In August 2026, amendments to the Labour Code of the Republic of Kazakhstan will enter into force in several stages. The new provisions take effect on 4, 13 and 25 August and cover a wide range of matters \u2014 from employment contracts and disciplinary liability to occupational safety, anti-corruption restrictions, digitalisation of HR processes and cybersecurity. For employers, this means that existing HR procedures and internal regulations should be reviewed and, where necessary, brought into compliance with the new requirements. Below we review the key changes and practical steps for businesses.<\/p>\n
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The main package of amendments is provided for by Law of the Republic of Kazakhstan No. 295-VIII dated 3 June 2026 on the improvement of labour legislation.<\/p>\n
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The fundamental principles of labour legislation now include ensuring an employee\u2019s right to respect and protection of honor and dignity in the workplace. In addition, Article 22 of the Labour Code has been supplemented with an employee\u2019s right to privacy. Employers should take these provisions into account when developing and applying internal policies, conducting internal investigations, processing employee information and organizing HR processes.<\/p>\n
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If a candidate belongs to a category of citizens for whom the legislation provides guarantees when entering into an employment contract, the employer must, upon the candidate\u2019s request, provide a written explanation of the reason for refusal of employment. This increases the importance of properly documenting the recruitment process and the grounds for HR decisions.<\/p>\n
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The procedure for terminating a fixed-term employment contract has been clarified where the employee\u2019s last working day falls during a period of temporary incapacity for work or social leave. In such a case, the last working day is considered to be the day following the end of the period of temporary incapacity for work or social leave. The same rule applies to the head of the executive body of a legal entity.<\/p>\n
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When working conditions are changed, the employer must notify the employee in writing.<\/p>\n
The notification may be issued:<\/p>\n
Employers should review the notification forms currently used and the procedure for delivering them to employees.<\/p>\n
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A significant practical change concerns employees with material responsibility. If, due to the employee\u2019s fault, the transfer of property or documentation has not been completed by the planned dismissal date, the date of termination of the employment contract becomes the date on which the handover process is completed. At the same time, the employer must take the necessary measures during the notice period to organize the transfer of property and documents. Companies are advised to review in advance their internal procedure for the handover of material assets and documentation, as well as to designate responsible persons and set deadlines for the procedure.<\/p>\n
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When determining the type of disciplinary sanction, the employer must take into account:<\/p>\n
Accordingly, an HR decision must not only be formally documented but also justified with due consideration of the specific circumstances of the violation.<\/p>\n
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Article 125 of the Labour Code has been revised. Employees who are required to undergo medical examinations retain their position and average salary for the duration of such examinations. Payment for the time spent on pre-shift examinations is regulated separately. The amount of payment is established by a collective agreement or an employer\u2019s act based on the average daily or hourly wage. Employers for whom such procedures are mandatory should review the relevant internal regulations and payment procedures.<\/p>\n
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The employer must ensure that fixed assets currently in operation are brought into compliance with occupational health and safety requirements. In addition, a separate Article 203-1 on the occupational safety technical inspector is introduced into the Labour Code. The technical inspector is approved by the occupational health and safety council and is entitled, among other things, to request necessary information, visit structural divisions, participate in investigations of workplace accidents and submit proposals for improving working conditions. The main part of these amendments applies from 4 August 2026. At the same time, the provision on leave for undergoing screening examinations will take effect from 1 January 2027.<\/p>\n
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A new Chapter 12-1 is introduced into the Labour Code regulating HR processes of public institutions and quasi-public sector entities within the digital HR system. The system provides for the processing, maintenance, recording and storage of documents related to:<\/p>\n
Employers in the relevant sector should assess the readiness of their HR processes and internal regulations for the new digitalization requirements. Certain provisions of this section will take effect from 1 January 2027.<\/p>\n
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Another important set of amendments is provided for by Law of the Republic of Kazakhstan No. 326-VIII dated 24 June 2026 and concerns Articles 22 and 23 of the Labour Code. From 25 August, in addition to occupational health and safety, fire safety and industrial safety requirements, employees must also comply with cybersecurity requirements. For businesses, this means that having a general information technology policy may not be sufficient. It is necessary to identify the cybersecurity requirements applicable to employees, formalize them in internal documents, ensure that employees are properly familiarized with them and organize internal compliance monitoring. Particular attention should be paid by companies whose employees work with corporate information systems, financial and personal data, client information, remote access and other digital resources.<\/p>\n
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Taking into account the new requirements, companies are advised to conduct a comprehensive review of HR documentation and HR processes. In particular, the following should be reviewed:<\/p>\n
It is important not to limit the process to a formal update of documents. The changes should be integrated into the company\u2019s actual HR processes: from recruitment and HR administration to employee dismissal and internal control.<\/p>\n
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Changes in labour legislation require employers to review HR documents and internal processes in a timely manner. Failure to comply with legal requirements may lead to labour disputes, claims from regulatory authorities and additional costs for the company. Depending on business needs, FChain specialists can provide:<\/p>\n
Regular changes in legislation increase the workload for HR teams, accounting departments and company management. Outsourcing specialized functions allows businesses to reduce administrative workload and focus internal resources on core business priorities. Contact FChain to receive advice on HR, accounting or legal support for your company.<\/p>\n