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Kazakhstan

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Kazakhstan

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Standard working hours

The Labour Code of the Republic of Kazakhstan (2015) sets the regulations for standard working hours in the country.

The standard workweek in Kazakhstan should not exceed 40 hours, which translates to eight hours per workday from Monday through Friday.

There are exceptions for shorter workweeks for specific categories of employees. Employees aged 14-16 have a workweek that cannot exceed 24 hours. For employees aged 16-18, their workweek cannot exceed 36 hours. Employees in hazardous or physically demanding work also have a workweek that cannot exceed 36 hours.

Employers can establish staggered work schedules, where the daily work duration varies depending on the workload and day of the week. However, the maximum workday cannot exceed 11 hours.

Overtime

In Kazakhstan, the Labour Code (2015) outlines the regulations for overtime work.

Overtime work is defined as any work performed outside the standard working hours. Daily overtime is capped at two hours per employee, with a one-hour limit for those engaged in strenuous or hazardous work. There's no annual limit on total overtime hours, but employers cannot enforce daily quotas exceeding the stipulated limits.

Employers are legally obligated to compensate employees for overtime work. The minimum overtime pay is 1.5 times the employee's regular hourly or daily rate. Collective bargaining agreements or individual employment contracts can establish higher overtime pay rates.

Certain employee categories are exempt from overtime work by law. These include pregnant women who have provided written proof of pregnancy, employees under the age of 18, and employees with disabilities, unless permitted by a medical certificate.

It's important for employers to maintain proper records of employee overtime hours and ensure compensation adheres to the legal requirements outlined in the Labour Code.

Rest periods and breaks

In Kazakhstan, the Labour Code guarantees rest periods and breaks for workers.

Daily Rest Breaks

All employees are entitled to a break for rest and meals during their workday. The minimum break duration is at least 30 minutes for a shift shorter than eight hours. For shifts exceeding eight hours, the minimum break duration is extended to one hour. The specific timing of these breaks is determined by collective agreements or internal labour regulations, ensuring breaks do not disrupt the overall workday.

Daily Rest Between Workdays

Workers are entitled to a minimum uninterrupted rest period of at least twelve hours between the end of one workday and the beginning of the next.

Weekly Rest Days

Kazakhstan mandates a five-day working week with two consecutive days of rest. One of the mandated rest days must be Sunday. For a six-day workweek, employees are entitled to one rest day, which must also include Sunday.

Exceptions for Specific Work

In cases where work conditions prevent designated breaks, employers must provide reasonable opportunities for rest and meals within the working hours at a designated location. This applies to specific industries like continuous production, for instance.

Employers are legally responsible for ensuring workers receive their designated rest periods and breaks as outlined in the Labour Code.

Night shift and weekend regulations

In Kazakhstan, the Labour Code establishes specific regulations for night work and weekend work, ensuring fair treatment and compensation for these working conditions.

Night work is defined as any work performed between 10 pm and 6 am. Certain employee categories are legally restricted from night work, including employees under the age of 18, pregnant women who have provided written proof of pregnancy, and employees with disabilities, unless permitted by a medical certificate.

Employers are obligated to provide increased compensation for night work. The minimum hourly or daily rate for night work is 1.5 times the employee's regular rate. Collective bargaining agreements or individual employment contracts can establish higher night shift pay rates.

Working on weekends requires separate compensation from regular overtime work. The minimum pay for work performed on weekends is double the employee's regular hourly or daily rate. In agreement with the employer, employees can opt for compensatory rest time instead of the increased pay for working weekends.

If night work coincides with a weekend or public holiday, separate compensation applies for each category. Night hours are compensated at the 1.5 times rate. Weekend or public holiday hours are compensated at the double rate.

Employers must obtain written consent from employees before scheduling them for weekend work, except in emergency situations. Night work for employees not included in the restricted categories can be implemented with written consent or through a collective agreement.

Employers are legally responsible for adhering to the regulations for night and weekend work, ensuring proper compensation and employee consent when necessary.

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