Amendments to the Labor Code: When Civil Law Contracts Cannot Be Used - FCHAIN

Amendments to the Labor Code: When Civil Law Contracts Cannot Be Used?

On February 4, 2026, the Mazhilis of the Parliament of the Republic of Kazakhstan approved in the second reading amendments to legislation aimed at strengthening the protection of labor rights and improving the occupational safety system. The changes affect several regulatory acts at once: the Labor Code, the Social Code, and the Code of the Republic of Kazakhstan “On Public Health and the Healthcare System.”

Ban on Replacing Employment Contracts with Civil Law Contracts

The key innovation is the prohibition on concluding civil law contracts with individuals if there are signs of employment relationships.

According to the Ministry of Labor, such signs include:

• performing work for a specific profession or position;
• personal performance of work with subordination to the employer’s internal labor regulations;
• receiving remuneration for the labor process rather than for a specific result.

If at least one of these signs is present, the employer is required to conclude an employment contract.
This measure is primarily aimed at protecting workers in high-risk sectors, including the construction industry, where employment contracts are often replaced by Civil Law contracts.

 

New Requirements for Collective Agreements

The amendments also expand the mandatory content of collective agreements. They must now include:

• provisions on the acceptable ratio between the maximum and minimum wage levels for relevant professions and positions;
• conditions for the payment of benefits and compensation, including compensation in cases of work-related accidents.

 

Strengthening Occupational Safety and the Role of Specialists

The draft law introduces a number of changes in the field of occupational safety:

• the authorized healthcare body is granted the authority to approve rules for determining the severity of occupational injuries;
• the procedure for engaging and involving a mediator in the work of a conciliation commission is clarified;
• direct subordination of the occupational safety and health specialist to the first head of the organization is established, increasing management’s personal responsibility for ensuring safe working conditions.

 

What This Means for Business

The adopted amendments will require employers to:

• review their practice of using Civil Law contracts;
• bring HR and contractual relationships into compliance with the Labor Code;
• update collective agreements and internal occupational safety regulations.

The law is aimed at creating more transparent and protected labor relations, as well as reducing the level of occupational injuries.

 

Strengthening the Protection of Workers’ Labor Rights in Kazakhstan

 

FChain helps employers adapt to changes in labor legislation in a timely manner by conducting audits of Civil Law and employment contracts, identifying reclassification risks, and bringing HR processes into compliance with new legal requirements. FChain specialists support businesses in labor relations, occupational safety, and compliance, reducing legal and financial risks for companies.

 For professional support, please contact us at almaty@f-chain.com or via WhatsApp at +7 771 214 1820

 

Prepared by: Moldir Mukhtar

Business Development Specialist

FChain Kazakhstan

February 12, 2026