Below is a brief overview of what we have found to be the most significant changes to the Labor Code¹ (amendments are made in connection with the adoption of the Social Code², which also comes into effect from July 1, 2023):

• Joint employment. The employer will be able to hire more than one employee to jointly perform the same job function for the same position during working hours.

Joint employment is available for certain categories of employees, for example, single mothers raising children under 14 years old, students, employees caring for a sick family member, etc. Joint employment requires an agreement of the parties (it cannot be imposed by the employer unilaterally or at the demand of the employee). In the case of joint employment, work is carried out on a part-time basis.

• Four-day workweek. By agreement of the parties, a four-day workweek may be introduced, alternating with the regular five-day or six-day workweek as established for the employee.

• Staggered work schedule. Employers have the right to establish a staggered work schedule in their labor regulation rules. Such schedule entails working on different days of the week with different lengths of time, provided that the total working time per day does not exceed 11 hours.  The type of work-schedule allocation is determined individually, depending on the workload of personnel.

• Platform employment. The Social Code has introduced a provision regulating this type of employment: the provision of services or performance of work using Internet platforms and/or mobile applications for platform employment³. The following definitions were introduced:

1. Internet platform operator: This is an individual entrepreneur or a legal entity that provides technical, organizational (including services involving third parties to provide work or services), information and other opportunities using information technology and systems to establish contacts and transactions for the provision of services and works between contractors and customers registered on Internet platform.
2. Customer: This can be an individual or legal entity registered on an Internet platform who places an order for the provision of services or performance of work.
3. Contractor: This can be individual, individual entrepreneur or a legal entity registered on the Internet platform, providing services to customers, or performing work using an Internet platform based on a public agreement.

The relationship between Internet platform operators and customers, as well as contractors, is based on civil transactions and regulated in accordance with the Civil Code.

However, in case of engaging employees by the contractor (legal entity) to provide services or perform work using Internet platforms and (or) mobile applications of platform employment, labor relations with such employees are formalized in accordance with the Labor Code.⁴

In connection with the abovementioned novelty of the Social Code, the Labor Code was amended to regulate the labor relations between employees and employers that carry out activities using Internet platforms and (or) mobile application platform employment. Thus, for this category of employees the duration of the work shift may be established differently in accordance with labor legislation, employer regulations, collective agreements, or employment contracts.

Although the abovementioned changes to the Labor Code are considerable, we have found that, aside from the introduction of the new concept of “platform employment,” other amendments to the Labor Code are more clarifying in nature. We would be happy to assist you with any labor issues you may have in Kazakhstan.

1. Labor Code of the Republic of Kazakhstan No. 414-V dated November 23, 2015, as amended (“Labor Code”).↩
2. Code of the Republic of Kazakhstan No. 224-VII dated April 20, 2023 “Social Code of the Republic of Kazakhstan” (“Social Code”).↩
3. Article 102 of the Social Code.↩
4. Article 102.4 of the Social Code.↩