Kazakhstan's labor legislation sets clear guidelines regarding working hours, rest periods, and overtime to protect employee rights and ensure fair working conditions. Employers operating in Kazakhstan must adhere strictly to these regulations to maintain compliance and avoid potential legal issues. Understanding these rules is crucial for managing a workforce effectively and ensuring a productive and healthy work environment.
Compliance with working time regulations is a fundamental aspect of employment law in Kazakhstan. These rules govern the maximum number of hours employees can work, how overtime is managed and compensated, and the mandatory rest periods employees are entitled to. Navigating these requirements is essential for businesses employing staff in the country.
Standard Working Hours
The standard working week in Kazakhstan is typically 40 hours. This can be structured over a five-day or six-day workweek, depending on the employer's schedule and the nature of the work. For certain categories of employees, such as those under 18 or those working in hazardous conditions, reduced working hours apply.
- Maximum Weekly Hours: 40 hours
- Maximum Daily Hours: Generally 8 hours for a 5-day week, or adjusted for a 6-day week, provided the weekly total does not exceed 40 hours.
- Reduced Hours: Specific categories (e.g., minors, hazardous work) have shorter maximum hours.
Overtime Regulations
Overtime work is defined as work performed by an employee at the employer's initiative beyond the established normal working hours. Overtime is generally permitted but is subject to strict limitations and requires increased compensation.
- Consent: Overtime usually requires the employee's written consent, except in specific circumstances defined by law (e.g., emergency situations).
- Limitations:
- Maximum overtime per day: 2 hours
- Maximum overtime per month: 12 hours
- Maximum overtime per year: 120 hours
- Compensation: Overtime work must be compensated at a higher rate than the standard hourly wage.
| Type of Work | Minimum Overtime Rate (Multiplier of Standard Rate) |
|---|---|
| Overtime Work | 1.5 times the standard hourly rate |
Collective agreements or employment contracts may establish higher overtime compensation rates.
Rest Periods and Breaks
Kazakhstan labor law mandates specific rest periods and breaks to ensure employee well-being.
- Breaks During the Workday: Employees are entitled to a break for rest and meals during the workday. This break must be at least 30 minutes long and is not included in working time. The specific timing and duration are typically set by internal labor rules or the employment contract.
- Daily Rest: The duration of daily rest between the end of one workday and the beginning of the next must be at least 12 hours.
- Weekly Rest: Employees are entitled to weekly continuous rest. For a five-day workweek, this is typically two days. For a six-day workweek, it is usually one day. The duration of weekly continuous rest must be at least 42 hours.
Night Shift and Weekend Work
Specific regulations apply to work performed during night hours or on weekends and public holidays.
- Night Work: Night time is defined as the period from 10:00 PM to 6:00 AM. Work performed during night hours is subject to increased compensation.
- Compensation Rate: Night work must be compensated at a rate of at least 1.5 times the standard hourly rate.
- Limitations: Certain categories of employees (e.g., pregnant women, employees under 18) are generally prohibited from working at night.
- Weekend and Holiday Work: Work on weekends and public holidays is generally prohibited unless specified by law or agreed upon by the parties. If required, it is subject to increased compensation or provision of alternative rest days.
- Compensation Rate: Work on weekends and public holidays must be compensated at a rate of at least 1.5 times the standard hourly rate. Alternatively, with the employee's consent, another rest day can be provided instead of increased pay.
Working Time Recording
Employers in Kazakhstan have a legal obligation to accurately record the working time of every employee. This is essential for ensuring compliance with maximum hour limits, calculating correct wages, including overtime and night work pay, and demonstrating adherence to labor laws during inspections.
- Obligation: Employers must maintain records of the actual working hours of each employee.
- Methods: Recording can be done through various methods, including timesheets, electronic systems, or other reliable means.
- Accuracy: Records must accurately reflect the start and end times of work, including any overtime, night work, or work on weekends/holidays.
- Availability: These records must be available for inspection by relevant state labor authorities.
