Employment Contracts, Probation and Dismissal in Kazakhstan in 2026: Labour Code No. 414-V After Laws 277-VIII and 295-VIII

The employment contract in Kazakhstan is governed by Code of the Republic of Kazakhstan No. 414-V ZRK of 23 November 2015, the Labour Code of the Republic of Kazakhstan, in force since 1 January 2016 and, as at September 2026, not replaced by any new code. Ten amending laws touching the Code were adopted in 2026, and two of them reshaped hiring and dismissal directly: Law of the RK No. 277-VIII of 7 April 2026 (effective 8 June 2026) and Law of the RK No. 295-VIII of 3 June 2026 (effective 4 August 2026). A probationary period may not exceed three months, rising to six months for heads of organisations and their deputies, chief accountants and their deputies, and heads of branches and representative offices. Dismissal at the employer’s initiative is lawful only on one of the twenty-seven grounds listed in article 52(1) of the Code and only if the procedure in article 53 is followed.

Important. Since 8 June 2026, article 26(1-1) of the Labour Code expressly prohibits concluding a civil-law contract with an individual where that contract contains even one of the distinguishing features of an employment contract set out in article 27. Such a contract is treated as an employment contract regardless of what the parties called it. This is the most far-reaching amendment of 2026: it moves the risk of recharacterising independent-contractor arrangements out of judicial discretion and into an express statutory prohibition.

Key parameters of Kazakh employment relations in 2026

The table below collects the figures an employer needs most often. Each value is cited to the specific provision that sets it.

Parameter	Value	Provision
Minimum term of a fixed-term employment contract	1 year (subject to four exceptions)	art. 30(1)(2) Labour Code
Maximum number of extensions of a fixed-term contract	2	art. 30(1)(2) Labour Code
Maximum probationary period (general rule)	3 months	art. 36(2) Labour Code
Maximum probationary period (executives, chief accountants, heads of branches)	6 months	art. 36(2) Labour Code
Notice to the employee on liquidation and redundancy	not less than 1 month	art. 53(1) Labour Code
Notice on a decline in output	15 working days	art. 53(2) Labour Code
Notice by an employee resigning	not less than 1 month	art. 56(1) Labour Code
Reply to a proposal to terminate by mutual agreement	3 working days	art. 50(2) Labour Code
Final settlement on termination	not later than 3 working days	art. 113(4) Labour Code
Severance on liquidation and redundancy	1 month’s average wage	art. 131(1) Labour Code
Severance on a decline in output	2 months’ average wage	art. 131(2) Labour Code
Filing a new contract in the unified register (ЕСУТД)	5 working days	para 7 of the Rules, Order No. 353
Filing a termination in the unified register (ЕСУТД)	3 working days	para 12 of the Rules, Order No. 353
Time limit to apply to the conciliation commission on reinstatement	1 month	art. 160(1) Labour Code
Maximum pay for enforced absence on reinstatement	not more than 6 months	art. 161(1) Labour Code
Statutory minimum wage (MZP) for 2026	KZT 85 000	art. 7 of Law No. 239-VIII
Monthly calculation index (MRP) for 2026	KZT 4 325	art. 7 of Law No. 239-VIII

The legislative base: which instruments govern an employment contract in Kazakhstan

The legislative base for the employment contract in Kazakhstan is built around one codified act, joined by a subordinate instrument on the electronic register of contracts, the administrative-liability provisions, sectoral statutes and normative resolutions of the higher courts. The instruments in force, with full citations, are listed below.

The principal act is Code of the Republic of Kazakhstan No. 414-V ZRK of 23 November 2015, the Labour Code of the Republic of Kazakhstan. It was adopted on 23 November 2015 and brought into force on 1 January 2016. These are two distinct events and should be kept apart: the Code’s transitional provisions (article 204) brought individual rules into force only from 1 January 2017.

Alongside the Code, an employment contract is governed by:

•          Order No. 353 of the Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan of 3 September 2020, approving the Rules on submitting and obtaining information about an employment contract in the unified register of employment contracts (registered with the Ministry of Justice on 4 September 2020 under No. 21173). Amended by Order No. 442 of 25 November 2021 and by Order No. 163 of the Acting Minister of 30 April 2026, in force from 12 July 2026.

•          Code of the Republic of Kazakhstan No. 235-V of 5 July 2014 on Administrative Offences — articles 86, 87, 90 and 98 impose liability on the employer.

•          Law of the Republic of Kazakhstan No. 211-V of 27 June 2014 on Trade Unions — article 26 gives additional protection to members of elected trade-union bodies.

•          Law of the Republic of Kazakhstan No. 239-VIII of 8 December 2025 on the Republican Budget for 2026–2028 — article 7 sets the minimum wage and the monthly calculation index for 2026.

•          Constitutional Law of the Republic of Kazakhstan No. 438-V of 7 December 2015 on the Astana International Financial Centre — a separate legal regime for AIFC participants and bodies.

The 2026 amendments: what changed and when it took effect

Only those 2026 laws that touched the rules on concluding, amending and terminating an employment contract are listed. The dates of first official publication are taken from the document record in the Әділет legal information system.

Law	Published	In force from	What it changed for employment contracts
Law of the RK No. 277-VIII of 7 April 2026	8 April 2026	8 June 2026	New art. 26(1-1) (recha­racte­risation of civil-law contracts); art. 26(1)(4); art. 32(1)(2); art. 52(1)(13); art. 54(2) (sole parent replaces single mother); art. 159(3) (mediator)
Law of the RK No. 295-VIII of 3 June 2026	4 June 2026	4 August 2026	Art. 25 (written reasons for refusal); art. 30 (the last working day); art. 46; art. 51(2); art. 56(5) (materially responsible employees); art. 57(1)(1); art. 65(2); art. 159(1)
Law of the RK No. 311-VIII of 12 June 2026	13 June 2026	13 August 2026	Arts. 26, 52 and 53 — the anti­-corru­ption block; some provisions commence on other dates and the operation of several is suspended for three years
Law of the RK No. 334-VIII of 7 July 2026	8 July 2026	7 September 2026	Art. 32(1)(3) restated and a new art. 32(1)(3-1) — education and professio­nal-qua­lification documents

Note. The amendments to article 32 made by Law No. 334-VIII take effect on 7 September 2026, that is, after this article was published. Until that date the previous list of documents applies.

Citing repealed instruments is the single most common error in Kazakh commentary

Normative Resolution No. 9 of the Supreme Court of the Republic of Kazakhstan of 6 October 2017 on certain questions of the application by the courts of legislation in resolving employment disputes is no longer in force. It was repealed by Normative Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan of 28 November 2024, which carries the same title. Resolution No. 9 is still reproduced as current on HR and accounting websites; that is wrong, and citing it in an HR document or in a defence to a claim is citing a repealed instrument.

The instrument in force is Normative Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan of 28 November 2024. It is that resolution which governs judicial practice in employment disputes in 2026.

Employment contract versus civil-law contract: where the line runs after 8 June 2026

A civil-law contract in Kazakhstan is a contract for services or for work concluded under the Civil Code, which does not create an employment relationship. Since 8 June 2026 the boundary between it and an employment contract has been drawn in statute, rigidly and asymmetrically in favour of employment.

Article 27 of the Labour Code names three distinguishing features of an employment contract and requires any one of them, not all three:

1.        the employee performs work (a labour function) requiring a specified qualification, in a specified speciality, profession or position;

2.        obligations are performed personally, with subordination to the internal labour rules;

3.        the employee receives wages for the work.

The statutory wording — the presence in the contract of one of the following conditions — is the key to the whole construction. A single feature is enough.

What Law No. 277-VIII actually introduced

Law of the Republic of Kazakhstan No. 277-VIII of 7 April 2026 added a new paragraph 1-1 to article 26 of the Labour Code:

“It shall not be permitted to conclude a civil-law contract with an individual where that contract contains at least one of the distinguishing features of an employment contract provided for in article 27 of this Code.

A contract containing one or more of the distinguishing features of an employment contract provided for in article 27 of this Code shall be recognised as an employment contract irrespective of what the parties in fact named it, and shall give rise to legal consequences in accordance with the labour legislation of the Republic of Kazakhstan.”

The provision has applied since 8 June 2026. It contains two independent sentences: the first is a prohibition on concluding such a contract, the second is a rule of automatic recharacterisation. The second sentence requires neither a court judgment nor an act of the state labour inspector: the contract “shall be recognised” as an employment contract by operation of law.

What this means for common arrangements

Read literally, feature 3 — receipt of wages for work — captures almost any regular payment to an individual for personal labour. Feature 2 — personal performance with subordination to the internal labour rules — captures a contractor required to work at the client’s premises on a set schedule. The most exposed arrangements are:

•          contracts with long-term freelancers who work to the client’s schedule;

•          civil-law contracts with former employees performing their former role;

•          civil-law contracts that specify a position rather than a deliverable;

•          civil-law contracts with a fixed monthly fee not tied to an acceptance certificate.

What is not caught automatically is a contract with a registered individual entrepreneur or with a legal entity. Article 26(1-1) is addressed to contracts with an individual.

The Supreme Court’s position

Paragraph 7 of Normative Resolution No. 1 of the Supreme Court of 28 November 2024 directs the courts to distinguish civil-law relations from employment relations and states that employment may be indicated where the worker personally performs work requiring a specified qualification, in a specified speciality, profession or position, with subordination to the internal labour rules, and the employer pays wages for that work.

The resolution is framed on the words “may be indicated”: it describes the typical constellation of features rather than laying down a closed cumulative test. It cannot be read as requiring all three conditions at once — article 27 speaks expressly of the presence of one of the conditions, and article 26(1-1) as it stands from 8 June 2026 of the presence of at least one distinguishing feature. In assessing recharacterisation risk, the alternative test applies, not the cumulative one.

Admitting someone to work without a contract

Article 33(3) of the Labour Code provides that a person may be admitted to work only after an employment contract has been concluded. Where the contract is absent or improperly executed through the employer’s fault, the employment relationship is deemed to have arisen on the day the employee started work. The administrative sanction is article 86 of the Code on Administrative Offences: from 30 to 150 MRP depending on the size of the business.

If you are structuring hiring in Kazakhstan at the same time as incorporating, it is worth looking first at how an LLP is registered and how visas work for foreign founders — the corporate form determines who signs employment contracts and who is answerable for filing them.

Contents and form of the employment contract: thirteen mandatory elements

The contents of an employment contract are the terms the Code requires the document to contain, failing which the contract is treated as improperly executed. Article 28(1) of the Labour Code lists thirteen mandatory elements, and the list is closed.

No.	Mandatory term	Comment
1	Particulars of the parties	Name and address of an individual employer, name and seat of a corporate employer, IIN/BIN, the employee’s identity document and IIN
2	Work requiring a specified qua­lifica­tion, in a specified speciality, profession or position (the labour function)	The same condition is a disti­ngui­shing feature under art. 27
3	Place of work	Not stated for remote work, except combined remote work
4	Term of the contract	See the section on term
5	Start date	The probationary period also runs from this date
6	Working time and rest time regime
7	Amount and other conditions of pay	Not below the minimum wage of KZT 85 000
8	Description of working conditions, guarantees and benefits	Where the work is heavy, harmful or dangerous
9	Rights and obligations of the employee
10	Rights and obligations of the employer
11	Procedure for amending and terminating the contract
12	Liability of the parties
13	Date of conclusion and sequential number	Both are filed in the unified register

Article 28(2) additionally requires a contract with a person with a disability to set out the arrangements for equipping the workplace to that person’s individual capabilities. Article 28(3) allows the parties to agree further terms that do not conflict with legislation.

A probationary clause is not one of the thirteen mandatory elements. It falls within the “other terms” of article 28(3) and is permitted by article 36. The practical consequence is that a probationary period must be written into the contract itself, not into the hiring order and not into the internal labour rules.

Form of the contract and electronic signature

Article 33(1) provides that an employment contract is concluded in writing in at least two counterparts and signed by the parties, one counterpart being held by each. Conclusion of the contract and any amendments may be made in the form of an electronic document authenticated by an electronic digital signature. The electronic form has the same standing as paper; no separate paper duplicate is required.

Amendments are made by a written supplementary agreement. A notice of a change to the terms of the contract is served by one party and considered by the other within five working days of service (article 33(2)).

Equality on hiring and a new duty from 4 August 2026

Article 25 prohibits any breach of equality of rights and opportunities on the conclusion of an employment contract and states expressly that pregnancy, having children under three, being a minor and disability may not restrict the right to conclude a contract, save in the cases provided by the Code.

Law No. 295-VIII added a new paragraph to article 25(2): at the request of a person in one of those categories, the employer must state in writing the reason for refusing to conclude an employment contract. The rule has applied since 4 August 2026.

Separately, article 90 of the Code on Administrative Offences penalises publishing a vacancy advertisement containing discriminatory requirements: from 15 MRP for an individual to 100 MRP for a large business.

Documents required to conclude a contract

Article 32(1) lists five documents: the identity card or passport of a Kazakh citizen (a birth certificate for those under sixteen, a kandas certificate for kandases); a foreign national’s residence permit, a stateless person’s certificate, a refugee certificate or an asylum-seeker’s certificate; an education document, a document recognising professional qualification (where one exists) and a document evidencing special knowledge or vocational training, where the work requires the corresponding knowledge and skills; a document evidencing employment history (for those with prior service); and a document confirming a preliminary medical examination (for those required to undergo one).

Article 32(6) forbids the employer to demand documents not listed in that article. Article 32(7) obliges an employer keeping originals to issue a written undertaking to return them.

From 7 September 2026 article 32(1)(3) applies in a new wording and a new article 32(1)(3-1) is added, under Law of the Republic of Kazakhstan No. 334-VIII of 7 July 2026.

Term of the contract: the one-year rule and the cap on rolling extensions

The term of the contract is a mandatory element under article 28(1)(4). Article 30(1) allows six possibilities, and only two of them give the employer real freedom.

Option	Provision	Constraint
Indefinite term	art. 30(1)(1)	None
Fixed term	art. 30(1)(2)	Not less than one year; not more than two extensions
For the duration of specific work	art. 30(1)(3)	Expiry date is the day the work is completed
To replace a temporarily absent employee	art. 30(1)(4)	Expiry date is the day the absent employee returns
For seasonal work	art. 30(1)(5)	Season not exceeding one year; no probationary period permitted
Within the term of the forei­gn-la­bour permit, the labour immigrant permit or the certificate of qualification conformity for independent job placement	art. 30(1)(6)	Term tied to the permit

A fixed-term employment contract in Kazakhstan may not be concluded for less than one year, save in the four cases in sub-paragraphs 3), 4), 5) and 6). A “three-month contract on trial” or a “six-month probationary contract” contradicts article 30(1)(2).

There is one express carve-out: article 30(2) allows small business entities to conclude fixed-term contracts without the one-year floor.

Who counts as a small business entity is settled not by the Labour Code but by article 24(3) of the Entrepreneurial Code of the Republic of Kazakhstan: individual entrepreneurs and legal entities with an average annual headcount of not more than one hundred employees and average annual income of not more than 300 000 times the monthly calculation index set by the budget law and in force on 1 January of the relevant financial year. At the 2026 index of KZT 4 325 that is income of not more than KZT 1 297 500 000. Both criteria apply cumulatively.

Automatic renewal and the two-extension ceiling

If the term expires and neither party gives notice of termination during the last working day or shift, the contract is deemed extended for the same term as originally agreed.

A fixed-term employment contract may be extended no more than twice. If the employment relationship continues beyond that, the contract is deemed to have been concluded for an indefinite term. In practice this means that rolling annual fixed-term contracts have a hard limit: after two extensions the relationship becomes permanent by operation of law.

The two-extension rule and the conversion to an indefinite term do not apply to foreign employees of autonomous education organisations.

What Law No. 295-VIII changed in calculating the last working day

Before 4 August 2026 the “last working day” rule created a trap: if the employee was on sick leave or social leave on that day, serving notice was difficult and the contract renewed automatically. Law of the Republic of Kazakhstan No. 295-VIII of 3 June 2026 closed that gap:

•          periods of temporary incapacity and of social leave are now excluded from the calculation of the last working day;

•          where the last working day or shift falls within such a period, the last working day is the day following the end of the incapacity or social leave.

An equivalent rule was added to article 30(4) for the head of a legal entity’s executive body.

Special rules for executives and for employees of pensionable age

Article 30(4): where a contract with the head of a legal entity’s executive body expires and neither party gave notice of termination by the last working day, the contract is extended until a decision is taken to elect, appoint or confirm a new head or the same person. This is a special rule; the ordinary “same term” renewal does not apply.

Article 30(5): a contract with an employee who has reached pensionable age and has a high professional and qualification level may be extended annually, free of the two-extension cap.

Expiry of the term and the duty to extend

Article 51 governs termination on expiry. Article 51(2) contains a duty that is frequently overlooked: if, on the day a fixed-term contract of at least one year expires, a pregnant woman produces a certificate of pregnancy of twelve or more weeks, or an employee with a child under three or an employee who has adopted a child submits a written application to extend, the employer must extend the term of the contract to the end of the child-care leave.

The exceptions are replacement of a temporarily absent employee and — since 4 August 2026, under Law No. 295-VIII — seasonal work.

If your company hires foreign specialists, the contract term will be tightly bound to the permit: see the analysis of the permit to attract foreign labour in 2026.

Prohibitions and restrictions on hiring: who may not be engaged

Prohibitions on concluding an employment contract are set out in article 26(1) of the Code. Breaching any of them does not attract a fine but triggers termination under article 60 — termination “for breach of the conditions of conclusion of the employment contract”.

An employment contract may not be concluded:

1.        with a former civil servant — into a commercial organisation, in a position involving managerial functions, within one year after leaving the civil service, where during the final year of service that person directly exercised control by way of inspections of that organisation or took decisions affecting its interests;

2.        with a person who has committed a corruption crime — into positions in the National Bank and the financial-market regulator, in civil aviation organisations, into managerial positions in state organisations and quasi-public-sector entities connected with procurement or with the selection and financing of budget- or National Fund-financed projects, and into positions in the “Government for Citizens” State Corporation involving the delivery of public services or access to personal data;

3.        with a person who, within the past three years, has been subject to an administrative penalty for an administrative corruption offence — into the same positions (sub-paragraph 2-1);

4.        with persons disqualified from holding a given position by a court judgment in force;

5.        with foreign nationals and stateless persons temporarily present in Kazakhstan — before the employer has obtained the local executive body’s permit to attract foreign labour, or before the worker has obtained a certificate of qualification conformity for independent job placement or a labour immigrant permit. Law No. 277-VIII added an exception for persons on the list determined by the Government for whom no permit is required;

6.        with foreign students and trainees who have not produced a certificate from the education organisation and a permit to reside for the purpose of study;

7.        with foreign nationals who have not produced a family-reunification entry permit and evidence of marriage to a Kazakh citizen, or who have no imputed medical insurance contract;

8.        with more than five labour immigrants at the same time, where a single individual employer engages them for work in the household.

Screening a candidate: what the employer must obtain

Article 32(2): when concluding a contract in education, upbringing, the organisation of leisure and recreation, physical culture and sport, medical provision, social services, culture and the arts involving minors, the candidate produces a certificate as to the presence or absence of records of criminal offences — murder, intentional harm to health, offences against public health and morality, against sexual inviolability, extremist or terrorist offences, and trafficking in persons.

Article 32(3): for a position listed in article 26(2)(2), the employer itself obtains information on any corruption offence through the digital systems of the state body responsible for legal statistics or through the e-government portal. This is the employer’s duty, not the candidate’s.

Termination for breach of the conditions of conclusion

Article 60: an employment contract is subject to termination for breach of the conditions of its conclusion, where the breach makes it impossible to continue the employment relationship, in six cases:

1.        the contract was concluded for work contraindicated on health grounds on the basis of a medical opinion;

2.        the contract was concluded in breach of a criminal sentence or a court ruling disqualifying the person from holding specified positions;

3.        the contract was concluded with foreign nationals or stateless persons without a certificate of qualification conformity for independent job placement or a permit to attract foreign labour, or in breach of statutory restrictions or exemptions;

4.        the contract was concluded with a foreign employee of a state body in breach of the applicable requirements;

5.        the contract was concluded with a person listed in article 26(2);

6.        other cases provided by the Code and by statute.

The structure matters. Article 60 applies where the permit never existed; article 57 applies where a lawful basis subsequently fell away. Article 57(1)(1) is drafted asymmetrically: it speaks of withdrawal by the local executive bodies of the permit to attract foreign labour and of expiry of a foreign national’s residence permit or a stateless person’s certificate. Expiry of the foreign-labour permit itself is not named in article 57; that situation is covered instead by article 30(1)(6), which ties the term of the contract to the term of the permit, so the contract ends by expiry under article 51.

For more on the permit architecture for foreign staff, see the analysis of employer permits to attract foreign labour in Kazakhstan.

The unified register of employment contracts: mandatory e-filing and the fines for filing late

The unified register of employment contracts (ЕСУТД) is a state information system into which the employer must file information about the conclusion, amendment and termination of every employment contract. The duty is imposed by article 23(2)(27) of the Labour Code.

The provision reads: the employer must file information about the conclusion and termination of an employment contract with an employee, and about amendments and additions to it, containing the particulars set out in sub-paragraphs 1), 2), 3), 4), 5) and 13) of article 28(1), together with information about the leave provided for in article 99, into the unified register of employment contracts in the manner determined by the authorised state labour body.

The Code itself sets no deadlines — they are in Order No. 353 of the Minister of Labour and Social Protection of the Population of 3 September 2020. This matters: administrative liability arises for breaching time limits laid down in a subordinate instrument.

What information is filed

Under paragraph 3 of the Rules, six blocks of information are filed: the individual identification number of an individual employer or the business identification number of a corporate employer and the employee’s individual identification number; the labour function; the place of work; the term of the contract; the start date; and the date of conclusion and the sequential number.

Paragraph 6 adds further information: the working time and rest regime, and details of maternity leave, leave on the adoption of a newborn, and unpaid child-care leave until the child reaches three.

The filings are authenticated by the electronic digital signature of the employer or of the head of the HR function on whom the duty is placed by an act of the employer.

The data set includes employees’ individual identification numbers, so the HR process also sits inside the personal-data perimeter: see the analysis of personal data and localisation requirements in Kazakhstan in 2026.

Filing deadlines

Event	Deadline	Provision
Conclusion of an employment contract	not later than 5 working days from signature by both parties	para 7 of the Rules
Amendments and additions	not later than 15 calendar days from signature	para 8 of the Rules
Termination of the contract	not later than 3 working days from termination	para 12 of the Rules
Extension of a term under art. 30(1)(2)	15 working days from the extension	para 13-1 of the Rules
Correcting errors in filed information	30 working days from the original filing	para 9 of the Rules
Adjustment on reinstatement of an employee	10 working days from reinstatement	para 10 of the Rules

Note the mixed units: conclusion and termination run in working days, amendments in calendar days. That is not a typographical slip but the express text of paragraphs 7, 8 and 12 of the Rules.

Once a termination has been filed, the employer can no longer alter it: under paragraph 13 of the Rules that is done by the authorised state labour body on the application of the employer or the employee under the Administrative Procedural Code.

Liability for breaching the register rules

Article 98 of the Code on Administrative Offences is titled “Breach of the legislation of the Republic of Kazakhstan on employment of the population, and of the procedure for filing information in the unified register of employment contracts”. Part 1-1 covers three acts: failure to file or late filing within the prescribed periods; incomplete filing; and filing inaccurate or incorrect information.

Category of person	Part 1-1 (first offence)	Part 2-1 (repeat within a year)
Officials	30 MRP = KZT 129 750	60 MRP = KZT 259 500
Small businesses and non-profit organisations	60 MRP = KZT 259 500	80 MRP = KZT 346 000
Medium-sized businesses	80 MRP = KZT 346 000	100 MRP = KZT 432 500
Large businesses	150 MRP = KZT 648 750	200 MRP = KZT 865 000

Part 1-1 provides no warning for a first offence — the sanction is monetary from the outset. The tenge amounts are calculated on the 2026 monthly calculation index of KZT 4 325.

The Code on Administrative Offences frames the offence as a breach of the filing procedure and does not compute the fine per individual contract. What matters in practice is different: part 2-1 raises the penalty for a repeat within a year after an administrative penalty has been imposed, so systematic lateness detected twice in a year costs twice as much.

Order No. 163 of 30 April 2026

The Rules were amended by Order No. 163 of the Acting Minister of Labour and Social Protection of the Population of 30 April 2026, in force from 12 July 2026. The amendments touched the definitions (sub-paragraphs 1), 2), 4), 8) and 10) of paragraph 2), paragraph 4 on filing channels, paragraph 11 on notifying the employee, and paragraphs 16 and 17 on obtaining information. The filing deadlines — paragraphs 7, 8 and 12 — were not changed by that order.

Probation in Kazakhstan: three months, six for executives, and one exception

A probationary period is a contractual condition set in order to test whether the employee’s qualification matches the work assigned. It is governed by article 36 of the Labour Code, which runs to just three paragraphs and has not been amended since 2020.

A probationary period in Kazakhstan may not exceed three months. For heads of organisations and their deputies, chief accountants and their deputies, and heads of branches and representative offices, it may be extended to six months.

Five rules that follow directly from article 36

1.        Probation may be imposed only on conclusion of the contract. Article 36(1) reads: “On the conclusion of an employment contract, a condition as to a probationary period may be set in the employment contract.” A probationary period cannot be introduced later by a supplementary agreement to a live contract. Paragraph 14 of Normative Resolution No. 1 of the Supreme Court of 28 November 2024 confirms this: a probationary condition may be agreed only on conclusion of the contract.

2.        The purpose of probation is confined by statute. Probation is undertaken “in order to verify that the employee’s qualification matches the work assigned”. Not loyalty, not discipline, not cultural fit — qualification only.

3.        Time runs from the start date stated in the contract, not from the date of signature and not from the date of the hiring order.

4.        The probationary period counts towards the employee’s length of service.

5.        The probationary period is suspended for any period during which the employee was actually absent from work. The wording is broad: it covers not only illness but any actual absence — leave, a business trip, time off in lieu.

The single statutory prohibition: seasonal work

A full-text analysis of the Labour Code shows that an express prohibition on setting a probationary period appears exactly once, in article 134(3): “On the conclusion of an employment contract for seasonal work, no probationary period to verify the employee’s suitability for the work assigned shall be set.”

The Labour Code of the Republic of Kazakhstan contains no list of persons who may not be placed on probation.This is a material divergence from Russian law, where article 70 of the Russian Labour Code lists categories — pregnant women, women with children under eighteen months, minors, recent graduates, persons appointed by competition and others. The Kazakh Code has no such list.

An important qualification follows: probation for a pregnant employee or a minor is not expressly prohibited by Kazakh statute. That does not, however, make dismissal on a failed probation straightforward for those categories. Other mechanisms bite: article 25 prohibits any breach of equality of rights and opportunities on hiring, and dismissal for a negative probation result is dismissal under article 52(1)(7), that is, at the employer’s initiative, and so is subject to the restrictions in article 54.

Comparison with other regimes

Jurisdiction	Maximum probationary period	Notice of dismissal during probation
Kazakhstan, Labour Code arts. 36 and 37	3 months; 6 months for executives and chief accountants	Notice stating reasons; the Code sets no notice period
AIFC, Employment Regulations s. 15	3 months, and it must be stated in the contract	1 week without cause, or no notice where there is cause
UAE, Federal Decree-Law No. 33 of 2021, art. 9	6 months, and no second probation with the same employer	Employer: 14 days’ written notice; employee moving to another UAE employer: 1 month; foreign worker leaving the country: 14 days

Note that the AIFC regime is not “the Kazakh rule with modifications” but a self-contained legal regime. It is covered in a separate section below and in the analysis of AIFC structures and tax incentives in 2026.

Drafting the probationary clause

Because a probationary condition is not one of the thirteen mandatory elements of article 28, it must be spelled out expressly. A minimally sound clause states that probation is imposed, its length, and its purpose — verifying that the employee’s qualification matches the work assigned.

If the clause is absent from the contract, the employee is taken to have been hired without probation, and dismissal under article 52(1)(7) becomes unavailable.

A negative probation result: how to dismiss properly and where the risk lies

A negative result of the employee’s work during the probationary period is a free-standing ground of dismissal at the employer’s initiative under article 52(1)(7). The procedure is governed by article 37.

Article 37(1): where the employee’s work during the probationary period produces a negative result, the employer may terminate the contract by serving on the employee a notice stating the reasons that formed the basis for termination.

Article 37(2): if the probationary period has expired and the employer has not given notice of termination, the employee is deemed to have passed probation.

The Code sets no notice period

This is one of the most underappreciated features of Kazakh law. Article 37 does not say how many days before termination the notice must be served. The Code requires a notice stating reasons but prescribes no period of warning. There is accordingly no statutory three days, seven days or fourteen days.

The practical consequence cuts both ways. The employer is not bound by a formal warning period. But the notice must be served within the probationary period, not after it: under article 37(2), expiry without notice automatically means probation has been passed.

Paragraph 14 of Normative Resolution No. 1 of the Supreme Court of 28 November 2024 adds a procedural point: the employer’s act terminating the contract is issued at the same time as the notice of failed probation is served. Notice and order are executed as one package, not sequentially with an interval.

What evidence the ground must rest on

Paragraph 14 of the same resolution imposes the key limitation:

“An unsatisfactory probation result must be supported by objective data relating solely to the employee’s qualification for the work assigned. Consequently, no other circumstances may serve as a basis for terminating the employment contract on this ground.”

It follows that a court will reject a dismissal under article 52(1)(7) if the employer justifies it by lateness, team conflict, refusal to work a rest day, or general unsuitability. All of those belong to other article 52 grounds, each with its own procedure.

The evidential file to build

The Code prescribes no form of proof, so the general rule applies: the burden of justifying a dismissal at the employer’s initiative rests on the employer. A workable file includes:

•          a written assignment or work plan for the probationary period, handed to the employee against signature on hiring;

•          measurable criteria tied to qualification and to the labour function under article 28(1)(2);

•          interim and final reports on performance of the assignment;

•          memoranda from the line manager containing facts rather than value judgments;

•          a notice stating the reasons, served against signature before the probationary period expires;

•          an employer’s act terminating the contract dated the same day.

Interaction with the article 54 restrictions

Dismissal under article 52(1)(7) is dismissal at the employer’s initiative, so article 54(1) applies: an employment contract may not be terminated at the employer’s initiative during temporary incapacity or while the employee is on leave, except on the grounds in sub-paragraphs 1), 18), 20) and 23) of article 52(1) and in article 52(1-1). Sub-paragraph 7) is not among those exceptions.

An employee who is on sick leave or on leave on the last day of the probationary period therefore cannot be dismissed for failed probation on that day. At the same time, article 36(3) suspends the probationary period for any period of actual absence — so the employer retains an unused portion of probation once the employee returns.

The restrictions in article 54(2) — covering pregnant women, women with children under three and sole parents — apply only to sub-paragraphs 2) and 3) of article 52(1), that is, to redundancy and a decline in output, and not to sub-paragraph 7).

Payments on dismissal for failed probation

No severance under article 131 is payable on a dismissal under article 52(1)(7): that article covers only liquidation, redundancy, a decline in output, and resignation prompted by the employer’s failure to perform the contract.

What remains mandatory is payment of wages for time worked and compensation for unused days of paid annual leave, not later than three working days after termination, under article 113(4).

The map of termination grounds: the nine categories of article 49

Kazakh law distinguishes termination of an employment contract (прекращение) from termination at a party’s initiative (расторжение). The first is the generic concept covering every way an employment relationship ends; the second is termination brought about by one of the parties. Article 49 sets out a closed list of nine grounds of termination.

No.	Ground of termination (art. 49)	Governing article	Who initiates
1	Termination by mutual agreement	art. 50	Both parties
2	Expiry of the term of the contract	art. 51	An event
3	Termination at the employer’s initiative	arts. 52, 53, 54	Employer
4	Transfer of the employee to another employer	art. 55	Employee and the receiving legal entity
5	Termination at the employee’s initiative	art. 56	Employee
6	Circumstances beyond the parties’ control	art. 57	An event
7	The employee’s refusal to continue the employment relationship	art. 58	Employee
8	Moving to elective work or appointment to a post	art. 59	Employee
9	Breach of the conditions of conclusion of the contract	art. 60	A circumstance

The practical value of this map is that the ground determines the procedure, the notice period and whether severance is payable. Choosing the wrong ground is the most common cause of reinstatement.

Executing the termination: the employer’s act

Article 61 lays down a single form for all nine grounds:

1.        Termination is executed by an act of the employer — except on the death of an individual employer and except for domestic workers.

2.        The employer’s act must state the ground of termination in accordance with the Code.

3.        A copy of the act is handed to the employee or sent by registered post with acknowledgement of receipt within three working days of the act being issued.

Paragraph 11 of Normative Resolution No. 1 of the Supreme Court of 28 November 2024 gives that act a special procedural status: a court ordering reinstatement declares the employer’s termination act unlawful and sets it aside even if the claimant did not seek that relief.

Citing the wrong provision in the order

Paragraph 30 of the same resolution contains a rule that works in the employer’s favour: where the court finds that the employer did have a ground for termination but cited the wrong provision of the Labour Code or another statute in the order, the court dismisses the claim and identifies the correct ground in the reasoning of its judgment.

It does not follow that the label is immaterial: the rule rescues the employer only where the factual ground existed and was proved. Where no ground existed, the wrong citation only worsens the employer’s position.

Issuing documents on termination

Article 62 draws two distinct deadlines:

•          on the day the contract terminates, the employer must issue the document evidencing the employee’s employment history;

•          within five working days of a request by the employee, including a former employee, the employer must issue a certificate stating the speciality (qualification, position), the period of work and the level of pay, together with a reference containing details of the employee’s qualification and attitude to work.

On liquidation or bankruptcy of a corporate employer, or on cessation of an individual employer’s activity, where sums are owed to the employee a certificate of the outstanding wage and other debt is issued (article 62(3)).

Do not forget the register: the termination must be filed not later than three working days after the contract ends.

Mutual agreement and expiry of the term: the two safest grounds

Termination by mutual agreement

Termination by mutual agreement is the ground in article 49(1)(1); the procedure is in article 50. It is the only ground on which neither party has to justify its decision.

The procedure under article 50(2) has three steps:

1.        The party wishing to terminate by mutual agreement serves a notice on the other party.

2.        The party receiving the notice must inform the other party of its decision in writing within three working days.

3.        The termination date is agreed between employee and employer.

Three consequences matter in practice. First, a mutual-agreement termination cannot be executed by a unilateral order: a bilateral document is required. Second, the Code provides no unilateral withdrawal of consent — unlike resignation, where article 56(4) expressly allows the notice to be withdrawn. Third, the termination date may be any agreed date, including the next day.

Severance under article 131 is not payable on a mutual-agreement termination, but the parties may provide for a payment in the agreement itself: article 131(3) allows a higher amount to be set in the employment contract, the collective agreement or an act of the employer, and article 28(3) permits any terms that do not conflict with legislation.

Termination on expiry of the term

Expiry of the term is the ground in article 49(1)(2); the procedure is in article 51. Formally this is not termination at a party’s initiative but termination on the occurrence of an event, so the restrictions in article 54 do not apply to it.

The core rules are:

•          A fixed-term contract terminates on the expiry of its term (article 51(1)).

•          The expiry date of a contract concluded for the duration of specific work is the day the work is completed (article 51(3)).

•          The expiry date of a contract concluded to replace a temporarily absent employee is the day that employee returns to work, or the date their contract terminates (article 51(4)).

For the contract actually to end, the employee must be given notice during the last working day or shift — otherwise, under the third paragraph of article 30(1)(2), the contract is deemed extended for the same term. Since 4 August 2026 periods of temporary incapacity and social leave are excluded from the calculation of the last working day.

The mandatory extension in article 51(2)

Article 51(2) is the provision employers miss most often. If, on the day a fixed-term contract of at least one year expires:

•          a pregnant woman produces a certificate of pregnancy of twelve or more weeks, or

•          an employee with a child under three, or one who has adopted a child and wishes to take unpaid child-care leave, submits a written application to extend,

the employer must extend the term of the contract to the end of the child-care leave.

There are two exceptions: replacement of a temporarily absent employee, and seasonal work. The second was added by Law of the Republic of Kazakhstan No. 295-VIII of 3 June 2026 and has applied since 4 August 2026.

Note the structure of the rule: the duty to extend arises only where the document is produced on the day of expiry.A certificate produced later does not trigger it; on a literal reading, nor does one produced earlier, which is why the sound practice is to request an up-to-date certificate on the last working day.

Ground	Notice	Severance under art. 131	Article 54 restrictions
Mutual agreement (art. 50)	Reply within 3 working days	None (may be agreed)	Do not apply
Expiry of the term (art. 51)	During the last working day	None	Do not apply
Resignation (art. 56(1))	Not less than 1 month	None	Do not apply
Resignation for the employer’s breach (art. 56(3))	7 working days + not less than 3 working days	1 month’s average wage	Do not apply
Liquidation (art. 52(1)(1))	Not less than 1 month	1 month’s average wage	Do not apply
Redundancy (art. 52(1)(2))	Not less than 1 month	1 month’s average wage	Apply in full
Decline in output (art. 52(1)(3))	15 working days	2 months’ average wage	Apply in full

Resignation: one month’s notice and the accelerated exit

Termination at the employee’s initiative is governed by article 56. The general rule is that an employee may terminate the contract on not less than one month’s notice to the employer.

The contract may provide for a longer notice period. It may not provide for a shorter one: article 56(1) sets a floor. Notice can be shortened in an individual case only under article 56(2) — with the employer’s written consent.

The accelerated exit where the employer is in breach

Article 56(3) gives the employee a self-contained mechanism where the employer fails to perform the contract:

1.        The employee notifies the employer of the employer’s failure to perform the terms of the contract.

2.        If the failure continues after seven working days from that notice, the employee may terminate.

3.        To do so, the employee gives not less than three working days’ notice.

That is a maximum of ten working days instead of a month. In addition, article 131(1)(3) requires the employer to pay severance equal to one month’s average wage on a termination on this ground. It is the only case in which loss-of-employment severance is payable on a resignation.

Withdrawing the notice

Article 56(4): during the notice period the employee may withdraw the notice. The Code does not condition withdrawal on the employer’s consent and makes no exception where a replacement has already been offered the post. Employers should therefore not issue a hiring order for a replacement before the outgoing employee’s contract has actually ended.

Materially responsible employees: the new article 56(5)

Before 4 August 2026, article 56(5) allowed the employee to stop work unconditionally at the end of the notice period. Law of the Republic of Kazakhstan No. 295-VIII of 3 June 2026 restated the paragraph and added an exception:

“At the end of the notice period … the employee is entitled to stop work, and the employer must issue to the employee the documents connected with the employment and the sums due …, save where the handover of the employer’s property (documentation) has not been completed through the fault of materially responsible persons.

The day on which the employment contract with materially responsible persons is terminated is the day on which the handover of the employer’s property (documentation) is completed.

The employer must take all necessary measures to carry out the handover of property (documentation) with materially responsible persons within the notice period.”

The rule has applied since 4 August 2026 and changes how the termination date is calculated for cashiers, storekeepers, warehouse managers and others who have signed a full material liability agreement. Three limits temper it:

•          deferral is available only where the delay is the fault of the materially responsible person;

•          the employer must take all necessary measures to carry out the handover within the notice period, so employer inaction does not extend the contract;

•          the rule is addressed only to materially responsible persons, not to employees generally.

Transfer to another legal entity

Article 49(1)(4) provides a separate ground: transfer of the employee to another employer. Article 55, which fleshes it out, is titled “Ground and procedure for terminating an employment contract on the transfer of an employee to another legal entity” and applies not to any move but only to three intra-group configurations:

1.        more than fifty per cent of the shares or participatory interest in the receiving legal entity is owned, directly or indirectly, by the employer whose contract is ending;

2.        the receiving legal entity owns, directly or indirectly, more than fifty per cent of the shares or participatory interest in that employer;

3.        more than fifty per cent of the shares or participatory interest in both the receiving legal entity and the employer is owned by the same legal entity.

Article 55(1-1) separately governs the transfer of a civilian public-service employee (гражданский служащий) to another state institution or state-run enterprise.

A move to an employer outside the group is not covered by this article. Such a move is executed as a resignation followed by a fresh hire.

Termination under article 55 rests on two documents: the employee’s written application and written confirmation from the other legal entity that it agrees to take the employee on. The termination date is fixed by agreement of the parties.

Moving to elective work or appointment to a post

Article 59: the contract is terminated where the employee moves to elective work or is appointed to a post, if the laws of the Republic of Kazakhstan prohibit holders of such posts from holding other paid positions. The grounds are the employee’s notice to the employer and the act of election or appointment. The Code sets no notice period here.

Twenty-five grounds for dismissal at the employer’s initiative

Termination at the employer’s initiative is permitted only on the grounds listed in article 52(1). The list is closed. The sub-paragraphs are numbered 1) to 25), but two further sub-paragraphs with fractional numbering — 4-1) and 5-1) — sit alongside them, so the actual number of grounds is twenty-seven.

Sub-para	Ground	Required support (art. 53)	Severance (art. 131)
1)	Liquidation of a corporate employer or cessation of an individual employer’s activity	Not less than 1 month’s notice	1 month’s average wage
2)	Reduction in headcount or in the establishment	Not less than 1 month’s notice; parity commission decision for nea­r-pensio­nable employees	1 month’s average wage
3)	Decline in output, work or services worsening the employer’s economic position	15 working days’ notice plus three cumulative conditions	2 months’ average wage
4)	Unsuitability for the position through insufficient qualification confirmed by attestation	Decision of an attestation commission including an employee repre­senta­tive	None
4-1)	Non-co­nfo­rmity with professional requirements laid down by statute	—	None
5)	Repeated failure of knowledge testing on labour safety or industrial safety	Decision of an examination commission	None
5-1)	Withdrawal of the certificate conferring the “valuer” qualification	—	None
6)	Unsuitability for the position on health grounds preventing continuation of the work	Medical opinion	None
7)	Negative result of work during the probationary period	Notice stating the reasons	None
8)	Absence without good reason for three or more consecutive hours in one working day or shift	Procedure in arts. 65 and 66	None
9)	Being at work under the influence of alcohol, narcotic, psychotropic or toxic substances	Medical opinion plus the procedure in arts. 65 and 66	None
10)	Refusal to undergo a medical examination	Act recording the refusal plus arts. 65 and 66	None
11)	Breach of labou­r-sa­fety, fire-safety or tra­nsport-sa­fety rules causing or capable of causing grave consequences	Procedure in arts. 65 and 66	None
12)	Theft, including petty theft, of another’s property at the workplace, or its intentional destruction or damage	Court judgment or ruling in force plus arts. 65 and 66	None
13)	Culpable acts or omissions by an employee handling money or goods, or using their position against the employer’s interests	Internal investigation act	None
14)	An immoral act by an employee performing educational functions	Procedure in arts. 65 and 66	None
15)	Disclosure of state secrets or other legally protected secrets	Procedure in arts. 65 and 66	None
16)	Repeated non-pe­rfo­rmance or improper performance of duties by an employee already subject to a disciplinary sanction	Procedure in arts. 65 and 66	None
17)	Producing knowingly false documents or information on conclusion of the contract or on transfer	Procedure in arts. 65 and 66	None
18)	Breach of duties by the head of the executive body, a deputy or a branch head causing material damage	Procedure in arts. 65 and 66	None
19)	Termination of the employee’s access to state secrets	—	None
20)	Absence for more than two consecutive months through temporary incapacity	Production of the sick-leave certificate	None
21)	A corruption offence excluding further work under a judicial act in force	—	None
22)	Continued participation in a strike after a court ruling declaring it unlawful has been communicated	—	None
23)	Early termination of the powers of the head or members of the executive body, of employees of the internal audit service and the anti­-corru­ption compliance service, and of the corporate secretary	Decision of the founder or the authorised body	None
24)	Reaching pensionable age, with a right to annual extension by mutual agreement	Not less than 1 month’s notice after reaching the age, plus contractual compensation	Per contract
25)	Absence for more than one month for reasons unknown to the employer	10 calendar days from sending the absence act by registered post	None

The three grounds most often misapplied

Ground 1) requires a genuine liquidation, not a change of owner or a reorganisation: the corporate steps and their sequence are set out in the analysis of liquidating an LLP in Kazakhstan in 2026.

Sub-paragraph 8) — unauthorised absence. The Code defines it as absence without good reason for three or more consecutive hours in one working day or shift. Not “more than four hours” and not “a whole day”. The operative word is “consecutive”: two separate two-hour absences on the same day do not make out the ground.

Sub-paragraph 20) — long-term incapacity. The ground bites only on absence for more than two consecutive months. Maternity leave is excluded, as are illnesses on the list of conditions carrying a longer incapacity period approved by the health authority. A separate guarantee applies: an employee who loses capacity through an industrial injury or occupational disease keeps their job or position until capacity is restored or disability is established.

Sub-paragraph 24) — pensionable age. This is not an automatic ground: the sub-paragraph itself carries “with a right to annual extension of the term of the employment contract by mutual agreement of the parties”. Article 53(9) requires notice of not less than one month before the termination date and only after the employee has reached pensionable age, together with compensation in an amount set by the employment contract, the collective agreement and/or an act of the employer.

Mandatory termination and Constitutional Court Normative Resolution 84-НП

Article 52(1-1) differs from article 52(1) by a single word: the contract is subject to termination, rather than “may be terminated”. The provision is mandatory and leaves the employer no discretion.

Mandatory termination at the employer’s initiative applies in two cases:

1.        holding the citizenship of a foreign state where the person is the head, a deputy head or a member of the collegial management body of a quasi-public-sector entity and is a citizen of the Republic of Kazakhstan;

2.        commission of a corruption crime or an administrative corruption offence by an employee holding a position listed in article 26(2)(2) of the Code.

The procedure in article 53(11) and (12)

For the first case, article 53(11) requires a representation from the internal affairs bodies or the diplomatic service of the Republic of Kazakhstan. The employer does not establish dual citizenship itself.

For the second case, article 53(12) lists three alternative supporting documents:

1.        a conviction for a corruption crime that has entered into legal force;

2.        a court ruling in force, or a decision of the criminal prosecution body approved by the prosecutor, discontinuing the criminal case on the grounds in paragraphs 3), 4), 9), 10) and 12) of part one of article 35, or under article 36, of the Criminal Procedure Code;

3.        a court ruling in force for an administrative corruption offence.

The second limb materially widens the ground: discontinuance on non-exonerating grounds is equated with a conviction.

Normative Resolution No. 84-НП of the Constitutional Court of 9 June 2026

Article 52(1-1)(2) came under constitutional review. By Normative Resolution No. 84-НП of the Constitutional Court of the Republic of Kazakhstan of 9 June 2026, article 52(1-1)(2) of the Labour Code, read together with the Criminal Code and the Law on Combating Corruption, was held compatible with the Constitution on the following interpretation:

mandatory termination of the employment contract at the employer’s initiative for a corruption crime committed by an employee of a quasi-public-sector entity applies only to persons equated with those authorised to perform state functions.

This is a constitutionally conforming interpretation, not a striking down. The practical effect is that a quasi-public-sector employer may not apply article 52(1-1)(2) automatically to every employee convicted of a corruption crime. The provision reaches only those who, under the anti-corruption legislation, are equated with persons authorised to perform state functions.

Rulings of the Constitutional Court are binding throughout the Republic of Kazakhstan, final and not subject to appeal. Paragraph 3 of the operative part of Resolution 84-НП is expressed verbatim: the Resolution “enters into force on the day of its adoption, is generally binding throughout the territory of the Republic of Kazakhstan, final and not subject to appeal.” The Resolution was adopted on 9 June 2026, and from that date the interpretation binds employers, labour inspectorates and courts.

Paragraph 2 of the operative part requires the Government of the Republic of Kazakhstan within one year of publicationto initiate a bill bringing the Labour Code into line with the Constitutional Court’s legal positions. Until such a law is passed, article 52(1-1)(2) applies as interpreted by the Resolution.

The article 54 restrictions do not apply to mandatory termination

Article 54(1) prohibits termination at the employer’s initiative during temporary incapacity and leave, but expressly excludes the whole of article 52(1-1) from that prohibition. Mandatory termination is therefore effected regardless of whether the employee is on sick leave or on holiday.

Article 54(2) — the protection of pregnant women, women with children under three and sole parents — likewise does not reach article 52(1-1): it is addressed only to sub-paragraphs 2) and 3) of article 52(1).

Amendments deferred to 2027

Law of the Republic of Kazakhstan No. 188-VII of 3 January 2023 provides for a new sub-paragraph 3) in article 52(1-1) and a new paragraph 13 in article 53, both commencing on 1 January 2027. Until then the current wording stands.

Law of the Republic of Kazakhstan No. 311-VIII of 12 June 2026 on amendments to certain legislative acts on combating corruption touched articles 26, 52 and 53 of the Labour Code. According to the footnotes to the consolidated text of the Code, all three amendments commenced sixty calendar days after first official publication on 13 June 2026, that is on 13 August 2026.

The suspension mechanism deserves separate attention. Article 2(2) of Law No. 311-VIII suspends for three years from the day of first official publication the operation of a number of provisions of its article 1, providing that during the suspension they apply in a different wording. For employment purposes that means that, during the suspension period, article 26(1)(2-1), article 52(1-1)(2) and article 53(12)(3) apply subject to the qualification “save where the employee was held administratively liable for the first time for hiring a person who did not submit a declaration of assets and liabilities”.

The practical conclusion is that until June 2029 a first administrative penalty for hiring a person who did not submit an asset-and-liability declaration does not trigger mandatory termination under article 52(1-1)(2). The consolidated text of the Code in the Әділет system as at 29 August 2026 does not yet reproduce that qualification, so it has to be checked against the text of Law No. 311-VIII itself.

Article 2(1) of Law No. 311-VIII contains an extensive list of provisions commencing on other dates: after ten calendar days, on 1 January 2027, and three years after first official publication. When applying a specific provision of articles 26, 52 and 53, check the commencement date of that provision rather than of the law as a whole.

The dismissal procedure: article 53 step by step

The procedure for terminating an employment contract at the employer’s initiative is set out in article 53 and differs by ground. There is no single notice period common to all grounds.

Liquidation and redundancy: article 53(1)

The employer must give the employee not less than one month’s notice of termination, unless the employment contract or the collective agreement provides for a longer period. With the employee’s written consent, termination may take effect before the notice period expires.

The second paragraph of article 53(1) contains a specific protection: an employment contract may not be terminated under sub-paragraphs 2) and 4) of article 52(1) with employees who are less than two years away from pensionable age, without a positive decision of a commission composed of an equal number of employer and employee representatives.

Note the scope of that protection: it covers redundancy (sub-paragraph 2) and unsuitability on attestation (sub-paragraph 4), but not liquidation (sub-paragraph 1) and not a decline in output (sub-paragraph 3).

Decline in output: article 53(2) and three cumulative conditions

Notice to the employee is fifteen working days, unless the contract provides for longer. By agreement, the notice period may be replaced by payment of wages proportionate to the unworked period. The notice must state the employer’s reasons.

Termination on this ground is possible only if three conditions are met simultaneously:

1.        closure of a structural unit (a shop or a section);

2.        no possibility of transferring the employee to other work;

3.        notice to the employee representatives of not less than one month, stating the reasons and showing a direct link between the economic changes at the employer and the need to terminate.

Paragraph 16 of Normative Resolution No. 1 of the Supreme Court of 28 November 2024 reinforces those requirements evidentially: the employer must prove its financial insolvency and produce evidence of the worsening economic position — auditors’ opinions, documents showing early completion of volumes of work under civil-law contracts. The burden of producing that evidence rests on the employer, because the initiative to terminate is the employer’s.

The same paragraph requires courts hearing claims under sub-paragraphs 1) and 2) of article 52(1) to check whether the organisation was in fact liquidated; whether the headcount or establishment was actually reduced; whether the statutory release procedure was followed; and whether other people were taken on in the dismissed employees’ places.

The resolution also recalls that, under article 47 of the Code, a change of owner or a reorganisation (merger, accession, division, spin-off, transformation) does not terminate employment relations. Termination at the employer’s initiative is then possible only where headcount or establishment is genuinely reduced.

Grounds requiring a supporting document, an opinion or a commission decision

Ground	Requirement in article 53
4) — insufficient qualification	Para 3: decision of an attestation commission including an employee repre­senta­tive; the procedure, conditions and frequency of attestation are set by the collective agreement or an act of the employer
5) — failing safety knowledge testing	Para 4: decision of an examination commission
6) — health grounds	Para 5: medical opinion
9) — intoxication	Para 7: medical opinion; the decision to send the employee for examination is taken by the employer’s repre­senta­tive
10) — refusal of examination	Para 7-1: act recording the refusal
13) — culpable acts by a materially responsible employee	Para 7-2: internal investigation act setting out the grounds; the investigation procedure is set by an act of the employer
20) — long-term incapacity	Para 8: production by the employee of the sick-leave certificate
25) — absence for unknown reasons	Para 10: 10 calendar days from sending the absence act by registered post with ackno­wledge­ment

The disciplinary procedure: articles 65 and 66

Article 53(6): termination under sub-paragraphs 8), 9), 10), 11), 12), 14), 15), 16), 17) and 18) of article 52(1) is effected in compliance with the disciplinary procedure in article 65 and the requirements of article 66. The same list appears in article 64(1)(4): termination on those ten grounds is a type of disciplinary sanction alongside a warning, a reprimand and a severe reprimand.

The procedure under article 65:

1.        Before imposing a sanction the employer must require a written explanation from the employee (on paper, as an electronic document authenticated by digital signature, or electronically with authorisation and identification of the employee).

2.        The requirement is made in writing and handed over in person or sent by courier, post, facsimile, e-mail or other digital means with confirmation of receipt.

3.        If the employee evades or refuses receipt, an act to that effect is drawn up.

4.        If no explanation is given within two working days of receipt of the requirement or of the act recording evasion, a further act is drawn up. Failure to provide an explanation does not prevent the sanction being imposed.

5.        Since 4 August 2026 a new sixth paragraph of article 65(2), introduced by Law No. 295-VIII, applies: in choosing the type of disciplinary sanction, the employer takes into account the substance, nature and gravity of the misconduct, the circumstances in which it was committed and the employee’s degree of contrition.

6.        Only one sanction may be imposed for each act of misconduct.

7.        The act imposing the sanction is announced to the employee against signature within three working days of issue; where personal notification is impossible, a copy is sent by registered post within the same period.

Article 65(4) prohibits issuing a sanction act during seven periods: temporary incapacity; release from work to perform state or public duties; leave or rest between work rotations; a business trip; an investigation into an accident in respect of those who breached safety requirements; attendance at training or exercises by an employee serving in the military reserve; and participation as a volunteer firefighter in fire prevention and firefighting.

Time limits for sanctions: article 66

A disciplinary sanction is imposed not later than one month from the discovery of the misconduct and may not be applied later than six months from the date it was committed. Where the misconduct is established by an audit or an inspection of financial and economic activity, or in cases laid down by statute, the long-stop is one year from commission.

Time is suspended in ten situations, including temporary incapacity, leave, a business trip, criminal or administrative proceedings, the employee’s judicial challenge to the employer’s acts, and recognition of professional qualification.

A disciplinary sanction lasts no more than six months from its imposition, except termination of the contract. The employer may lift a sanction early by an act of the employer.

Who cannot be dismissed: the article 54 restrictions and trade-union protection

Restrictions on terminating an employment contract at the employer’s initiative are set out in article 54 and fall into two independent prohibitions — one temporal, one personal.

The temporal prohibition: article 54(1)

An employment contract may not be terminated at the employer’s initiative during temporary incapacity or while the employee is on leave.

The Code makes five exceptions: sub-paragraphs 1) (liquidation), 18) (breach of duties by the head of the executive body causing damage), 20) (absence for more than two consecutive months through incapacity) and 23) (early termination of the powers of the head and members of the executive body) of article 52(1), plus the whole of article 52(1-1).

On the remaining twenty-three grounds in article 52(1), dismissal during sick leave or holiday is impossible. That includes unauthorised absence, intoxication and a failed probation: if the employee goes on sick leave before the act is issued, the act cannot be issued. The suspension of the disciplinary time limits in article 66(3) ensures the employer does not lose the right to dismiss — it is deferred.

An equivalent rule governs termination where the employee refuses to continue the relationship: article 58(3) prohibits termination on that ground during temporary incapacity (including maternity) and leave.

The personal prohibition: article 54(2) as amended by Law No. 277-VIII

Termination at the employer’s initiative under sub-paragraphs 2) and 3) of article 52(1) — redundancy and a decline in output — is prohibited in respect of:

•          pregnant women who have given the employer a certificate of pregnancy;

•          women with children under three;

•          a sole parent raising a child under fourteen (a child with a disability, under eighteen);

•          other persons raising a child in that category without a parent.

The third and fourth categories result from the amendment made by Law of the Republic of Kazakhstan No. 277-VIII of 7 April 2026, in force since 8 June 2026. Before 8 June 2026 the provision protected only “single mothers raising” a child of the relevant age; it now protects a sole parent of either sex and other persons raising such a child without a parent. The same substitution was made in the first paragraph of article 68(4).

Note the limits of this protection. It does not extend to liquidation (sub-paragraph 1), to the disciplinary grounds, to a failed probation, or to any other article 52 ground — only to sub-paragraphs 2) and 3).

Employees close to pensionable age

The protection for employees less than two years from pensionable age sits not in article 54 but in the second paragraph of article 53(1): termination under sub-paragraphs 2) and 4) of article 52(1) is prohibited without a positive decision of a commission composed of an equal number of employer and employee representatives.

That commission is not convened afresh for each case — it is constituted on a parity basis, and its positive decision is a condition of the lawfulness of the dismissal. Absence of a decision makes the dismissal unlawful however well founded the redundancy.

Members of elected trade-union bodies

Additional protection comes not from the Labour Code but from article 26 of Law of the Republic of Kazakhstan No. 211-V of 27 June 2014 on Trade Unions:

•          members of elected trade-union bodies not released from their main work may not be subjected to disciplinary sanctions without the reasoned opinion of the union body of which they are members;

•          termination at the employer’s initiative in respect of such persons is permitted following the general procedure and taking account of the reasoned opinion of that union body — except on liquidation of the legal entity or cessation of an individual employer’s activity;

•          the contract of the head (chairman) of a union body not released from main work may not be terminated without the reasoned opinion of the superior union body.

Paragraph 8 of Normative Resolution No. 1 of the Supreme Court of 28 November 2024 gives that rule an exceptionally strict reading:

“The absence of a reasoned opinion of the trade-union body at the time of termination at the employer’s initiative, or of the imposition of a disciplinary sanction, on a member of an elected trade-union body not released from main work is an unconditional ground for allowing a claim for reinstatement, because the reasoned opinion must be obtained before the order is issued.”

The same paragraph directs courts to distinguish a “member of a trade union” from a “member of an elected trade-union body”: a reasoned opinion is required only in the latter case. Unions must inform the employer within three working days of the election or re-election of members of elected union bodies not released from main work (article 17(9) of the Law on Trade Unions).

The resolution also provides for the converse situation, which qualifies the otherwise unconditional guarantee: where the employer applied to the union body for a reasoned opinion within the period set by the collective agreement and the union evades or refuses to give one, the employer’s act may be issued once that period expires. The critical conditions are a timely, documented request by the employer and a period fixed in the collective agreement.

Circumstances beyond the parties’ control, refusal to continue, and defective hiring

Circumstances beyond the parties’ control: article 57

Termination for circumstances beyond the parties’ control is the ground in article 49(1)(6). The list is closed and contains six entries.

1.        Withdrawal by the local executive bodies of the permit to attract foreign labour, or expiry of a foreign national’s residence permit or of a stateless person’s certificate, and — in the wording introduced by Law No. 295-VIII, in force since 4 August 2026 — refusal to grant refugee status to an asylum seeker, refusal to extend refugee status, or the withdrawal or cessation of refugee status.

2.        Entry into force of a court sentence by which the employee or an individual employer is sentenced to a punishment that precludes continuing the employment relationship.

3.        Death of the employee or of an individual employer, or a court declaration of death or of being missing.

4.        A court declaration that the employee lacks or has limited legal capacity, as a result of which the employment relationship cannot continue.

5.        Reinstatement of an employee who previously performed the work.

6.        The employee’s entry into contractual military service, or service in law-enforcement or special state bodies or civil protection bodies, from the day the employee produces the relevant document not less than three working days beforehand.

Article 57(2): the date of termination on grounds 2), 3) and 4) is the date the sentence or judgment takes effect, or the date of death.

Ground 1) ties the fate of the contract to the term of the residence permit, so a foreign employee’s immigration status has to be tracked alongside the contract term: see the analysis of residence permits in Kazakhstan in 2026.

Ground 5 deserves particular attention: it makes reinstatement orders enforceable. Where a court or a conciliation commission reinstates a dismissed employee, the contract of the replacement is terminated on this ground, not by redundancy.

The employee’s refusal to continue: article 58

The ground in article 49(1)(7) covers three situations (article 58(1)):

1.        refusal to relocate to another locality together with the employer;

2.        refusal to continue working because the working conditions have changed;

3.        refusal of a temporary transfer to other work on health grounds following an industrial injury, an occupational disease or other harm to health unconnected with the work.

Termination is permitted on the employee’s written refusal or where an act records the employee’s refusal to give a written refusal (article 58(2)).

The second ground connects to article 46 on changes to working conditions. The employer may change an employee’s working conditions on account of changes in the organisation of production — reorganisation, a change in economic or technological conditions or in the organisation of work, and/or a reduction in the volume of work — provided the employee continues to work in their speciality, profession or qualification.

Article 46(2), as amended by Law No. 295-VIII with effect from 4 August 2026, requires the employer to notify the employee of the change in writing (on paper or as an electronic document authenticated by digital signature) not later than fifteen calendar days in advance, unless the employment contract or collective agreement sets a longer period. Before 4 August 2026 article 46(2) contained no written-form requirement.

The second paragraph of article 46(3) gives the employer an alternative to redundancy: where the changes may lead to a reduction in headcount or establishment, the employer may introduce short-time working in order to preserve jobs.

Breach of the conditions of conclusion: article 60

The ground in article 49(1)(9) is analysed above in the section on hiring prohibitions. The key difference between article 60 and article 57 is that article 60 applies where the defect existed at the time the contract was concluded, whereas article 57 applies where a lawful basis subsequently fell away.

Seasonal workers: the special rules of article 134

For employees engaged on seasonal work, article 134 sets a distinct regime differing from the general rules in four respects:

•          no probationary period may be set (paragraph 3);

•          in addition to the article 52 grounds, the contract may be terminated at the employer’s initiative where work is suspended for more than two weeks for production reasons and where the employee fails to attend for one consecutive month through temporary incapacity (paragraph 4);

•          the employee may resign on seven calendar days’ notice, and the employer must likewise give a seasonal worker seven calendar days’ notice of termination under sub-paragraphs 1) and 2) of article 52(1) (paragraphs 5 and 6);

•          on termination under those sub-paragraphs the severance is two weeks’ average wage, not one month’s (paragraph 8), plus compensation for unused leave pro rata to time worked (paragraph 7).

Payments on termination: final settlement, severance and default interest

The deadline for the final settlement

On termination of an employment contract, the sums due to the employee from the employer must be paid not later than three working days after termination (article 113(4)). The deadline is the same for all nine grounds in article 49 and does not depend on who initiated the termination.

If that deadline is missed, the employer pays the debt plus default interest for the period of delay. The rate is calculated at 1.25 times the base rate of the National Bank of the Republic of Kazakhstan on the day the obligation is discharged, and accrues for each overdue calendar day, from the day after payment fell due until the day of payment.

As at September 2026 the National Bank’s base rate is 16.75 per cent per annum, reduced by the decision of 24 July 2026. The default rate is therefore 1.25 × 16.75 per cent = 20.9375 per cent per annum, or roughly 0.0573 per cent for each calendar day of delay.

Worked example: on a debt of KZT 1 000 000 delayed by 30 calendar days, the default interest is about KZT 17 200. The formula is 1 000 000 × 20.9375% ÷ 365 × 30.

The same rate applies where current wages are not paid in full and on time under the employment or collective agreement (article 113(3)).

Severance on loss of employment: article 131

Ground of termination	Amount
Liquidation of a corporate employer or cessation of an individual employer’s activity (art. 52(1)(1))	One month’s average wage
Reduction in headcount or establishment (art. 52(1)(2))	One month’s average wage
Resignation because the employer failed to perform the contract (art. 56(3))	One month’s average wage
Decline in output, work or services worsening the employer’s economic position (art. 52(1)(3))	Two months’ average wage
Termination of a seasonal worker under art. 52(1)(1) or (2) (art. 134(8))	Two weeks’ average wage
Reaching pensionable age (art. 52(1)(24))	As set by the employment contract, the collective agreement and/or an act of the employer
All other grounds	None

Article 131(3) permits a higher severance amount to be set in the employment contract, the collective agreement or an act of the employer. The statutory amount may not be reduced.

Compensation for unused days of paid annual leave is payable regardless of the ground of termination and is not part of loss-of-employment severance. Article 33(4) separately provides that a declaration that the contract is invalid through the employer’s fault does not deprive the former employee of pay, compensation for unused leave, or other payments and benefits.

What must be issued on termination

Document	Deadline	Provision
Document evidencing employment history	On the day of termination	art. 62(1)
Copy of the employer’s termination act	Within 3 working days of issue	art. 61(3)
Certificate of speciality (qua­lifica­tion, position), period of work and level of pay	Within 5 working days of request	art. 62(2)
Reference	Within 5 working days of request	art. 62(2)
Certificate of outstanding wage debt	On liquidation, bankruptcy or cessation of activity, where a debt exists	art. 62(3)
Filing of the termination in the unified register	Not later than 3 working days after termination	para 12 of the Rules, Order No. 353

Liability for breaching pay requirements

Article 87 of the Code on Administrative Offences penalises failure to pay wages in full and on time under labour legislation, and equally the failure to accrue and pay default interest for the period of delay through the employer’s fault.

Category of person	Part 1	Part 2 (repeat within a year)
Officials	30 MRP = KZT 129 750	60 MRP = KZT 259 500
Small businesses and non-profit organisations	60 MRP = KZT 259 500	80 MRP = KZT 346 000
Medium-sized businesses	100 MRP = KZT 432 500	150 MRP = KZT 648 750
Large businesses	150 MRP = KZT 648 750	200 MRP = KZT 865 000

Note that the offence covers failure to accrue default interest separately from failure to pay wages. An employer that clears the principal but not the interest has not cured the offence.

Parts 3 and 4 of article 87 separately penalise breaches of the rules on overtime pay, pay for public holidays and rest days, and night work: 30 / 60 / 80 / 120 MRP, rising to 60 / 80 / 100 / 150 MRP on repetition.

When planning payroll it is worth checking the mandatory contribution rates in parallel: see the analysis of employer payroll taxes and contributions in Kazakhstan in 2026.

Employment disputes: the conciliation commission, time limits and two 2026 Constitutional Court Normative Resolutions

The mandatory pre-trial stage

An individual employment dispute is a disagreement between an employee (including a former employee) and an employer on the application of labour legislation. Article 159(1) provides that such disputes are heard by conciliation commissions, and by the courts on unresolved questions or where the commission’s decision is not complied with.

The mandatory pre-trial stage does not apply to disputes between an employer and:

•          an employee of a micro-business;

•          an employee of a non-profit organisation;

•          an employee of a branch or representative office of a foreign legal entity with not more than fifteen employees;

•          a domestic worker;

•          the sole executive body of a legal entity;

•          the head of the executive body of a legal entity and other members of a collegial executive body.

The branch and representative office limb was added by Law of the Republic of Kazakhstan No. 295-VIII of 3 June 2026 and has applied since 4 August 2026. Before that date a branch of a foreign company was formally outside the list of exclusions, and its employees had to go to a conciliation commission first.

The qualifier “with not more than fifteen employees” sits at the end of the list. In the wording before 4 August 2026 it followed the words “non-profit organisation”, and it is in that form that the list is reproduced in paragraph 3 of Normative Resolution No. 1 of the Supreme Court of 28 November 2024. The point makes no practical difference: under article 24(3) of the Entrepreneurial Code of the Republic of Kazakhstan, micro-businesses are small business entities with an average annual headcount of not more than fifteen employees or average annual income of not more than 30 000 times the monthly calculation index — that is, not more than KZT 129 750 000 at the 2026 index of KZT 4 325.

The requirement to form a conciliation commission does not extend to categories whose employment is governed by the Code with the specific features laid down in special statutes — military personnel, staff of special state and law-enforcement bodies, civil protection bodies and civil servants.

How the conciliation commission works

The conciliation commission is a permanent body formed within the organisation on a parity basis from an equal number of employer and employee representatives (article 159(2)). The way it is constituted is set by an agreement on the commission’s work or by the collective agreement.

The key procedural deadlines are:

•          an application is registered by the commission on the day it is filed;

•          the commission must consider the dispute within fifteen working days of registration;

•          copies of the decision are issued to the parties within three working days of its adoption;

•          the decision is to be complied with within the period set by the commission, which may not exceed one monthfrom the date of the decision, except in a reinstatement dispute;

•          sums payable under the decision are paid to the applicant no later than the wage payment date of the following month.

A sitting and a decision are valid if an equal number of employer-side and employee-side members attended; each member has one vote; the decision must be reasoned, in writing and signed by the chair and the secretary. The chair is elected on a rotating basis at least once every two years. Sittings may be held using digital technologies.

Law No. 277-VIII added an independent mediator to article 159(3): the agreement on the commission’s work must set out the procedure for engaging a mediator and for the mediator’s participation, a proposal to involve a mediator must be considered by the other party within two working days, and in every case the mediator’s written consent to act must be obtained. The rule has applied since 8 June 2026.

Time limits under article 160

Type of dispute	Forum	Time limit
Reinstatement	Conciliation commission	1 month from delivery, or posting by registered letter, of a copy of the employer’s termination act
Reinstatement	Court after the commission	2 months from delivery or posting of a copy of the commission’s decision
Other employment disputes	Commission or court	1 year from the day the person knew or ought to have known of the breach
Reinstatement for those entitled to go straight to court	Court	Nominally 3 months — the provision has been held unco­nstitutio­nal; 1 year applies
Other disputes for those entitled to go straight to court	Court	1 year

Time is suspended while a mediation agreement on the dispute is in force, and where no conciliation commission exists, until one is formed.

Constitutional Court Normative Resolution No. 81-НП of 8 June 2026

By Normative Resolution No. 81-НП of the Constitutional Court of the Republic of Kazakhstan of 8 June 2026, article 160(1)(2) and the third paragraph of article 160(5) of the Labour Code were held compatible with the Constitution on the following interpretation:

the one-year period for applying to a court in employment disputes does not prevent an employee from exercising the right to judicial protection in respect of claims for wages due and other mandatory payments connected with remuneration, including overtime pay, where the employer’s obligation remains unperformed, within the general three-year limitation period under article 178 of the Civil Code of the Republic of Kazakhstan (General Part).

The practical effect for employers is substantial: for monetary claims connected with remuneration the exposure horizon is three years, not one. The one-year period in article 160 does not cut off claims for unpaid wages and overtime within the general limitation period.

Paragraph 2 of the operative part requires the Government within one year of publication to initiate a bill carving out wage-arrears disputes, including overtime arrears, as a separate category and setting a reasonable period for the employee to go to court. Paragraph 3 provides that the Resolution “enters into force on the day of its adoption, is generally binding throughout the territory of the Republic of Kazakhstan, final and not subject to appeal” — that is, from 8 June 2026.

Constitutional Court Normative Resolution No. 88-НП of 12 June 2026

By Normative Resolution No. 88-НП of the Constitutional Court of the Republic of Kazakhstan of 12 June 2026, the first and second paragraphs of article 160(5) of the Labour Code were held incompatible with the Constitution of the Republic of Kazakhstan, in so far as they set a three-month period for applying to a court for reinstatement for those entitled to go to court without first applying to a conciliation commission.

The Resolution gives an express direction for the period until the Code is amended:

Until amendments are made to the Labour Code of the Republic of Kazakhstan, in determining the period for that category of employees to apply to a court for reinstatement, regard is to be had to the Constitution of the Republic of Kazakhstan and to the third paragraph of article 160(5) of the Code on the one-year period for applying to a court in employment disputes.

This means that for employees of micro-businesses, non-profit organisations, branches and representative offices of foreign companies with up to fifteen employees, domestic workers and heads of executive bodies, the period for bringing a reinstatement claim is one year, not three months.

Resolution 88-НП also reached civil procedure: parts two and three of article 455 of the Civil Procedure Code were held incompatible with the Constitution in so far as they do not allow a judgment to be reopened on the basis of another judgment in force that disproves the factual foundations of the decision under review. Paragraph 4 of the operative part requires the Government within six months of publication to initiate a bill. The Resolution took effect on the day of its adoption, 12 June 2026.

The conflict with the Supreme Court resolution

Paragraph 4 of Normative Resolution No. 1 of the Supreme Court of 28 November 2024 reproduces the three-month period for that category — the resolution was adopted eighteen months before the Constitutional Court Normative Resolution and has not been brought into line on this point.

The conflict resolves in favour of the Constitutional Court Normative Resolution. Decisions of the Constitutional Court are binding throughout the Republic of Kazakhstan, final and not subject to appeal. Relying in a defence on paragraph 4 of Resolution No. 1 for the three-month period will not succeed.

The consequences of an unlawful dismissal

Article 161: an employee reinstated in their former job is paid wages for the whole period of enforced absence, or the difference in pay for the period spent in lower-paid work following an unlawful transfer, but for not more than six months.

A decision of a conciliation commission or a court reinstating an employee is enforceable immediately. Where the employer delays compliance, the commission or the court orders payment of wages, or of the difference in wages, for the period of delay — and that period is not subject to the six-month cap.

Paragraph 31 of Supreme Court Resolution No. 1 adds two practical rules: the employee is reinstated even though the former position has in fact been made redundant by the time the dispute is heard; and, at the unlawfully dismissed employee’s request, the court may confine itself to awarding pay for the period of enforced absence and changing the recorded ground of termination to resignation.

Claimants suing for wages and other claims connected with employment are exempt from state duty — article 668(1) of Code of the Republic of Kazakhstan No. 214-VIII of 18 July 2025 on Taxes and Other Obligatory Payments to the Budget (the Tax Code). Paragraph 34 of Supreme Court Resolution No. 1 cites article 616(1) — a provision of the former Tax Code No. 120-VI, which ceased to have effect on 1 January 2026; the citation was correct when the resolution was adopted and needs replacing when quoted in 2026. Article 616 of the Code now in force, No. 214-VIII, governs an entirely different subject: the rates of the fee for attracting foreign labour. The architecture of the new Code is analysed separately: see Kazakhstan’s tax system in 2026.

Administrative liability of the employer: four offences

Employer liability for breaches of labour legislation is set out in chapter 8 of Code of the Republic of Kazakhstan No. 235-V of 5 July 2014 on Administrative Offences. Four offences are relevant to the employment contract: articles 86, 87, 90 and 98.

All penalties are expressed in monthly calculation indices (MRP). The 2026 index is KZT 4 325, set by article 7 of Law of the Republic of Kazakhstan No. 239-VIII of 8 December 2025 on the Republican Budget for 2026–2028.

What the size of the fine depends on: categories of business

All four offences use the same scale, running from an official to a large business. The category is fixed not by the Code on Administrative Offences but by article 24 of the Entrepreneurial Code of the Republic of Kazakhstan, on two criteria: average annual headcount and average annual income. The index used is the one in force on 1 January of the relevant financial year — KZT 4 325 for 2026.

Category	Criteria (art. 24 Entre­preneu­rial Code)	Income threshold at KZT 4 325
Micro­-bu­siness	A small business entity with not more than 15 employees or income of not more than 30 000 times the index	up to KZT 129 750 000
Small business	Not more than 100 employees and income of not more than 300 000 times the index	up to KZT 1 297 500 000
Medium business	Neither small nor large	—
Large business	More than 250 employees and/or income above 3 000 000 times the index	above KZT 12 975 000 000

Article 24(4) of the Entrepreneurial Code contains an important carve-out: persons carrying on banking and insurance-market activity, audit activity, professional securities-market activity, credit bureau activity, security services, commodity-exchange activity, gambling, the production and wholesale of excisable goods and a number of other activities cannot be classified as small or micro businesses. They rank as medium businesses, or as large ones if they meet the article 24(6) criteria. For them the fine under article 86(1) is not 60 but 80 or 150 MRP.

Article 86: admitting a person to work without an employment contract

Part	Conduct	Officials	Small business and NPOs	Medium business	Large business
1	Admitting a person to work with no contract	30 MRP	60 MRP	80 MRP	150 MRP
2	Repeat within a year	60 MRP	80 MRP	100 MRP	200 MRP
3	In respect of minors	50 MRP	80 MRP	150 MRP	200 MRP
4	Repeat of part 3	70 MRP	150 MRP	200 MRP	300 MRP

In tenge at the 2026 index: part 1 ranges from KZT 129 750 to KZT 648 750; part 4 from KZT 302 750 to KZT 1 297 500.

Article 86 provides no warning for a first offence. The substantive basis of the offence is article 33(3) of the Labour Code: a person may be admitted to work only after an employment contract has been concluded.

Article 87: breaches of pay requirements

Part 1 covers failure to pay wages in full and on time, and equally the failure to accrue and pay default interest for the period of delay through the employer’s fault: 30 / 60 / 100 / 150 MRP. Part 2, on repetition, is 60 / 80 / 150 / 200 MRP.

Parts 3 and 4 penalise breaches of the rules on overtime pay, pay for public holidays and rest days and night work: 30 / 60 / 80 / 120 MRP and 60 / 80 / 100 / 150 MRP respectively.

Article 90: permitting discrimination in employment

Part	Conduct	Penalty
1	Breach of the right to equal pay for equal work and to equal working and welfare facilities, including under staff-supply contracts	30 MRP (officials, small business, NPOs) / 60 MRP (medium) / 100 MRP (large)
2	Repeat within a year	60 / 80 / 120 MRP
3	Publishing vacancy information containing discri­mi­natory requirements, by an employment centre, a private employment agency or an employer	15 MRP (individuals) / 30 MRP (small business, NPOs) / 50 MRP (medium) / 100 MRP (large)

Part 3 operates alongside article 25 of the Labour Code and the new duty, in force since 4 August 2026, to give written reasons for refusing to hire.

Article 98: breaches of the register filing rules

Parts 1-1 and 2-1 are analysed in the section on the unified register: 30 / 60 / 80 / 150 MRP for a first offence and 60 / 80 / 100 / 200 MRP for a repeat within a year.

Parts 5 and 6 of article 98 were repealed by Law of the Republic of Kazakhstan No. 71-VIII of 6 April 2024. Commentary that still cites them is reproducing a superseded text.

What the Code on Administrative Offences does not contain

There is no separate offence of “unlawful dismissal”. Liability for an unlawful termination is not administrative but remedial and compensatory in character: reinstatement, pay for enforced absence capped at six months under article 161 of the Labour Code, and pay for the period of delay in complying with the reinstatement order over and above that cap.

That changes the risk calculus materially. The maximum administrative fine under article 86 is KZT 1 297 500, whereas six months’ pay for a senior manager may exceed that many times over, and the obligation to reinstate has no monetary equivalent and cannot be bought out at the employer’s election.

State supervision

Compliance with labour legislation is supervised by state labour inspectors (article 191(1) of the Labour Code). Article 191(5) defines the forms of supervision: an inspection and preventive control involving a visit to the person or site supervised — under the Entrepreneurial Code of the Republic of Kazakhstan, unless ratified international treaties provide otherwise. Article 192 lists the handling of applications from employees, employers and their representatives among the inspectorate’s principal tasks. The practical lesson is that the HR file must be built at the moment the step is taken, not when the inspection notice arrives — explanatory notes, acts and notices cannot be recreated retrospectively, and their absence is construed against the employer.

If you are building the tax perimeter at the same time, it is worth checking the inspection and appeal procedures: see the analysis of desk control, tax audits and appeals in Kazakhstan in 2026.

The AIFC: a separate employment regime inside Kazakhstan

The Astana International Financial Centre (AIFC) is a territory within the city of Astana operating under the special legal regime established by Constitutional Law of the Republic of Kazakhstan No. 438-V of 7 December 2015 on the Astana International Financial Centre. The employment of staff of AIFC participants and bodies is governed by the Centre’s own act rather than by the Labour Code of the Republic of Kazakhstan.

The hierarchy of norms

Article 4(1) of the Constitutional Law provides that the law in force of the Centre is based on the Constitution of the Republic of Kazakhstan and consists of:

1.        the Constitutional Law itself;

2.        acts of the Centre not contrary to it, which may be based on the principles, norms and precedents of the law of England and Wales and/or on the standards of leading global financial centres;

3.        the law in force of the Republic of Kazakhstan — to the extent not covered by the Constitutional Law and by acts of the Centre.

The resulting structure is that the Labour Code of the Republic of Kazakhstan applies to staff of AIFC participants only residually, where the question is not covered by acts of the Centre.

Article 8 of the Constitutional Law separately relieves participants and bodies of the Centre from obtaining a permit to attract foreign labour: they may engage foreign nationals and stateless persons without any permit, and those engaged are relieved of the duty to obtain an employment permit. Two duties replace it: to hold documents evidencing the high qualification of each person engaged, and to report those engaged to the Centre’s administration, which maintains the record and informs the migration authority.

AIFC Employment Regulations: the version in force

The version in force is AIFC Employment Regulations V4, with amendments as of 15 January 2021, commencing 15 January 2021. The act itself came into force on 1 January 2018. Versions V1, V2 and V3 appear on the Centre’s website under “Past versions” and are not to be applied.

The principal divergences from the Labour Code are:

Parameter	Labour Code of the RK	AIFC Employment Regulations V4
Language of the contract	The Labour Code imposes no language requirement	English only (s. 11(1))
Delivery of the signed copy	One counterpart to each party on signature	Within 2 months of the start of employment (s. 11(2))
Minimum hiring age	16; 15 where basic or general secondary education has been obtained, 14 for students outside school hours, and under 14 in cinema, theatre and circus organisations — art. 31	Not under 18 (s. 9)
Probationary period	3 months; 6 months for executives	3 months for everyone, and it must be stated in the contract (s. 15(1))
Dismissal during probation	Notice stating reasons; no period set	1 week without cause, or no notice where there is cause (s. 15(2))
Notice where service is under 3 months (the rule applies once continuous service reaches 1 month)	Not less than 1 month	7 days (s. 60(2)(a))
Notice where service is 3 months to 5 years	Not less than 1 month	30 days (s. 60(2)(b))
Notice where service is 5 years or more	Not less than 1 month	90 days (s. 60(2)(c))
Final settlement	Not later than 3 working days	Within 14 days after the sums fall due (s. 19)
Severance	Mandatory on liquidation, redundancy and decline in output	Only if the contract provides for it (s. 64)
Written statement of reasons for dismissal	Required on specific grounds	On written request where service is at least 1 year (s. 62)
Mandatory pension contributions	Under Kazakh legislation	For Kazakh nationals, under Kazakh legislation (s. 63)
Dispute resolution	Conciliation commission, then the Kazakh courts	The AIFC Court (s. 4(3))

Section 7 provides that the Regulations set minimum requirements and that any agreement to waive them is void. The exception is a settlement agreement in writing, signed by both parties, with valid consideration provided to the party waiving claims.

Termination for cause without notice under section 61 is available in four cases: the employee has committed a crime with a material and detrimental impact on the employer; the employee has committed a repudiatory breach of the contract; the employee has materially contravened the Regulations with a material and detrimental impact on the employer; or another reason prescribed by rules made by the Board or by the contract.

The practical conclusion for a group with both an AIFC and a mainland presence is that a single HR policy is not achievable. AIFC participants’ contracts are drafted in English under the AIFC Employment Regulations, Kazakh LLP contracts under the Labour Code; notice periods, severance and the dispute forum differ fundamentally.

Related AIFC acts are the AIFC Rules on Keeping Records of Foreign Labour Attracted by AIFC Participants and AIFC Bodies and the AIFC Qualifications Necessary for Employment in the AIFC.

Do not extend this construction to Kazakhstan’s other special regimes. Only the AIFC has its own employment law. Participants in the Astana Hub technology park and residents of special economic zones are not carved out of the Labour Code: there is no separate employment instrument for them, and their contracts are drafted under the Code’s general rules. The participation conditions at Astana Hub and the duties attached to them are covered separately: see Astana Hub participation rules in 2026.

The choice between the two perimeters is analysed separately: see AIFC or LLP: choosing a jurisdiction inside Kazakhstan.

A step-by-step algorithm: from hiring to dismissal without breaches

Step 1. Check the prohibitions before signing

Run through article 26(1): a former civil servant within a year; a person convicted of a corruption crime, or subject to an administrative penalty for a corruption offence within the past three years; a person disqualified by a court judgment; a foreign national without a foreign-labour permit, a certificate of qualification conformity for independent job placement or a labour immigrant permit. For positions under article 26(2)(2), obtain the corruption-offence information yourself — that is the employer’s duty under article 32(3).

Step 2. Collect the article 32 documents and demand nothing more

The five documents of article 32(1), plus the criminal-record certificate for work involving minors and, for employees taking a second concurrent job, the certificate on the nature and conditions of work at the principal employer. Demanding other documents is prohibited by article 32(6).

Step 3. Draft the contract with all thirteen mandatory elements

Check against article 28(1). If a probationary period is to apply, put the clause in the contract itself: it cannot be added later.

Step 4. Check the term

A fixed term must be at least one year, save in the four exceptions; small businesses are exempt from that floor. Remember the ceiling of two extensions.

Step 5. Sign before the employee actually starts work

Article 33(3). The sanction is article 86 of the Code on Administrative Offences: 30 to 150 MRP, with no warning.

Step 6. File in the unified register within five working days

Paragraph 7 of the Rules approved by Order No. 353. Check the data set against paragraph 3 of the Rules.

Step 7. On dismissal, fix the ground under article 49 and the procedure under article 53

The ground determines the notice period, whether a commission decision or an expert opinion is needed, whether severance is payable, and whether the article 54 restrictions apply.

Step 8. Check the article 54 restrictions and the employee’s union status

Sick leave or holiday blocks twenty-three of the twenty-seven grounds. For a member of an elected union body, obtain the reasoned opinion before the order is issued.

Step 9. On disciplinary grounds, comply with articles 65 and 66

Request a written explanation, allow two working days, take into account the substance, nature and gravity of the misconduct and the employee’s contrition, and issue the act within one month of discovery and six months of commission.

Step 10. Issue the employer’s act and deliver a copy within three working days

Article 61(3). State the ground in the Code’s exact wording.

Step 11. Issue documents and settle

The employment-history document on the day of termination; the final settlement not later than three working days; the certificate and reference within five working days of a request.

Step 12. File the termination in the unified register within three working days

Paragraph 12 of the Rules. Once filed, you can no longer correct the entry yourself.

Common employer mistakes and what they cost

Mistake 1. A fixed-term contract for less than one year

Article 30(1)(2) requires a term of not less than one year, save in four cases. A “three-month contract to see how it goes” contradicts the Code.

What it costs: under article 10(2) of the Code, provisions of employment contracts that worsen the employee’s position by comparison with labour legislation are invalid and are not to be applied. A term of less than one year falls within that rule, so termination under article 49(1)(2) loses its basis. The dismissal is held unlawful, the employee is reinstated, and the employer pays for enforced absence up to six months under article 161. On an average wage of KZT 500 000 that is up to KZT 3 000 000, plus reinstatement.

Mistake 2. A probationary period introduced by supplementary agreement

Article 36(1) allows probation to be set on the conclusion of the contract. Paragraph 14 of Supreme Court Resolution No. 1 confirms that the clause may be agreed only on conclusion.

What it costs: the probationary clause is ineffective, the ground in article 52(1)(7) is unavailable, and the dismissal is unlawful. Reinstatement plus pay for enforced absence. If a replacement has already been hired, that person’s contract terminates under article 57(1)(5) — reinstatement of an employee who previously performed the work.

Mistake 3. Dismissing on probation for conduct rather than qualification

Paragraph 14 of Resolution No. 1: an unsatisfactory probation result must be supported by objective data relating solely to qualification for the work assigned, and no other circumstances may serve as a basis.

What it costs: a notice citing lateness, team conflict or unwillingness to work overtime becomes evidence against the employer. Reinstatement plus up to six months’ pay.

Mistake 4. A civil-law contract instead of employment after 8 June 2026

Article 26(1-1), as introduced by Law No. 277-VIII: a contract containing even one distinguishing feature of an employment contract under article 27 is recognised as an employment contract regardless of its name.

What it costs: the relationship is treated as employment from the day work actually began (article 33(3)); a fine under article 86 of the Code on Administrative Offences of 30 to 150 MRP, that is KZT 129 750 to KZT 648 750, rising to 200 MRP on repetition; arrears of mandatory pension contributions, social contributions and compulsory social health insurance contributions for the whole period; a fine under article 98(1-1) for failing to file in the unified register of 30 to 150 MRP; and employee claims for compensation for unused days of paid annual leave across the whole period. For monetary claims connected with remuneration, Normative Resolution No. 81-НП of the Constitutional Court of 8 June 2026 expressly opens the three-year horizon under article 178 of the Civil Code; the Resolution speaks of wages and other mandatory payments connected with remuneration and does not name compensation for unused leave separately, so for that head the one-year period in article 160(1)(2) should be assumed.

Mistake 5. Making redundant an employee within two years of pensionable age

The second paragraph of article 53(1) requires a positive decision of a parity commission for termination under sub-paragraphs 2) and 4) of article 52(1).

What it costs: without that decision the dismissal is unlawful however well founded the redundancy. Reinstatement, pay for enforced absence, and the whole redundancy procedure repeated with a month’s notice and severance under article 131.

Mistake 6. Dismissing a member of an elected union body without a reasoned opinion

Article 26 of the Law on Trade Unions and paragraph 8 of Supreme Court Resolution No. 1: the absence of a reasoned opinion at the moment of termination is an unconditional ground for allowing a reinstatement claim.

What it costs: the court reinstates the employee without examining the merits of the dismissal ground at all. A separate trap: the union must notify the employer of such elections within three working days, but the union’s failure to do so does not remove the employer’s exposure — the sound practice is to request the current composition of elected bodies before starting a dismissal.

Mistake 7. Late filing in the unified register

Paragraphs 7, 8 and 12 of the Rules approved by Order No. 353: five working days for conclusion, fifteen calendar days for amendments, three working days for termination.

What it costs: a fine under article 98(1-1) of 30 to 150 MRP — KZT 129 750 to KZT 648 750 — rising to 200 MRP, that is KZT 865 000, on a repeat within a year. There is no warning for a first offence. Lateness is detected automatically by comparing the date of conclusion with the date of filing.

Mistake 8. Citing repealed Supreme Court Resolution No. 9 of 2017

Normative Resolution No. 9 of the Supreme Court of 6 October 2017 is no longer in force, having been repealed by Resolution No. 1 of 28 November 2024.

What it costs: a defence built on a repealed instrument establishes no legal position; the court applies Resolution No. 1, which is stricter in several respects — notably on the burden of proving financial insolvency in a dismissal under article 52(1)(3) and on the unconditional character of the trade-union guarantee.

Mistake 9. Calculating the employee’s court deadline on the three-month rule

Constitutional Court Normative Resolution No. 88-НП of 12 June 2026 held the three-month period for reinstatement claims by employees entitled to go straight to court unconstitutional; the one-year period applies.

What it costs: an employer that treats the dispute as time-barred after three months does not build an evidential file and loses documents. Eleven months later the claim is admitted, and there is nothing left to justify the dismissal.

Mistake 10. Failing to accrue default interest on a late final settlement

Article 113(4): settlement is made not later than three working days after termination, and default interest accrues at 1.25 times the National Bank’s base rate.

What it costs: article 87(1) of the Code on Administrative Offences covers failure to accrue and pay the interestseparately from failure to pay wages: 30 / 60 / 100 / 150 MRP. Clearing the principal without the interest does not cure the offence.

Whom the Kazakh regime suits, whom it does not, and when to take professional advice

Whom it suits

•          Companies with a permanent Kazakh headcount. The Code offers a clear set of twenty-seven dismissal grounds with defined procedures, and the conciliation commission allows a substantial share of disputes to be resolved before litigation.

•          Employers with a seasonal or project-based model. Sub-paragraphs 3), 4), 5) and 6) of article 30(1) allow the one-year rule to be avoided lawfully, and article 134 gives shortened notice periods for seasonal work.

•          Small businesses. Article 30(2) removes the minimum-term floor for fixed-term contracts, which makes short-term hiring lawful.

•          Micro-businesses and branches of foreign companies with up to fifteen employees. Since 4 August 2026 they are expressly outside the mandatory pre-trial stage — disputes go straight to court, with no conciliation commission to constitute.

Whom it does not suit

•          Companies built on civil-law contracts with individuals. Since 8 June 2026 that is expressly prohibited by article 26(1-1), and recharacterisation happens by operation of law.

•          Employers counting on dismissing an unsuitable hire quickly. Probation tests qualification only, a fixed term cannot be shorter than a year, and sick leave blocks twenty-three of the twenty-seven grounds.

•          Companies without a functioning HR documentation process. Almost every article 52 ground requires documentary support — an act, an opinion, a commission decision, an explanatory note — and its absence is construed against the employer.

•          Groups seeking one HR policy across jurisdictions. The Labour Code regime and the AIFC Employment Regulations regime are incompatible on the language of the contract, notice periods, severance and the dispute forum.

When professional review is needed

•          on a headcount reduction that catches employees near pensionable age, pregnant women, women with children under three, sole parents or members of elected union bodies;

•          on a dismissal under article 52(1)(3), because financial insolvency must be proved and three cumulative conditions met at the same time;

•          on moving staff between a Kazakh LLP and an AIFC participant;

•          on auditing existing civil-law contracts against article 26(1-1) as it stands from 8 June 2026;

•          on dismissing the head of an executive body, where the Code, the constitutional documents and the legislation on partnerships and joint-stock companies apply together;

•          where wage arrears exist, because Constitutional Court Normative Resolution 81-НП extended the claim horizon to three years.

If you are only now building a presence in Kazakhstan, start with the choice of legal form and tax perimeter: company registration and related matters.

Frequently asked questions

What is the maximum probationary period in Kazakhstan in 2026?

Three months as a general rule. For heads of organisations and their deputies, chief accountants and their deputies, and heads of branches and representative offices, up to six months. The basis is article 36(2) of the Labour Code of the Republic of Kazakhstan.

Can a probationary period be applied to a pregnant employee or to a minor?

The Labour Code contains no express prohibition: it has no list of persons who may not be placed on probation. The only express prohibition is article 134(3), for seasonal work. However, dismissal for a negative probation result is dismissal at the employer’s initiative and is subject to the restrictions in article 54.

How much notice must be given to dismiss someone on probation in Kazakhstan?

The Labour Code sets no notice period. Article 37 requires a notice stating the reasons but prescribes no period. The notice must be served before the probationary period expires: if it expires without notice, the employee is treated as having passed probation.

Can an employment contract be concluded for three months?

Not as an ordinary fixed-term contract: article 30(1)(2) requires a term of at least one year. The exceptions are contracts for the duration of specific work, to replace a temporarily absent employee, for seasonal work, and within the term of a foreign worker’s permit documents. The floor also does not apply to small businesses (article 30(2)).

How many times can a fixed-term contract be extended in Kazakhstan?

Not more than twice. If the relationship continues after that, the contract is deemed to have been concluded for an indefinite term. The basis is the fifth and sixth paragraphs of article 30(1)(2).

What changed in the Kazakh Labour Code in 2026?

Five changes matter. From 8 June 2026, under Law No. 277-VIII, a civil-law contract bearing the features of employment is treated as an employment contract (article 26(1-1)), and redundancy protection was extended from single mothers to sole parents (article 54(2)). From 4 August 2026, under Law No. 295-VIII, employers must give written reasons for refusing to hire a protected candidate (article 25), sick leave and social leave are excluded from the calculation of the last working day of a fixed-term contract (article 30), and the termination date for a materially responsible employee is now the day the handover is completed (article 56(5)).

Is it compulsory to go to a conciliation commission before court?

Yes, except for disputes involving employees of micro-businesses, non-profit organisations, and branches and representative offices of foreign legal entities with not more than fifteen employees, domestic workers, the sole executive body, the head of the executive body and other members of a collegial executive body. The basis is article 159(1).

What is the limitation period for a reinstatement claim?

One month to apply to the conciliation commission, running from delivery of a copy of the termination act, and two months to go to court from delivery of a copy of the commission’s decision. For those entitled to go straight to court, the Code nominally sets three months, but that provision was held unconstitutional by Constitutional Court Normative Resolution No. 88-НП of 12 June 2026, and until the Code is amended the one-year period applies.

Can unpaid wages be recovered for a period longer than one year?

Yes. Under Normative Resolution No. 81-НП of the Constitutional Court of the Republic of Kazakhstan of 8 June 2026, the one-year period in article 160 does not prevent recovery of wages due and other mandatory payments connected with remuneration, including overtime pay, within the general three-year limitation period under article 178 of the Civil Code.

What is the fine for employing someone without a contract in Kazakhstan?

Under article 86(1) of the Code on Administrative Offences: 30 MRP for officials, 60 MRP for small businesses and non-profit organisations, 80 MRP for medium-sized businesses and 150 MRP for large businesses. At an index of KZT 4 325 that is KZT 129 750 to KZT 648 750. There is no warning for a first offence.

By when must an employment contract be filed in the unified register?

Not later than five working days from signature by both parties, not later than fifteen calendar days for amendments, and not later than three working days from termination. The basis is paragraphs 7, 8 and 12 of the Rules approved by Order No. 353 of the Minister of Labour and Social Protection of the Population of 3 September 2020.

When must the employer pay the final settlement on termination?

Not later than three working days after the contract ends. If that is missed, default interest accrues at 1.25 times the National Bank’s base rate for each overdue calendar day. The basis is article 113(4).

Can an employee on sick leave be dismissed?

As a rule, no: article 54(1) prohibits termination at the employer’s initiative during temporary incapacity and leave. The only exceptions are four grounds in article 52(1) — sub-paragraphs 1), 18), 20) and 23) — and the whole of article 52(1-1).

Does the Kazakh Labour Code apply in the AIFC?

Only residually. Under article 4(1)(3) of Constitutional Law No. 438-V, the law in force of the Republic of Kazakhstan applies to the extent not covered by the Constitutional Law and by acts of the Centre. The employment of staff of AIFC participants and bodies is governed by the AIFC Employment Regulations in version V4 of 15 January 2021, and disputes are heard by the AIFC Court.

Key takeaways

1.        Labour Code of the Republic of Kazakhstan No. 414-V of 23 November 2015 remains in force in September 2026; no new code has been adopted. The most recent amending law is Law of the Republic of Kazakhstan No. 334-VIII of 7 July 2026.

2.        The central 2026 change is article 26(1-1): a civil-law contract with an individual bearing even one feature of an employment contract under article 27 is treated as an employment contract by operation of law. In force since 8 June 2026.

3.        Probation is capped at three months, six for executives, chief accountants and heads of branches; it can be imposed only on conclusion of the contract and is suspended while the employee is actually absent.

4.        The only statutory prohibition on probation is seasonal work (article 134(3)). The Code contains no list of protected categories.

5.        Dismissal for failed probation must rest on data relating solely to qualification; no other circumstances may serve as a basis (paragraph 14 of Supreme Court Resolution No. 1).

6.        A fixed-term contract runs for at least one year and may be extended no more than twice; the exceptions are four kinds of work and small businesses.

7.        The twenty-seven employer-initiated grounds (sub-paragraphs 1)–25) plus 4-1) and 5-1)) group by procedure: ten require the disciplinary route of articles 65 and 66, eight require an opinion, an act or a commission decision, and the rest turn on special notice periods or on a supporting judicial or administrative document.

8.        Notice periods differ: one month on liquidation and redundancy, fifteen working days on a decline in output, and none at all for a failed probation.

9.        Sick leave and holiday block twenty-three of the twenty-seven grounds; pregnant women, women with children under three and sole parents are additionally protected against redundancy and decline-in-output dismissals.

10.    Two 2026 Constitutional Court Normative Resolutions changed the risk calculus: 81-НП opened a three-year horizon for monetary claims, and 88-НП struck down the three-month reinstatement deadline for certain categories.

11.    Supreme Court Resolution No. 9 of 2017 is repealed; Resolution No. 1 of 28 November 2024 applies.

12.    The AIFC is a self-contained regime: contracts in English, three months’ probation for everyone, notice of 7 / 30 / 90 days by length of service, settlement within 14 days, severance only if contracted for, and disputes in the AIFC Court.

Summary 

Employment in Kazakhstan in 2026 is governed by Code of the Republic of Kazakhstan No. 414-V of 23 November 2015, the Labour Code of the Republic of Kazakhstan, in force since 1 January 2016 and current as at September 2026 as amended up to Law of the Republic of Kazakhstan No. 334-VIII of 7 July 2026. A probationary period may not exceed three months, rising to six months for heads of organisations and their deputies, chief accountants and their deputies and heads of branches and representative offices (article 36(2)); the only statutory prohibition on probation is article 134(3), for seasonal work. A fixed-term employment contract runs for not less than one year and may be extended no more than twice (article 30(1)(2)). Dismissal at the employer’s initiative is permitted on one of the twenty-seven grounds in article 52(1), following the procedure in article 53: not less than one month’s notice on liquidation and redundancy, and fifteen working days on a decline in output. The final settlement is paid not later than three working days after termination (article 113(4)), and loss-of-employment severance is one month’s average wage on liquidation and redundancy and two months’ average wage on a decline in output (article 131). Since 8 June 2026, article 26(1-1), introduced by Law of the Republic of Kazakhstan No. 277-VIII of 7 April 2026, treats as an employment contract any civil-law contract with an individual containing at least one distinguishing feature of employment under article 27. The conclusion of a contract must be filed in the unified register of employment contracts within five working days and a termination within three working days; breach is punished under article 98(1-1) of the Code on Administrative Offences by a fine of 30 to 150 monthly calculation indices, the index for 2026 being KZT 4 325. Normative Resolution No. 81-НП of the Constitutional Court of 8 June 2026 confirmed the employee’s right to recover wages within the three-year limitation period, and Resolution No. 88-НП of 12 June 2026 held the three-month court deadline for reinstatement claims by certain categories unconstitutional, the one-year period applying instead. Within the Astana International Financial Centre the AIFC Employment Regulations in version V4 of 15 January 2021 apply, and the Labour Code applies only residually.

Sources

1.        Code of the Republic of Kazakhstan No. 414-V ZRK of 23 November 2015, the Labour Code of the Republic of Kazakhstan — Әділет legal information system

2.        Law of the Republic of Kazakhstan No. 277-VIII ZRK of 7 April 2026 on amendments to certain legislative acts on improving safe working conditions, protecting employees’ labour rights and social security

3.        Law of the Republic of Kazakhstan No. 295-VIII ZRK of 3 June 2026 on amendments to certain legislative acts on improving labour legislation

4.        Law of the Republic of Kazakhstan No. 311-VIII ZRK of 12 June 2026 on amendments to certain legislative acts on combating corruption

5.        Law of the Republic of Kazakhstan No. 334-VIII ZRK of 7 July 2026 on amendments to certain legislative acts on improving social legislation

6.        Code of the Republic of Kazakhstan No. 235-V of 5 July 2014 on Administrative Offences

7.        Order No. 353 of the Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan of 3 September 2020 approving the Rules on submitting and obtaining information about an employment contract in the unified register of employment contracts

8.        Law of the Republic of Kazakhstan No. 211-V of 27 June 2014 on Trade Unions

9.        Law of the Republic of Kazakhstan No. 239-VIII of 8 December 2025 on the Republican Budget for 2026–2028

10.    Code of the Republic of Kazakhstan No. 214-VIII of 18 July 2025 on Taxes and Other Obligatory Payments to the Budget (the Tax Code)

11.    Constitutional Law of the Republic of Kazakhstan No. 438-V of 7 December 2015 on the Astana International Financial Centre

12.    Normative Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan of 28 November 2024 on certain questions of the application by the courts of legislation in resolving employment disputes

13.    Normative Resolution No. 9 of the Supreme Court of the Republic of Kazakhstan of 6 October 2017 (repealed)

14.    Normative Resolution No. 81-НП of the Constitutional Court of the Republic of Kazakhstan of 8 June 2026

15.    Normative Resolution No. 84-НП of the Constitutional Court of the Republic of Kazakhstan of 9 June 2026

16.    Normative Resolution No. 88-НП of the Constitutional Court of the Republic of Kazakhstan of 12 June 2026

17.    AIFC Employment Regulations — the Employment section of the AIFC legal framework

18.    AIFC Employment Regulations, effective version V4

19.    AIFC Employment Regulations, full text

20.    National Bank of the Republic of Kazakhstan — base rate

21.    National Bank of the Republic of Kazakhstan — press release on the reduction of the base rate to 16.75 per cent, 24 July 2026

All links were checked on the date of publication. The texts of legislative acts are cited from the consolidated version in the Әділет legal information system of the Republic of Kazakhstan as at 29 August 2026.

Disclaimer

This material is for information only and does not constitute legal, tax, financial, investment or consulting advice. Before taking any decision you should obtain individual professional advice reflecting your specific circumstances, jurisdiction, corporate status and the regulators’ current requirements.

Date of publication: September 2026.