Kazakhstan Employment Law Update 2026

In August 2026, three separate sets of amendments to the Labour Code of the Republic of Kazakhstan will come into force, each introduced by a different law and taking effect on a separate date. From 4 August, employers will face new obligations in relation to refusals to hire, the application of disciplinary sanctions and the termination of fixed-term employment contracts. From 13 August, additional requirements will apply to quasi-public sector organisations, while from 25 August, almost all employers will be subject to new cybersecurity-related obligations. In this review, we highlight the changes which, in our view, require employers to take preparatory steps and adjust their internal procedures now.

Refusals to hire will have to be explained in writing

Equality of rights at the hiring stage is guaranteed by Article 25 of the Labour Code, which gives specific protection to pregnant women, persons with children under the age of three, minors and persons with disabilities [1]. Previously, the Labour Code expressly prohibited unjustified refusals to hire such persons, but did not impose an obligation on employers to provide a written explanation of the reasons for refusal. From 4 August, at the request of such an applicant, the employer must state the reasons for refusing to conclude an employment contract in writing [2].

What employers should do

Decide who within the company will handle such requests and prepare a template response. The reasons given should rest on the applicant's professional qualities and the requirements of the role, since a written answer becomes evidence in any subsequent discrimination claim.

4 August 2026
Dismissal of employees bearing material liability

The rule that the termination date for an employee bearing material liability is the day the handover of assets is completed already applies today. What is new is the employer's corresponding obligation. From 4 August, the employer must take all necessary steps to carry out the handover within the notice period, and must issue the employee with employment-related documents and any sums due.

What employers should do

Set out the timing and procedure for stocktaking on dismissal in an employer act. Delay on the company's side will no longer be a basis for holding an employee, while failure to release documents and final payments creates a risk of an order from the state labour inspectorate.

4 August 2026
Disciplinary sanctions will be tested for proportionality

The choice of a particular sanction has so far been left to the employer. The Code regulated the procedure in detail, covering written explanations and time limits, yet it set out no criteria for choosing between a reprimand, a severe reprimand and dismissal. Paragraph 2 of Article 65 now requires the employer to take into account the substance, nature and gravity of the misconduct, the circumstances in which it was committed and the degree of the employee's remorse. Effectively, the amendments introduce an express proportionality test for disciplinary sanctions, increasing the requirements for the conduct of internal investigations and the proper preparation of employment documentation.

What employers should do

Add reasoning to the disciplinary order that addresses each of these factors. In a dispute, the court now has a direct basis on which to test whether the severity of the sanction matches the severity of the misconduct.

4 August 2026
Fixed-term contracts and sick leave

A fixed-term contract ends on notice given no later than the final working day, and Article 30 now adds a rule for cases where that day falls during an employee's temporary incapacity for work or social leave. The final working day will be the day following the end of that period. A separate rule applies to the head of a legal entity's executive body, whose contract is extended until a decision is taken on appointing a new head.

Action: Review how deadlines under fixed-term contracts are monitored, since a termination notice served during sick leave will not bring the contract to an end on the intended date.

4 August 2026
Pre-shift medical checks become paid time

The guarantees for employees sent for medical examinations are set out in a new version of Article 125. Retention of the job and average earnings now covers all mandatory medical examinations, whereas the previous version applied only to periodic ones, and the obligation may arise from legislation, an agreement or a collective agreement. Separately, time spent on a pre-shift medical check is now payable on the basis of average daily or hourly earnings, in an amount set by the collective agreement or by an employer act.

What employers should do

Companies that run pre-shift checks, meaning transport, mining, manufacturing and energy, should budget for these minutes in their payroll and fix the rate of payment in an employer act before 4 August.

4 August 2026
Further changes

The following amendments will also come into force from 4 August:

• The concept of “employer acts” in Article 1 is expanded to include other acts governing employment relations and relations directly connected with them, bringing a wider range of internal documents within the scope of the Labour Code requirements.
• The basic principles of labour legislation and the list of employee rights are supplemented by the right to respect for and protection of honour and dignity, as well as the right to privacy in the context of employment.
• Notices of changes to working conditions under Article 46 must be provided in writing, either in paper form or as an electronic document signed with an electronic digital signature.
• Paragraph 2 of Article 182 requires employers to ensure that all operating fixed assets, including buildings, equipment and vehicles, comply with applicable safety requirements.
• Organisations will introduce the position of a technical occupational safety inspector, appointed by a decision of the production council. The procedure for determining the inspector’s remuneration may be established by a collective agreement.
• Conciliation commissions will also become mandatory for branches and representative offices of foreign legal entities.

13 August 2026
Anti-corruption compliance in the quasi-public sector

From 13 August 2026, provisions of the Law of the Republic of Kazakhstan “On Anti-Corruption” introducing additional requirements for quasi-public sector organisations will come into force [3]. Limited liability partnerships and joint stock companies belonging to the quasi-public sector will be required to establish an anti-corruption compliance unit. The head of such unit will be appointed by the board of directors or supervisory board. Corresponding amendments have also been made to the Labour Code in relation to the employment of persons subject to the requirements of anti-corruption legislation.

What employers should do

Organisations subject to these requirements should ensure the establishment of an anti-corruption compliance unit and the appointment of its head by resolution of the board of directors or supervisory board, taking into account applicable timelines and corporate approval procedures.

25 August 2026
Cybersecurity and the work of research workers

An employee’s obligation to comply with occupational health and safety requirements is expanded to include cybersecurity requirements. At the same time, the Labour Code imposes an obligation on employers to familiarise employees with the requirements of internal cybersecurity acts and to carry out internal monitoring of compliance with such requirements [4]. Separate amendments introduce Article 146-2 of the Labour Code, which establishes specific rules governing the employment of research workers. Leading researchers at higher and postgraduate education institutions and research organisations will be entitled to creative leave [5].

What employers should do

Employers should review their internal cybersecurity acts, update them where necessary and ensure that employees’ familiarisation with such requirements is properly documented. Employers should also establish procedures for internal monitoring of compliance with the relevant requirements.

Changes taking effect at a later date

Some of the amendments will take effect at a later date. From 1 January 2027, employers will be required to provide employees with leave to undergo screening examinations while retaining their employment and average earnings, and to take measures to refer employees for such examinations. Failure to provide such leave will result in liability. Medical organisations will notify employees and provide employers with information on employees subject to screening. Certain provisions of the anti-corruption legislation will also take effect from 1 January 2027, while some provisions will take effect on 14 June 2029.

Accordingly, the most significant changes for employers will already take effect from 4 August 2026 and will require a review of internal procedures relating to recruitment, termination of employment, disciplinary practices and occupational health and safety.

How we can help

The August amendments affect documents maintained by every company, ranging from job descriptions and employer’s acts to termination of employment procedures and internal monitoring processes.

Unicase advises employers on reviewing and updating employment documentation, preparing employer’s acts and internal procedures to comply with the new requirements, as well as on interactions with state authorities and labour disputes.

Should you have any questions regarding the matters covered in this review, please contact our team.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.