Labour Code is the principal legal act governing labour relations. It establishes the legal framework regulating interactions between employees, employers, and state authorities, with the aim of ensuring fair working conditions, protecting labour rights, and balancing the interests of all parties. The Code defines key principles such as freedom of labour, prohibition of discrimination and forced labour, and minimum social standards. It also outlines the system of social partnership, which coordinates relations between workers, employers, and the state through collective agreements and other instruments. The Code is structurally divided into a general part and a special part. The general part sets out foundational concepts, state regulation mechanisms, and the legal status, rights, and obligations of employees and employers. The special part governs specific aspects of employment relationships, including the conclusion, modification, and termination of labour contracts, working conditions, remuneration, working hours, rest periods, and occupational safety. Employment contracts must be concluded in written form and specify essential conditions such as duties, wages, and working time, while the law provides guarantees of equal treatment and regulates issues such as probation, transfers, and non competition clauses. In particular this Labour Code establishes as follows: (a) specialists in the fields of veterinary medicine, forestry and protected natural areas who are civil servants and work in rural areas, by decision of local representative bodies, at the expense of budgetary funds, shall be granted salaries and tariff rates that are not less than twenty-five percent higher than the salaries and rates of civil servants engaged in these types of activities in urban areas; (b) regulation of the labor of workers related to crew members of sea vessels (sailing personnel); and (c) special protective measures for women are envisaged: (1) prohibition to lift or move manually weights exceeding the established maximum limits; (2) pregnant women shall retain their job (position) and average salary during the period of examination and registration for pregnancy up to twelve weeks, and shall be provided with other guarantees in accordance with the national legislation in the field of healthcare. The Code further establishes detailed protections and guarantees for employees, including rules on wages, overtime compensation, leave (annual, social, and educational), and procedures for termination of employment. It requires employers to comply with strict standards for workplace safety and to follow formal procedures when changing working conditions or dismissing workers. Overall, the Labour Code serves as a comprehensive legal framework ensuring lawful employment practices, dispute resolution mechanisms, and effective state oversight of labour relations.
Kazakhstan · 2015-11-23