86.5
84.5
84.5
Approaching Access to Decent Work
80
100
100
75
100
100
80
80
75
75
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §28 of the Constitution of the Republic of Kazakhstan, 1995; §104, 160 of the Labour Code, 2015 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §22, 102, 103, 107, 113-115 of the Labour Code, 2015 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §108 of the Labour Code, 2015 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §109 & 110 of the Labour Code, 2015 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §76 and 110 of the Labour Code, 2015 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §68, 69, 77, 78 and 108 of the Labour Code, 2015 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §78 of the Labour Code, 2015 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §84 of the Labour Code, 2015 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §84-86, 109 & 110 of the Labour Code, 2015; §1-3, 5 of the Law № 267-II of 2001 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §87-96 of the Labour Code, 2015; §13 of the Law № 407-IV of 2011 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §1, 28, 30-33 & 35 of the Labour Code, 2015; §86 of the Code of Administrative Offences | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §30 of the Labour Code, 2015 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §36 and 37 of the Labour Code, 2015 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §49, 50, 52, 53 and 56 of the Labour Code, 2015 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §53, 96 and 131 of the Labour Code, 2015 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | Yes | 1 | §99 and 100 of the Labour Code, 2015; §3, 4, 19, 24 of the Law on Compulsory Social Insurance № 286-VI, 2019 | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | §97 of the Labour Code, 2015 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | §70, 74, 76, 82 and 127 of the Labour Code, 2015 | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §82 of the Labour Code, 2015 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §25 of Labour Code, 2015 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §87, 99 and 126-1 of the Labour Code, 2015 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §99 of the Labour Code, 2015; §3 & 23 of the Law on Compulsory Social Insurance № 286-VI, 2019 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §99 of the Labour Code, 2015; §3 & 23 of the Law on Compulsory Social Insurance № 286-VI, 2019 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §51, 54 and 58 of the Labour Code, 2015 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §181 and 182 of the Labour Code, 2015; Order of the Minister of Health № 1056, 2015 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §182 of the Labour Code, 2015 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §26, 44, 70, 76, 85, 95, 127 and 135 of the Labour Code, 2015 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §23, 133 of the Labour Code, 2015; §1, 11, 19 and 23 of the Law on Compulsory Social Insurance № 286-VI, 2019 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §1, 4, 11, 13, 15 and 16 of the Law on Pensions № 105-V of 2013 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §21 of the Law on Compulsory Social Insurance № 286-VI, 2019 | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §22 of the Law on Compulsory Social Insurance № 286-VI, 2019; §1, 4, 12-14 of the Law № 482-V, 2016 | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §81 of the Code of the Republic of Kazakhstan about health nation and health care system 2020 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §6, 8, 9, 11 and 12 of the Law № 126-I of 1997; §20 of the Law on Compulsory Social Insurance № 286-VI, 2019 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §24 of the Constitution 1995; §6 of the Labour Code, 2015; §90 of the Code of Administrative Offences | No Change |
| Does the law prohibit sexual harassment in employment? | No | 0 | §16 and 17 of the Constitution 1995; §4 and 6 of the Labour Code, 2015; §123 of the Criminal Code | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §14 and 24 of the Constitution 1995; §4 and 6 of the Labour Code, 2015; §90 of the Code of Administrative Offences | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §24 of the Constitution; § 4-5 of the Labour Code; §90 of the Code of Administrative Offences; §152 of the of the Сriminal Сode; Order of the Minister of Health and Social Development of the Republic of Kazakhstan 08.12.2015 № 944 | Score adjusted because of availability of a legal source |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Law on Pensions No 105-V of 2013; ISSA Country Profile for Kazakhstan | Score improved due to a legislative reform |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §30 of the Constitution, 1995; §31 & 69 of the Labour Code, 2015 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §30 of the Constitution, 1995; §12 and 30 of the Law on Education, 2007 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §26 & 75-77, Labour Code, 2015; §153, Criminal Code, 2014 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §24, Constitution, 1995; §7, Labour Code, 2015; §3, 128, and 135 of the Criminal Code, 2014 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §23 of the Constitution 1995; §3, 13 & 16 of the Trade Union Law № 211-V, 2014 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §20 & 156-158 of the Labour Code, 2015 | No Change |
| Does the law provide the right to strike? | Yes | 1 | §24 of the Constitution 1995; §171-178 of the Labour Code, 2015; §16, 17 and 21 of the Trade Union Law № 211-V, 2014 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | §137(5) of the Labour Code, 2015; Article 402 of the Criminal Code, 2016; ITUC Global Rights Index 2024 (Kazakhstan Profile) | No Change |