.png)
Time Limits for Filing Individual Labor Disputes (Article 160 of the Labor Code)
The following time limits are established for filing individual labor disputes with a conciliation commission or in court:
For disputes concerning reinstatement at work – one month from the date the employee receives or is sent by registered mail with delivery confirmation a copy of the employer’s act on termination of the employment contract, to apply to the conciliation commission. To apply to the court – two months from the date of receiving or being sent a copy of the decision of the conciliation commission regarding unresolved disputes or non-execution of its decision by a party to the employment contract.
For other labor disputes – one year from the date when the employee (including former employees) or the employer became aware or should have become aware of the violation of their rights.
The time limit for filing individual labor disputes is suspended during the validity of a mediation agreement concerning the labor dispute and in the absence of a conciliation commission until its establishment. If the time limit is missed for valid reasons, the conciliation commission may restore the time limit if there are valid grounds and resolve the dispute on its merits. The commission independently determines whether the reasons for missing the deadline are justified.
For participants in labor relations who are entitled to apply directly to the court without first applying to the conciliation commission, the following deadlines apply: for reinstatement disputes – three months from the date the employee receives or is sent a copy of the employer’s act on termination of the employment contract; for other labor disputes – one year from the date of becoming aware of the violation of rights.
From the above legal provisions, it follows that for resolving individual labor disputes between the parties to an employment contract, the law establishes a pre-trial procedure (conciliation commission), except for certain categories of employees. Only after receiving the decision of the commission regarding an unresolved issue or its non-execution by a party, the dispute may be referred to the court. In case of the absence of a commission, the time limit is suspended until it is established and does not result in expiration.
According to paragraph 3 of Article 159 of the Labor Code, the procedure for the formation and operation of the conciliation commission is defined by an agreement or a collective agreement.
Case Example:
M. filed a lawsuit against LLP No. 1 and LLP No. 2, seeking to declare his dismissal orders unlawful, recover unpaid wages, and request payment of mandatory pension contributions and social health insurance deductions.
Decision of the Kordai District Court (Zhambyl Region), December 2, 2021:The court denied the claims in full, reasoning that M. was hired as a procurement officer under contracts dated May 13, 2020, and the dismissal was based on his own resignation letters. He refused to acknowledge the dismissal orders on July 14, 2020. The employer settled all payments after termination.
Court of Appeal Decision, March 5, 2022:The decision was amended, the dismissal orders were declared illegal, and unpaid wages were awarded. The appellate court noted that M. had previously filed claims (May 18, 2021, and July 1, 2021), thus the statute of limitations was not missed.
However, M. formally challenged the dismissal orders only on September 16, 2021, over a year after the dismissal (July 13, 2020). He failed to provide valid reasons for the delay. Therefore, the appellate court’s decision to overturn the lower court’s ruling was deemed improper.
Pre-Trial Dispute Resolution (Article 159 of the Labor Code):
Article 148 of the Civil Procedure Code (CPC) requires plaintiffs to indicate compliance with pre-trial procedures when required by law or contract.
According to Article 159(1) of the Labor Code, individual labor disputes are resolved by conciliation commissions, except disputes involving micro-business employers, non-profits with 15 or fewer employees, domestic workers, executive bodies, and others with similar exceptions.
Such workers are not required to apply to a conciliation commission. This also applies to employees governed by special laws (e.g., military personnel, law enforcement, public officials).
Jurisdiction:
Under paragraph 5 of the Normative Resolution of the Supreme Court of Kazakhstan No. 9 (October 6, 2017), labor disputes are filed based on general civil procedure rules: at the legal entity’s location or the employer’s residence.
Article 29 CPC: a lawsuit against a legal entity is filed at its registered address.
Article 30 CPC allows suits to be filed where the branch is located if the legal entity is the defendant.
Jurisdictional Example:The Ust-Kamenogorsk City Court transferred a claim to the interdistrict court of Astana, as the employer was registered there.Under Article 19 of the Labor Code, the head of a foreign company's branch has full authority as an employer. Thus, claims can be filed at the branch's location, provided the authority is confirmed.
Labor Disputes During Rehabilitation or Bankruptcy:
According to Article 35(8) CPC, cases related to bankruptcy or rehabilitation are handled by the same judge who made the respective decision, except for cases governed by Article 31 CPC.
Example:The Aktobe court returned a lawsuit due to jurisdiction, citing rehabilitation procedures. However, the appellate court reversed this, as the dispute was based on labor rights and unrelated to rehabilitation procedures. Labor disputes like reinstatement or wage claims fall under general courts.
State Duty:
Under Article 610(7) of the Tax Code (TC), a state duty of 0.5 MCI is charged for non-property claims.
Per Article 951(1) of the Civil Code (CC), moral damage relates to the violation or deprivation of non-material personal rights.
Under Article 149 CPC, a receipt of state duty payment must be attached.
However, under Article 616(1) TC, claimants are exempt from paying state duty for wage-related claims.
If the claim is satisfied, the duty is collected from the defendant (unless exempt), as per Article 117 CPC.
Courts sometimes wrongly accept claims without the required duty, contrary to Article 149(1)(2) CPC.
Example:A. filed a claim for wage arrears, penalties, and moral damage. The Zhetysu District Court (Almaty) ruled in her favor. The employer was ordered to make wage and pension payments for June–August 2021.
Legal Framework:
Applicable legal instruments in such cases include:
Constitution of the Republic of Kazakhstan;
Civil Code (General & Special Parts);
Civil Procedure Code (2015);
Labor Code (2015);
Tax Code (2017);
Entrepreneurial Code (2015);
Code on Public Health (2020);
Law on Trade Unions;
Law on Enforcement Proceedings (2010);
Law on Notaries (1997);
Law on Partnerships with Limited Liability (1998);
Law on Joint Stock Companies (2003);
Normative Resolutions of the Supreme Court:
On labor dispute legislation (Oct 6, 2017, No. 9);
On compensation for moral harm (Nov 27, 2015, No. 7);
On court decisions in civil cases (July 11, 2003, No. 5);
On court costs in civil cases (Dec 25, 2006, No. 9).
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
