At a glance: hiring employees in Kazakhstan

Background information on applicants

Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?

Employers are entitled to obtain the relevant information directly from employees, but cannot obtain an applicant’s criminal or credit record directly from publicly available sources. Applicants for employment in certain professions (positions) must provide information on the absence of certain entries in criminal records. Security checks can be conducted if the position is security-sensitive (eg, national security officers). Hiring a third party to conduct background checks is not regulated and does not appear to be prohibited, provided the third party conducts its activities under the law.

Are there any restrictions or prohibitions against requiring a medical examination as a condition of employment?

There are no prohibitions on requiring a medical examination as a condition of employment. Medical examination as a condition of employment is expressly required for certain occupations where the physical ability and condition of an applicant are essential to the work to be performed (eg, heavy lifting or dangerous work, work under harmful or hazardous conditions, etc), and for certain categories of applicants (eg, employees of public food courts or children’s healthcare organisations). Moreover, under the Health and Healthcare System Code, employers may not employ persons who have not undergone medical examinations for certain activities. Therefore, an employer may, in some cases, refuse to hire an applicant who does not undergo a medical examination and submit the results to the employer or may terminate an employment agreement if an employee refuses to undergo a medical examination to establish the fact that he or she uses substances that cause alcoholic, narcotic or inhalant intoxication.

Are there any restrictions or prohibitions against drug and alcohol testing of applicants?

There are no restrictions or prohibitions on drug and alcohol testing of applicants. Moreover, certain normative acts even require such tests before employment (eg, for those who wish to be employed in the national security forces).

Hiring of employees

Are there any legal requirements to give preference in hiring to, or not to discriminate against, particular people or groups of people?

No, there are no such legal requirements. The Labour Code permits an employer to provide exceptions, preferences and benefits to citizens requiring social and legal protection, and such exceptions, preferences and benefits are not considered discrimination.

Must there be a written employment contract? If yes, what essential terms are required to be evidenced in writing?

Yes, a written employment contract is mandatory. Employment contracts must contain the following:

• the parties’ details:
  • for an employer (individual):
    • last name, name and patronymic (if specified in the document certifying the identity);
    • address of the permanent place of residence and information on the registered address;
    • title, number and date of issue of the document certifying the identity; and
    • individual identification number;
  • for an employer (legal entity):
    • full name and address of the employer;
    • number and date of the state registration;
    • business identification number; and
  • for an employee:
    • last name, name and patronymic (if specified in the identification document) of the employee;
    • address of the permanent place of residence and information on the registered address;
    • title, number and date of issue of the identification document; and
    • individual identification number; and
• a job description under the specific profession or qualification;
• the workplace location;
• the employment contract term;
• the starting date;
• work hours and rest time;
• remuneration terms;
• a description of work conditions, guarantees and privileges where the work is recognised as heavy or is performed under harmful or hazardous conditions;
• the rights and obligations of the employee;
• the rights and obligations of the employer;
• the procedure for the amendment and termination of the employment contract;
• liabilities of the parties;
• the date of the employment contract and its serial number;
• the terms and conditions on equipping the workplace, in case an employment contract is entered into with a disabled person; and
• other provisions (that do not contradict the laws of Kazakhstan), which can be included in the employment contract upon mutual agreement of parties.

To what extent are fixed-term employment contracts permissible?

The general rule is that employment contracts should be valid for at least one year. A fixed-term employment contract for less than one year is permissible only:

• when there is a need for substitution of a temporarily absent employee;
• for the duration of a specific project or the performance of seasonal works; or
• within the term of a work permit or permission of a foreign employee or foreign labour immigrant.

One year fixed-term rules do not apply to small business enterprises.

An expired employment contract may be extended for an undefined period or a period of not less than one year (such a one-year extension may happen only twice, except for small business enterprises that are not limited in the number of extensions). An employment contract with an employee of retirement age can be extended every year without the above-mentioned limitation. An employment contract with the executive body of a legal entity (eg, a chief executive officer or president) must be concluded for a fixed term established by a company’s constitutional documents or as agreed between an employee and employer in the employment contract within the permitted maximum term.

What is the maximum probationary period permitted by law?

The maximum probationary period is three months. However, such a term can be extended to six months for the chief executive and his or her deputies, the chief accountant and his or her deputies, and heads of branches or representative offices.

What are the primary factors that distinguish an independent contractor from an employee?

An independent contractor’s work is governed by civil law contract rules (eg, a service agreement). An independent contractor is free to determine and agree on the terms and conditions of his or her work. Employees, on the other hand:

• are hired based on employment contracts governed by the Labour Code;
• are part of an employer’s operational organisation;
• perform work personally and specific to their roles within the organisation;
• are paid monthly regardless of the results of their work; and
• must comply with internal labour policies.

Independent contractors can be subject to, depending on the terms and conditions of the relevant service agreement, material (commercial) liabilities for undue provision of services. Independent contractors are not entitled to compensation payments or minimal paid vacation. The agreement termination process is also different.

Is there any legislation governing temporary staffing through recruitment agencies?

No, there are no such specific regulations. Recruitment agencies can provide their services based on regular commercial service agreements.