Deduction of an Employee’s Salary Based on a Resolution of a Private Bailiff - FCHAIN

Deduction of an Employee’s Salary Based on a Resolution of a Private Bailiff

The deduction of an employee’s salary pursuant to a decision of a Private Bailiff (PBE) is a lawful enforcement measure governed by the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs.”

A bailiff issues a resolution specifying the number of monthly deductions and forwards it to the debtor’s employer for execution. Monitoring the accuracy and timeliness of the deductions, as well as the transfer of the deducted amounts to the creditor, also falls within the bailiff’s responsibilities.

Article 93 of the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs” provides that a debtor’s salary and other income may be used to satisfy outstanding obligations. This is permitted in cases involving regular payments, where the total amount of debt does not exceed 100 Monthly Calculation Indices (MCI), or in relation to other types of debt, provided that the debtor has no other property, or insufficient property, to fully repay the debt. At the same time, as stipulated in Article 94 of the Law, the amount of deductions is calculated based on the employee’s net income, that is, the amount actually received after all mandatory taxes and payments have been withheld.

 

Employer’s Obligations

The Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs” imposes a number of obligations on employers and other persons paying income to a debtor. In particular, pursuant to Article 100, they are required to timely provide the bailiff with accurate information regarding the debtor’s place of employment and income, as well as to carry out deductions under the enforcement document and transfer the deducted amounts to the creditor. Clause 4 of Article 93 further obliges employers, within three days, to notify the bailiff of the debtor’s dismissal and, if such information is available, to inform the bailiff of the debtor’s new place of employment or residence.

Thus, from the moment a resolution of a private bailiff on deductions from an employee’s salary is received, its execution constitutes a direct statutory obligation of the employer. The employer is required to accept the resolution for execution without the employee’s consent, notify the employee of the deductions, ensure the correct calculation of deductions in compliance with statutory limits, timely transfer the deducted amounts to the creditor or to the bailiff’s deposit account, and notify the bailiff within the prescribed time frame in the event of the employee’s dismissal.

Failure to comply with resolutions and lawful instructions of a bailiff, as well as the provision of distorted or inaccurate information or refusal to fulfill lawful requirements of a bailiff in Kazakhstan, entails administrative liability. Offenders may be subject to fines ranging from 10 to 50 Monthly Calculation Indices. The amount of the fine depends on the status of the offender, the type of violation (non-compliance, provision of inaccurate information, or evasion of transferring funds), as well as the degree of fault and the consequences incurred.

 

How FChain Helps

In the context of strict regulation of enforcement proceedings and the high level of employer responsibility for complying with orders issued by private bailiffs, professional support in managing such processes plays a crucial role. FChain provides employers with comprehensive legal and consulting support on matters related to wage deductions from employees based on enforcement documents.

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

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The article was prepared by Sergey Gaidarov and Arslan Edigeev,

Legal Department, FChain Kazakhstan

January 28, 2026