Registration requirements of employment contracts to the unified system (enbek.kz)
The provisions for entering information about an employment contract (EC) to the Unified System of Employment Contracts (USOEC) were approved (Minister of Labor and Population Social Protection’s Order #353 dated 3 September 2020). As of 18 September 2020, the employer must enter EC data to the USOEC within the deadlines prescribed.
As per the Law on amendments and additions to labour legislative acts (4 May 2020 No. 321-VI), the labour code introduced a requirement for the employer to conclude an EC in electronic form or to register the EC in the USOEC if the contract is concluded in writing, as of 15 May 2020.
As of 18 September 2020, the employer must enter into the USOEC details about conclusion of / modifications to / termination of an EC within the following deadlines:
- Information about existing ECs concluded before 18 September 2020: Before 19 September 2021, where employee headcount is less than 1,999 inclusive.
- Information about existing ECs concluded before 18 September 2020: Before 19 September 2022, where employees’ headcount is 2,000 or more.
- Conclusion of an EC on 18 September 2020 or later: Within five working days from the date of signing by both parties.
- Modifications to an EC: Within 15 calendar days from the date of signing by both parties.
Within 30 calendar days the employer has the right to:
- correct errors if information was entered incorrectly, and
- delete information if the employee’s and/or employer's data was entered incorrectly.
Within ten working days of an employees’ reinstatement, the employer should enter the date/number of the internal resolution about reinstatement and name of the authority that approved the reinstatement. The employee concerned should acknowledge this in the personal online cabinet on the e-government web portal using their personal e-key.
Provision of personnel (out staff) procedure
Now, companies in Kazakhstan can hire employees through employment agencies.
Below are the new articles that have been introduced into the Kazakhstan Labour Code regulating the:
Procedure of the staffing services.
Procedure for establishment and composition of the commission responsible for investigating the occupational accidents with host party employees.
The rights and obligations of the parties with respect to safety and labour protection.
Remuneration of the employees of seconding party, particularly non-discrimination of provided personnel.
Material liability of the employee of the seconding party, for causing damage to the employer or the host party.
HR documents processing upon out staffing.