Article 64-1. Contract employees The Law on the Civil Service of the Republic of Kazakhstan

Home / RLA / Article 64-1. Contract employees The Law on the Civil Service of the Republic of Kazakhstan

1. Contract employees may be involved in government agencies for the implementation of national and other projects, the types of which are determined by the Government of the Republic of Kazakhstan.

2. Contract employees may not hold public office.

3. The procedure for attracting contract employees, the types of projects for which contract employees are involved, issues of remuneration conditions and other issues of regulating their activities are determined by the Government of the Republic of Kazakhstan.

4. The involvement of a contract employee is carried out by concluding a contract and issuing an act of the employer on the recommendation of an official of the state body responsible for the implementation of national and other projects.

Citizens employed as a contract employee must meet the established qualification requirements. The qualification requirements of the contract employee and the algorithm of his interaction with the state body are approved by the official of the state body responsible for the implementation of national and other projects, in coordination with the authorized body.

The term of the contract is set for the period of performance of the assigned tasks, but not more than one calendar year, with the possibility of extension during the period of implementation of national and other projects.

5. A contract employee has the right to:

1) require the manager to accurately define the tasks and scope of functional responsibilities according to the contract;

2) to receive information and materials necessary for the performance of their functional duties;

3) receive timely and full remuneration in accordance with the terms of the contract.

6. A contract employee must:

1) comply with the terms of the contract;

2) perform labor duties and observe labor discipline. By agreement of the parties, flexible working hours, remote work and the combination of contract service with other activities may be applied.;

3) observe generally accepted moral and ethical standards;

4) comply with the legislation of the Republic of Kazakhstan on combating corruption;

5) take measures to prevent, prevent and resolve conflicts of interest;

6) keep state secrets and other legally protected secrets, including after termination of the contract, for the time prescribed by law, and signs a corresponding non-disclosure agreement.

7. A contract employee may not:

1) to use for non-official purposes the means of material, technical, financial and information support, other state property and official information;

2) to use his official position for purposes unrelated to the performance of the contract employee's activities.

8. A citizen cannot be employed as a contract employee.:

1) under eighteen years of age;

2) recognized by the court as legally incompetent or with limited legal capacity;

3) having a medical condition that prevents the performance of functional duties, based on the conclusion of a medical institution, in cases where special health requirements for a contract employee are established in the qualification requirements.;

4) who has been subject to an administrative penalty for committing an administrative corruption offense for three years prior to being employed as a contract employee, except for the case when he was first brought to administrative responsibility as a civil servant for hiring a person who did not submit a declaration of assets and obligations.;

4-1) within two years prior to being employed as a contract employee, dismissed for committing disciplinary misconduct discrediting the civil service, as well as within one year prior to being employed as a contract employee, dismissed for non-compliance with restrictions established by the laws of the Republic of Kazakhstan, or official ethics;

5) deprived by the court of the right to engage in the type of activity for which the contract employee is involved;

6) deprived by the court of the right to hold public office for a certain period of time;

7) who committed a corruption crime;

8) having a criminal record that has not been extinguished or removed in accordance with the procedure established by law by the time he is employed as a contract employee.;

9) previously convicted or released from criminal liability for committing a crime on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan for the commission of grave or especially grave crimes;

10) excluded by the Law of the Republic of Kazakhstan dated January 10, 2025 No. 156-VIII (effective ten calendar days after the date of its first official publication). 11) excluded by the Law of the Republic of Kazakhstan dated January 10, 2025 No. 156-VIII (effective ten calendar days after the date of its first official publication).

12) in respect of whom, within three years prior to his involvement as a contract employee, a court verdict was passed for committing a criminal offense, or who, within three years prior to his involvement as a contract employee, was released from criminal liability for committing a criminal offense on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan;

12-1) in respect of whom, within five years prior to his involvement as a contract employee, a court verdict was passed for committing a minor offense, or who, within five years prior to his involvement as a contract employee, was released from criminal liability for committing a minor offense on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan;

12-2) in respect of whom, within eight years prior to his involvement as a contract employee, a court verdict was passed for committing a medium-gravity crime, or who, within eight years prior to his involvement as a contract employee, was released from criminal liability for committing a medium-gravity crime on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan. At the same time, a citizen who has or has had a criminal record or who is exempt from criminal liability on the basis of the following points cannot be involved as a contract employee. 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan for committing a crime of moderate gravity against a person, family and minors, the peace and security of mankind, the foundations of the constitutional order and the security of the state, property, the interests of service in commercial and other organizations, public safety and public order, public health and morals, the interests of the civil service and public administration, the order of administration, justice and the order of execution of punishments, constitutional proceedings, as well as for the commission of crimes of moderate severity in the field of economic activity;

13) within two years prior to being employed as a contract employee, he was dismissed for negative reasons from law enforcement, military service, from special state bodies, from service in civil protection bodies, as well as terminated the powers of a judge for negative reasons.

The effect of the first part of this subparagraph does not apply to the person:

who terminated the powers of a judge on the basis of a decision of the Commission on the Quality of Justice under the Supreme Court of the Republic of Kazakhstan on the inconsistency of his position due to professional unfitness;

dismissed due to absence from work for three or more consecutive hours without a valid reason.

IZPI's note! Part three of subparagraph 13) is effective from 01.01.2027, in accordance with the Law of the Republic of Kazakhstan dated 10.01.2025 No. 156-VIII (text deleted).

14) in other cases stipulated by the laws of the Republic of Kazakhstan.

The presence of any of the cases specified in the first part of this paragraph is the basis for refusing to involve a citizen as a contract employee.

9. In order to avoid conflicts of interest, a citizen who is a close relative, spouse, and/or relative of government employees involved in the implementation of projects cannot be accepted as a contract employee.

Obligations to take measures to prevent and resolve conflicts of interest, as well as to prevent them, are set out in the contract.

A contract employee is granted annual paid leave in accordance with the labor legislation of the Republic of Kazakhstan.

10. The activities of contract employees involving work with state secrets are carried out in accordance with the procedure established by the legislation of the Republic of Kazakhstan on state secrets.

11. The schedule of work and other individual working conditions of a contract employee are established in the contract by agreement of the parties.

The terms of remuneration of a contract employee are established in the contract by agreement of the parties, indicating the time (stages of implementation of tasks, projects), quantitative and (or) qualitative parameters of the amount of work performed (tasks set).

The remuneration of contract employees is carried out by saving funds provided for the maintenance of a government agency or the implementation of national and other projects.

12. The contract may be terminated by agreement of the parties, and other conditions for termination of the contract, as well as amendments and additions to it, are set out in the contract.

Disputes between a contract employee and a government agency are resolved in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

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Republic of Kazakhstan

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