work performed and services rendered, which led to a deterioration in the economic condition of the employer;

      4) the employee's inconsistency with the position he holds or the work he performs due to insufficient qualifications, confirmed by the results of the certification;  

     4-1) non-compliance of the employee with the requirements for professional activity established by the laws of the Republic of Kazakhstan;

     5) repeated failure to pass a knowledge test on occupational safety and health or industrial safety by an employee, supervisor and the person responsible for ensuring occupational safety and health;

     5-1) deprivation of the certificate of qualification "appraiser";

     6) the employee's inconsistency with his position or the work performed due to a state of health that prevents the continuation of this work and excludes the possibility of its continuation;

     7) negative work result during the probation period;

     8) absence of an employee at work for no valid reason for three or more consecutive hours in one working day (work shift);

     9) finding an employee at work in a state of alcoholic, narcotic, psychotropic, or substance abuse intoxication (their analogues), including in cases of use during the working day of substances that cause alcohol, narcotic, or substance abuse intoxication (their analogues);

     10) refusal to undergo a medical examination to establish the fact of using substances that cause a state of alcoholic, narcotic, or substance abuse intoxication;

      11) violations by an employee of the rules of occupational safety or fire safety or traffic safety in transport, which caused or could have caused serious consequences for the life and health of employees, including industrial injuries and accidents;  

     12) the commission by an employee at the place of work of theft (including small-scale) of someone else's property, its intentional destruction or damage, established by a verdict or court order that has entered into legal force;

     13) committing culpable acts or omissions of an employee serving monetary or commodity valuables, as well as using his official position in his own interests or in the interests of a third party contrary to the interests of the employer in return for obtaining material or other benefits for himself or others, if these actions or omissions give grounds for loss of confidence in him on the part of the employer;

     14) the commission by an employee performing educational functions of immoral misconduct incompatible with the continuation of this work;

     15) disclosure by an employee of information constituting state secrets and other legally protected secrets that have become known to him in connection with the performance of work duties;

     16) repeated non-fulfillment or repeated improper fulfillment of labor duties without valid reasons by an employee who has a disciplinary penalty;

     17) an employee knowingly submits false documents or information to the employer when concluding an employment contract or transferring to another job, if the original documents or information could be grounds for refusing to conclude an employment contract or transfer to another job.;

     18) violations of labor duties by the head of the employer's executive body, his deputy, or the head of a branch, representative office, and (or) other separate structural subdivision of the employer, determined by an act of the employer, resulting in material damage to the employer;

     19) termination of the employee's access to state secrets in cases established by the laws of the Republic of Kazakhstan;

     20) the employee's failure to appear at work for more than two months in a row due to temporary disability, except in cases when the employee is on maternity leave, as well as if the disease is included in the list of diseases for which a longer period of disability is established, approved by the authorized state body in the field of healthcare.

     For an employee who has lost his ability to work due to an occupational injury or an occupational disease, place of work (position) it persists until the restoration of working capacity or the establishment of disability.;

     21) the commission of a corruption offense by an employee, which, in accordance with a judicial act that has entered into force, excludes the possibility of further work, except in cases expressly provided for by the laws of the Republic of Kazakhstan.;

      22) the employee continues to participate in the strike after bringing to his attention a court decision declaring the strike illegal or suspending the strike.;  

     23) early termination of the powers of the head of the executive body, members of the collegial executive body of a legal entity or the powers of a separate member of the executive body of a legal entity, as well as, in accordance with the Law of the Republic of Kazakhstan "On Joint Stock Companies", employees of the internal audit service and the corporate secretary by decision of the founder, owner of the property of the legal entity or authorized by the founder, owner of the person (body) or an authorized body of a legal entity;

     24) the employee reaches the retirement age established by the Social Code of the Republic of Kazakhstan, with the right to extend the term of the employment contract annually by mutual agreement of the parties;

     25) the employee's absence from work for more than one month for reasons unknown to the employer.

     1-1. An employment contract with an employee at the initiative of the employer is subject to termination in the following cases::

     1) the head, his deputy, member of the collegial management body of a quasi–public sector entity, a citizen of the Republic of Kazakhstan, has the citizenship of a foreign state.;

     2) commission of a corruption crime by an employee of the quasi-public sector.

      2. An employment contract for part-time work may be terminated at the initiative of the employer in the case of an employment contract with an employee for whom this work will be the main one.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases