Kazakhstan offers various types of employment agreements, including:

• Indefinite Term Employment Agreement: This contract does not have a predetermined end date and is typically preferred for long-term employment relationships.

• Fixed-Term Employment Agreement: This type of contract lasts more than one year and can be extended twice, with each extension lasting a minimum of one year. This allows for a total of three fixed terms. Once the final fixed term expires, any subsequent agreement must transition to an indefinite term.

Exceptions: Small business entities have the flexibility to enter into employment contracts for a specified period without these limitations.

Short-Term Employment Agreements

Short-term contracts (less than one year) are allowed under specific circumstances, such as:

• Completing a particular project or task.

• Replacing an employee who is temporarily absent.

• Engaging in seasonal work.

• Employment tied to a foreigner (as per the work permit duration).

• Employment within small business companies.

These options provide employers and employees with the necessary flexibility to meet various labor market demands while ensuring compliance with local employment laws.

In Kazakhstan, the probation period is a critical component of employment contracts. Here are the key points regarding probation:

• Duration: The probation period typically lasts up to three months for most employees. However, it can be extended for certain positions or as agreed upon in the employment contract.

In Kazakhstan, a standard five-day working week consists of 40 hours. Employees are entitled to various types of leave, which are outlined below:

1. Annual Paid Leave

• Employees are entitled to a minimum of 24 calendar days of paid annual leave.

• It is mandatory that one portion of this leave is no shorter than 2 calendar weeks.

2. Additional Annual Paid Leave

• Certain categories of employees may qualify for additional annual paid leave based on their specific circumstances or roles.

3. Maternity and Childcare Leave

• Maternity Leave: Female employees are entitled to up to 126 calendar days of maternity leave, which may extend to 140 days in certain cases. This includes 70 calendar days of ante-natal leave and 56 calendar days of post-natal leave. Maternity leave is paid by the employer and is based on the employee’s average monthly salary.

• Childcare Leave: After maternity leave, employees are entitled to 3 years of unpaid childcare leave to care for their child.

4. Unpaid Leave

• Employees may also request unpaid leave, which can be granted based on mutual agreement between the employer and the employee. Other forms of unpaid leave may also be available as specified in employment agreements or company policies.

In Kazakhstan, many companies go above and beyond the legal requirements to provide enhanced employee benefits. Here are some common additional benefits that employers may offer:

1. Extended Vacation Leave

• Many organizations provide longer vacation leave than the legally mandated minimum of 24 calendar days, allowing employees more time for rest and relaxation.

2. Enhanced Maternity and Sick Leave

• In addition to statutory maternity leave, companies often offer additional maternity benefits and extended sick leave to support employees during critical life events.

3. Private Health Insurance

• Employers frequently offer private health insurance plans to ensure employees have access to quality medical care beyond public health services.

4. Allowances

• Various allowances may be provided to cover specific expenses, including:

  • Meal Allowance: Support for daily meal costs.

  • Transport Allowance: Compensation for commuting expenses.

  • Mobile Phone Expenses: Reimbursement for work-related mobile phone use.

5. Cost-of-Living and Housing Allowances

• Some companies offer cost-of-living adjustments and housing allowances to help employees manage their living expenses, especially in urban areas where costs may be higher.

6. Education Allowances

• Employers may also provide education allowances to support employees in pursuing further education or professional development.

7. Company Car

• In certain positions, especially managerial roles, employees may receive a company car for business and personal use.

8. Wellness and Recreational Programs

• Many organizations promote employee well-being through wellness programs and recreational activities, encouraging a healthy work-life balance.

Foreigners can work in Kazakhstan, but specific immigration rules apply:

1. Work Permits

• Employers must obtain a work permit for foreign employees, which is required for legal employment in the country.

• The work permit is valid for a limited period and cannot be transferred to another employer.

2. Residence Permits

• Foreign workers need a residence permit to live in Kazakhstan. The duration of the employment contract must align with the validity of this permit.

• Residence permits are granted based on the work permit’s duration.

3. Visas

• Foreign nationals must obtain a work visa to enter Kazakhstan for employment. This visa is usually issued after securing a work permit.

• Different types of visas may apply based on the employee’s nationality and the nature of the work.

4. Quota Regulations

• There are quotas that limit the number of foreign workers employers can hire in Kazakhstan, ensuring a balance in the local job market.

Understanding these immigration rules is crucial for foreign workers seeking employment in Kazakhstan.

Termination of an employment contract in Kazakhstan can occur for several reasons, as outlined below:

1. Mutual Agreement

• The contract can be terminated by mutual agreement between the employee and employer.

• One party must notify the other in writing, and the receiving party has 3 working days to respond.

• The termination date will be set based on the agreement of both parties.

• The contract may allow the employer to terminate without following the notification requirement, provided a severance fee of at least the average annual wage is paid.

2. Employee Initiated Termination

• An employee can resign by giving the employer at least one month’s notice.

• During this notice period, the employee has the right to withdraw their resignation.

3. Expiry of Contract

• If the employment contract expires and both parties continue working without requesting termination, the contract is automatically extended to an indefinite duration.

4. Employer Initiated Termination (Extraordinary Dismissal)

• An employer can terminate the contract under specific circumstances as outlined in labor laws.

• Depending on the reason for dismissal, the employer must provide a notice period and may also need to pay severance.