On amendments and additions to certain legislative acts of the Republic of Kazakhstan on improving safe working conditions, protecting workers' labor rights and social security
The Law of the Republic of Kazakhstan dated April 7, 2026 No. 277-VIII SAM
Note from <url>!
For the procedure for the enactment of this Law, see art. 2.
Article 1. To make amendments and additions to the following legislative acts of the Republic of Kazakhstan:
1. To the Labor Code of the Republic of Kazakhstan dated November 23, 2015:
1) in article 16:
in subparagraph 33):
replace the word "approves" with the word "defines";
Replace the words "specialized products for dietary (therapeutic and preventive) use" with the words "dietary therapeutic and dietary preventive food products";
replace the word "establishes" with the word "defines";
in subparagraph 34), replace the words "specialized products for dietary (therapeutic and preventive) use" with the words "dietary therapeutic and dietary preventive food products";
2) Subparagraph 6) of paragraph 1 of Article 22 shall be worded as follows:
"6) payment for downtime, overtime, work on holidays, weekends, and at night in accordance with this Code;";
3) in article 26:
subparagraph 4) of paragraph 1 after the words "migration of the population," add the words "with the exception of foreigners and stateless persons included in the list of persons determined by the Government of the Republic of Kazakhstan, for whom it is not necessary to obtain a permit from local executive bodies to carry out work,";
add paragraph 1-1 as follows:
"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.";
4) add the words "or the certificate of an asylum seeker" to subparagraph 2) of paragraph 1 of article 32;
5) in subparagraph 13) of paragraph 1 of Article 52, the words ", as well as" should be replaced by the words "and (or)";
6) in paragraph 2 of article 54:
replace the words "single mothers raising" with the words "single parent raising";
Replace the word "mother" with the word "parent";
7) in the first part of paragraph 4 of Article 68:
replace the words "single mothers raising" with the words "single parent raising";
Replace the word "mother" with the word "parent";
8) add paragraph 10 to article 75 as follows:
"10. In the case of cumulative accounting of working hours, overtime hours for the accounting period are defined as the difference between the hours actually worked and the norm of hours for the accounting period according to the balance of working hours, with the exception of hours worked on holidays and weekends.";
9) delete the second part of paragraph 2 of Article 111;
10) in article 157:
Add sub-paragraphs 10), 11) and 12) to the second part of paragraph 1 as follows:
"10) on the acceptable ratio between the maximum and minimum wages for the relevant profession, position in the organization;
11) on the procedure and conditions for the implementation of public control over compliance with the labor legislation of the Republic of Kazakhstan in the organization;
12) on the payment of benefits and compensation payments, including in case of accidents related to work.";
Sub-paragraph 17) of paragraph 2 should be deleted;
11) in paragraph 3 of article 159:
after the words "rules of procedure of the conciliation commission," add the words "procedure for involving an independent mediator in the work of the conciliation commission and participation in it,";
add parts three and four of the following content:
"The proposal for the mediator's participation in the work of the conciliation commission must be considered by the other party within two working days.
In all cases involving intermediaries, written consent to mediation must be obtained from them.";
12) paragraph 7 of Article 166 after the word "which" should be supplemented with the words "by this Code and (or)";
13) subparagraph 4) of paragraph 2 of Article 172 should be supplemented with the second part as follows:
"For organizations operating hazardous production facilities, the suspension of which is associated with serious and dangerous consequences and (or) poses a threat to the national security of the Republic of Kazakhstan, the minimum required work (services) (hereinafter referred to as the minimum required work (services) during the strike period includes:
continuity of production processes;
uninterrupted and safe operation of technological equipment, installations and technical facilities;
performing the functions of maintenance, production control and ensuring the stable and safe operation of such facilities.";
14) add the following parts to Article 174: parts two, four, five, six and seven:
"In case of suspension of the strike, employees are obliged to return to work no later than the next day after the relevant decision is brought to their attention.";
"In organizations operating hazardous production facilities, the suspension of which is associated with serious and dangerous consequences and (or) poses a threat to the national security of the Republic of Kazakhstan, the employer and employees during the strike are required to provide a minimum of necessary work (services).
The list of works (services) included in the minimum required works (services), as well as the employees involved in their performance (provision), is determined by the act of the employer.
The employer is obliged to notify the employees involved in the performance (provision) of the minimum necessary work (services) in advance about their involvement in such work.
Employees who directly perform (provide) the minimum necessary work (services) are not entitled to participate in a strike for the period of their performance (provision) of the specified work (services).";
15) in paragraph 1 of article 175:
the words "(except for the cases provided for in paragraph 1 of Article 176 of this Code)" should be deleted;
add the following part of the second part:
"This guarantee does not apply to cases of organizing or participating in strikes that are illegal in accordance with paragraph 1 of Article 176 of this Code.";
16) in the first part of paragraph 1 of Article 176:
In subparagraph 1), the words "in organizations that are hazardous production facilities;" should be deleted.;
in subparagraph 2-1):
replace the words "at hazardous production facilities, suspension" with the words "in organizations operating hazardous production facilities, suspension";
replace the word "connected" with the word "connected";
after the word "consequences", add the words "and (or) poses a threat to the national security of the Republic of Kazakhstan";
replace the words "the uninterrupted operation of the main equipment and mechanisms has been ensured" with the words "the minimum necessary work (services) has been provided";
in subparagraph 3), replace the words "announcements without consideration" with the words "announcements or conduct in violation";
17) in subparagraph 4) of paragraph 2 of Article 182, the words "specialized products for dietary (therapeutic and preventive) use" should be replaced by the words "dietary therapeutic and dietary preventive food products".;
18) add paragraph 2-1 to Article 184 as follows:
"2-1. The employer is responsible for the improper creation of work safety conditions in accordance with the laws of the Republic of Kazakhstan.";
19) in article 187:
subparagraph 3) of paragraph 1, after the words "accident", add the words "spouse or";
in subparagraph 2) of paragraph 2, replace the words "at hazardous production facilities" with the words "in organizations operating hazardous production facilities";
20) in article 188:
In paragraph 5, replace the words "at a hazardous production facility" with the words "in an organization operating hazardous production facilities";
in subparagraph 1) of paragraph 6, replace the words "at hazardous production facilities" with the words "in organizations operating hazardous production facilities";
Paragraph 7 should be supplemented with the second part as follows:
"The commission has the right to participate without the right to vote at the will of the employee, and in case of his death – at the will of the spouse or close relatives, as his representative, a lawyer or legal consultant who provides legal assistance to the employee, and in case of his death – to the spouse or close relatives in accordance with the Law. Of the Republic of Kazakhstan "On advocacy and legal assistance".";
21) add paragraph 4 to article 188-1 as follows:
"4. A representative of an insurance company that has a corresponding contractual relationship with the employer or the victim may participate in the work of the commission.
The work of the commission may be attended without the right to vote by the will of the employee, and in case of his death – by the will of the spouse or close relatives as his representative, a lawyer or legal consultant who provides the employee, and in case of his death – to the spouse or close relatives of legal assistance in accordance with the Law of the Republic Kazakhstan "On Advocacy and legal assistance".";
22) in article 190:
in the second part of paragraph 2:
after the word "negligence" add the word "victim";
replace the words "applies mixed liability of the parties and determines the degree of guilt of the employee and the employer as a percentage" with the words "establishes the degree of guilt of the victim as a percentage, but not more than twenty-five percent";
in subparagraph 2) of the first part of paragraph 4, the words "at hazardous production facilities" should be replaced by the words "in organizations operating hazardous production facilities";
23) in subparagraph 3) of the second part of Article 192, the words "statements and complaints of employees and employers" should be replaced by the words "employees, employers and their representatives";
24) in subparagraph 4) of Article 194, replace the words "and employers" with the words ", employers and their representatives";
25) paragraph 1 of Article 198, after the words "employer", "employer", shall be supplemented respectively with the words "or employee", "or employee";
26) add the words "who reports directly to the first head of the organization" to paragraph 3 of article 202.
2. To the Code of the Republic of Kazakhstan dated July 7, 2020 "On the Health of the People and the Healthcare System":
Add subparagraph 98-1) to article 7 as follows:
"98-1) approves the rules for determining the severity of an occupational injury;".
3. To the Social Code of the Republic of Kazakhstan dated April 20, 2023:
1) Subparagraph 5) of Article 12 should be supplemented with the thirty-first paragraph as follows:
"the standard of the network of organizations providing special social services;";
2) paragraph 4 of Article 101 should be supplemented with the words ", for persons raising a child with a disability under the age of eighteen, in flexible working hours";
3) subparagraph 8) of paragraph 1 of Article 208, after the word "mother", add the words "or a non-working father (when he takes actual care)".
4. To the Law of the Republic of Kazakhstan dated January 23, 2001 "On Local Government and Self-government in the Republic of Kazakhstan":
1) Subparagraph 12-2) of paragraph 1 of Article 6 shall be worded as follows:
"12-2) development and approval of the rules for awarding the title of "Honorary Citizen of the region (city, district)", developed on the basis of standard rules approved by the authorized body on the use of state symbols of the Republic of Kazakhstan;";
2) Delete subparagraph 23) of paragraph 1 of Article 27.
5. To the Law of the Republic of Kazakhstan dated May 16, 2014 "On Permits and Notifications":
1) paragraph 1 of Article 28 should be supplemented with subparagraph 28) as follows:
"28) provision of special social services.";
2) column 3 of line 88 of Appendix 1 should be worded as follows:
"1) Subspecies I – carrying out activities for the provision of special social services in a hospital setting for:
children with disabilities;
persons with disabilities over the age of eighteen;
people who are unable to self-serve due to their advanced age;
2) Subspecies II – implementation of activities for the provision of special social services in a semi-stationary environment for:
children with disabilities;
persons with disabilities over the age of eighteen;
people who are unable to self-serve due to their advanced age;
3) III subspecies – the implementation of activities for the provision of special social services in conditions of temporary stay for:
persons without a fixed place of residence;
persons released from prison and/or registered with the probation service;
victims of abuse;
4) Subspecies IV – the implementation of activities for the provision of special social services in home care for:
children with disabilities;
persons with disabilities over the age of eighteen;
persons who are not capable of self-care due to their advanced age.".
6. To the Law of the Republic of Kazakhstan dated July 1, 2024 "On Public Procurement":
Subparagraph 18) of paragraph 3 of Article 16 shall be worded as follows:
"18) purchase of services to assess and determine the need for special social services;".
Article 2. This Law shall enter into force sixty calendar days after the date of its first official publication.
President
Republic of Kazakhstan
K. TOKAEV
© 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
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