On June 3, 2026, Law of the Republic of Kazakhstan No. 295-VIII “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Improvement of Labour Legislation” was signed.
Amendments to the Labour Code of the Republic of Kazakhstan: What Changes for Employers
On June 3, 2026, Law of the Republic of Kazakhstan No. 295-VIII “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Improvement of Labour Legislation” was signed. The Law has not yet entered into force, but employers should prepare in advance for changes to their internal documents and procedures.
The Law takes effect on August 4, 2026, while certain provisions relating to screening will take effect on January 1, 2027.
1. The procedure for determining the “last working day” during sick leave or social leave has been clarified
The amendments concern two categories: heads of executive bodies of legal entities and other employees.
Head of the executive body:
• if a fixed-term employment contract expires and the last working day falls during the head’s temporary incapacity for work or social leave, the last working day will be the day following the end of the sick leave/social leave;
• if neither party gives notice of termination before the expiry of the contract (except in cases of illness/leave), the contract is automatically extended until the founders/authorized body make a decision regarding a new (or the same) head.
Other employees:
• the same rule is now expressly established for ordinary employees: if the last working day (shift) falls during sick leave or social leave, the last working day will be the day following the end of such leave.
What this means for employers:
Employment cannot be terminated “on the same day” if that day falls during an employee’s sick leave or social leave — whether the employee is an ordinary employee or a head of the executive body. HR departments should update their internal regulations and termination order templates to reflect this clarification.
2. Refusal to hire will need to be justified in writing
Article 25 of the Labour Code is supplemented with a new rule:
• if an employer refuses to enter into an employment contract with a person belonging to one of the protected categories listed in paragraph 1 of Article 25 — pregnancy, having children under the age of three, being a minor, or having a disability — that person is entitled to request a written explanation of the reason for the refusal;
• the employer is required to provide such explanation in writing.
What this means for employers:
A verbal “no” will no longer be sufficient. We recommend documenting and retaining the reasons for refusing employment so that, in the event of an inspection or dispute, the company has documentary justification for its decision.
3. Changes to working conditions – written notification
It is clarified that the employer’s obligation to notify an employee (on the grounds provided for in paragraph 2 of Article 46) must be fulfilled in writing — either on paper or in the form of an electronic document certified by an electronic digital signature (EDS).
What this means for employers:
Formally, this requirement is not new, but it is now expressly stated in the law. This reduces the risk that an oral or informal notification may be deemed improper during an inspection or labour dispute. We recommend establishing in HR procedures that such notifications must be provided in writing, either on paper or with an EDS, rather than relying on messenger correspondence or verbal agreements.
4. Termination of contracts with materially responsible employees
The new wording clarifies the procedure for voluntary termination by materially responsible employees:
• upon expiry of the notice period, the employee is entitled to cease work, and the employer must provide the relevant documents and payments due, except where the handover of property (documentation) has not been completed due to the fault of the materially responsible employee;
• in such a case, the date of termination of the employment contract will be the date on which the handover of property (documentation) is actually completed;
• at the same time, the employer is expressly required to take all necessary measures to organize the handover of property within the notice period.
What this means for employers:
On the one hand, the employer now has a legal basis not to formalize the termination “on the same day” if the handover of property is delayed due to the employee’s fault. On the other hand, the law requires the employer to demonstrate that it has taken all necessary measures to organize the handover. We recommend establishing in advance, in internal policies, the procedure and deadlines for the handover of property by materially responsible employees in order to avoid claims that the employer failed to act.
This overview is for informational purposes only and does not constitute legal advice in relation to any specific situation. We would be pleased to discuss how these changes may affect your company’s internal documents and procedures.
Alert prepared by:
Svetlana Shtopol — Partner, Salus Legal
Tolkynai Shynazarova — Senior Lawyer, Salus Legal
