Key Changes to the Labour Code of Kazakhstan in August 2026 - FCHAIN

Key Changes to the Labour Code of Kazakhstan in August 2026

In August 2026, a number of amendments and additions to Kazakhstan’s Labour Code came into force. The new provisions affect the rights and obligations of employees and employers, the conclusion and termination of employment contracts, changes to working conditions, HR procedures, medical examinations, occupational safety and health, as well as the digitalisation of HR processes. Most of the amendments covered in this article took effect on 4, 13 and 25 August 2026. Certain provisions have later effective dates, including 1 January 2027. These changes are important for businesses, as employers need to take the new provisions into account when managing employment relationships, maintaining HR documentation and organising internal processes.

 

Cybersecurity Added to the Obligations of Employees and Employers

From 25 August 2026, Article 22 of the Labour Code includes a requirement for employees to comply with cybersecurity requirements. Employees must now comply not only with occupational safety and health, fire safety, industrial safety and workplace sanitation requirements, but also with cybersecurity requirements. At the same time, Article 23 of the Labour Code introduces a new obligation for employers. Employers must familiarise employees with the requirements of their internal acts relating to cybersecurity and exercise internal control over compliance with these requirements.

 

Employee Rights to Protection of Honour, Dignity and Privacy

From 4 August 2026, the fundamental principles of labour legislation include ensuring an employee’s right to respect and protection of their honour and dignity in the workplace. At the same time, Article 22 of the Labour Code establishes an employee’s right to privacy and to respect and protection of their honour and dignity in the workplace.

 

Written Explanation of the Reason for Refusal of Employment

The amendments also affect guarantees of equal rights and opportunities when concluding an employment contract. The Labour Code provides that pregnancy, having children under the age of three, being a minor, or having a disability may not restrict a person’s right to enter into an employment contract, except in cases provided for by the Code. At the request of a person to whom one of these circumstances applies, the employer must now provide a written explanation of the reason for refusing to conclude an employment contract. Employers should take this requirement into account when organising recruitment procedures and documenting decisions to refuse employment.

 

Changes to the Rules for Concluding and Extending Fixed-Term Employment Contracts

An employment contract may be concluded for a fixed term of at least one year, except in cases provided for by the Labour Code. Upon expiry, the parties may extend the contract for an indefinite period or for another fixed term of at least one year. If neither party notifies the other of the termination of the employment relationship by the last working day, the contract is considered extended for the same term for which it was previously concluded. The revised provisions separately address cases where an employee is temporarily unable to work or is on social leave on the last working day. If the last working day falls during a period of temporary incapacity for work or social leave, the last working day is deemed to be the day following the end of the relevant period. A fixed-term employment contract may be extended no more than twice. If the employment relationship continues thereafter, the contract is considered to have been concluded for an indefinite term.

 

Employment Contracts with Heads of Legal Entities

Separate amendments apply to employment contracts with heads of executive bodies of legal entities. If such an employment contract expires and neither party gives notice of termination no later than the last working day before its expiry, the contract is extended for one year. A different extension period may be established by documents approved by the founders, the owner of the property, or the relevant authorised person or body. Periods of temporary incapacity for work or social leave are also treated separately. If the last working day falls during such a period, the last working day is deemed to be the day following the end of the temporary incapacity for work or social leave.

 

Extension of Employment Contracts with Employees of Retirement Age

The Labour Code provides for the possibility of annually extending an employment contract with an employee who has reached retirement age and has a high level of professional expertise and qualifications, taking into account their ability to work. Such an employment contract may be extended annually without the limitation applicable to standard extensions of fixed-term employment contracts.

 

Temporary Transfer for Health Reasons

Amendments have also been made to Article 43 of the Labour Code concerning temporary transfers to other work for health reasons. In the event of an occupational injury, occupational disease or other health impairment resulting from the performance of employment duties, as well as other health impairment, the employer must, on the basis of a medical opinion, temporarily transfer the employee to other work that is not contraindicated for health reasons or release the employee from work until their ability to work is restored, disability is established, or loss of professional capacity to work is determined. Agreements or a collective agreement may provide for other conditions that improve the employee’s position.

 

Notification of Changes to Working Conditions

An employer must notify an employee in writing of changes to working conditions no later than 15 calendar days in advance, unless a longer notice period is provided for by the employment contract or collective agreement. The notification may be provided either on paper or in the form of an electronic document certified by an electronic digital signature.

 

Extension of an Employment Contract During Childcare Leave

If, on the date a fixed-term employment contract expires, a pregnant employee provides a certificate confirming a pregnancy of twelve weeks or more, or an employee who has a child under the age of three or has adopted a child submits a written application for unpaid childcare leave, the employer must extend the employment contract until the end of such leave. Under the amended provision, seasonal work is included among the exceptions alongside the replacement of a temporarily absent employee.

 

Employer Obligations upon Termination of Employment

Upon expiry of the notice period, an employee has the right to stop working, while the employer must provide documents related to the employee’s employment and make all payments due to the employee in accordance with the Labour Code. An exception applies where, due to the fault of a materially responsible person, the handover of the employer’s property or documentation has not been completed. In such a case, the date of termination of the employment contract is the date on which the handover is completed. The employer must take all necessary measures to ensure the handover of property or documentation by materially responsible persons during the notice period.

 

Additional Grounds for Termination of an Employment Contract

Amendments have been made to Article 57 of the Labour Code, which establishes grounds for termination of an employment contract due to circumstances beyond the control of the parties. In addition to the withdrawal by local executive bodies of a permit to employ foreign labour and the expiry of a foreign national’s residence permit or a stateless person’s identification document, the relevant list now includes circumstances relating to refugee status. These include refusal to grant refugee status to an asylum seeker, refusal to extend refugee status, as well as deprivation or termination of refugee status.

 

New Rules for Disciplinary Sanctions

When determining the type of disciplinary sanction, the employer must take into account the substance, nature and severity of the disciplinary offence, the circumstances in which it was committed, and the degree of the employee’s remorse. Employers should take these criteria into account when making and documenting decisions on disciplinary measures.

 

Guarantees for Employees Undergoing Medical Examinations

Article 125 of the Labour Code, concerning guarantees for employees undergoing medical examinations, has been revised. Employees who are required to undergo medical examinations under Kazakhstan’s legislation, an agreement or a collective agreement retain their position and average salary for the duration of such examinations. Payment is also provided for the time spent undergoing a pre-shift medical examination by an employee who is required to undergo such an examination under legislation, an agreement or a collective agreement. The amount is determined by the collective agreement or an employer’s internal act based on the employee’s average daily or hourly earnings.

 

Changes to Leave for Health Screening Examinations

Certain amendments will take effect on 1 January 2027. Employers will be required to provide employees with leave to undergo health screening examinations while retaining their position and average salary, in accordance with the procedure and scope established by Kazakhstan’s healthcare legislation. In addition, employers will be required to take measures to refer employees for such examinations. Failure to provide the relevant leave entails liability in accordance with the legislation of the Republic of Kazakhstan.

 

New Occupational Safety and Health Requirements

Employers are required to bring all fixed assets in operation into compliance with applicable occupational safety and health standards and rules. Such fixed assets include facilities directly used in production activities, including buildings and structures, machinery, equipment, vehicles and other means of labour.

 

Occupational Safety and Health Technical Inspector

The Labour Code has been supplemented with a new Article 203-1 regulating the activities of an occupational safety and health technical inspector. The technical inspector is approved by a decision of the occupational safety and health production council. The inspector has the right to request and obtain necessary information from employers and other officials of the organisation, visit structural divisions for the purpose of internal control, participate in investigations of workplace accidents and inspections of occupational safety and health conditions. The technical inspector may also submit proposals to improve occupational safety and health conditions, conduct explanatory work with employees and propose amendments to the organisation’s internal acts on relevant matters. The procedure for internal control is determined by the standard regulations governing the technical inspector and by a decision of the production council. The procedure for remuneration of the technical inspector may be established by a collective agreement.

 

New Type of Social Leave for Scientific Employees

From 25 August 2026, Article 87 of the Labour Code includes a new type of social leave. Creative leave is provided for leading scientists working at higher and/or postgraduate education institutions and scientific organisations in accordance with the Law of the Republic of Kazakhstan “On Science and Technology Policy.” In addition, the Labour Code has been supplemented with Article 146-2, under which the employment of scientific employees is regulated by the Labour Code subject to the specific provisions established by the Law of the Republic of Kazakhstan “On Science and Technology Policy.”

 

Information Entered into the Digital HR System

State institutions and quasi-public sector entities are required to conduct HR processes through the digital HR system in accordance with the procedure established by the authorised body for civil service affairs. The system includes employee data, individual identification numbers of an employee’s spouse and close relatives who are citizens of Kazakhstan, as well as, where available, business identification numbers of organisations or individual identification numbers of individual entrepreneurs for whom the employee previously worked. The system also contains other information relating to recruitment, employment and termination of employment. From 1 January 2027, if an employee is unable to provide the relevant individual identification numbers or business identification numbers, the employer will obtain this information from digital systems for the purpose of identifying conflicts of interest in accordance with Kazakhstan’s anti-corruption legislation. The authorised body for civil service affairs and its territorial divisions monitor the completeness of the digital HR system. Compliance with labour legislation by state institutions and quasi-public sector entities within the digital HR system is monitored by the authorised state labour body. The integrity, confidentiality and protection of personal data contained in the system must also be ensured in accordance with Kazakhstan’s legislation on personal data and its protection.

 

Key Considerations for Employers

The amendments that came into force in August 2026 affect a broad range of employment and HR matters. Employers need to take into account new requirements concerning cybersecurity, protection of employee rights, fixed-term employment contracts, changes to working conditions, termination of employment, disciplinary sanctions, medical examinations, and occupational safety and health. It is also important to consider the effective dates of individual provisions. While a number of amendments have already applied since August 2026, certain provisions, particularly those relating to health screening examinations and digital HR processes, are scheduled to take effect on 1 January 2027. A timely review of HR documentation and internal procedures enables businesses to identify which processes and documents need to be updated in response to the amended labour legislation.

 

FChain HR and Legal Services

Changes in labour legislation affect HR documentation, employment relationships and employers’ internal processes. FChain provides comprehensive HR and legal support, enabling companies to adapt their business processes and documentation to legislative changes in a timely manner.

• HR Audit — a comprehensive review of a company’s HR documentation and processes to identify non-compliance with labour legislation and potential risks.
• Legal support for business — legal advice on Kazakhstan’s legislation and ongoing legal support on employment matters and the organisation of internal processes.
• Legal audit — a comprehensive review of the legal aspects of a company’s operations, internal documents and contractual relationships to identify potential legal risks.
• Drafting contracts — preparation, drafting and legal support of contractual documentation in line with Kazakhstan’s legal requirements.
• Employer of Records — a staffing solution under which HR and administrative processes relating to personnel are managed by a specialised service provider.

A comprehensive approach to HR and legal matters enables businesses to establish sustainable employment processes and reduce risks when implementing new requirements.

 

New Statistical Reporting Rules in Kazakhstan

Prepared by: Anel Kosmaganbetova

Assistant to the Director

FChain Kazakhstan

 📩almaty@f-chain.com
WhatsApp: +7 771 214 1820