Best Hiring & Firing Lawyers in Nur-Sultan

About Hiring & Firing Law in Nur-Sultan, Kazakhstan

Hiring and firing employees in Nur-Sultan, Kazakhstan, is governed primarily by the Labor Code of the Republic of Kazakhstan. The law establishes the legal framework for employment relationships, outlining the rights and obligations of both employers and employees. It covers all aspects of recruitment, employment contracts, probationary periods, grounds for termination, severance payments, and dispute resolution. Regional compliance is equally crucial in Nur-Sultan (formerly known as Astana), as local labor inspectorates strictly enforce labor regulations. Understanding these requirements is vital to ensure fair treatment, avoid costly disputes, and minimize legal risks for both businesses and workers.

Why You May Need a Lawyer

There are several situations where individuals or businesses may require legal assistance related to hiring and firing in Nur-Sultan:

• Drafting and reviewing employment contracts: Ensuring clarity and legal compliance in employment terms.
• Handling workplace disputes: Managing conflicts between employers and employees regarding expectations, wages, or work conditions.
• Terminating employees: Advising on lawful termination procedures to avoid wrongful dismissal claims.
• Defending against claims: Representing employers or employees in labor disputes or litigation.
• Regulatory compliance: Interpreting and applying the Labor Code and relevant by-laws specific to Nur-Sultan or Kazakhstan in general.
• Negotiating severance packages: Ensuring fair settlements in line with local statutes.
• Managing layoffs or organizational restructuring: Assisting with mass layoffs, collective dismissals, and redundancy procedures.

Local Laws Overview

The Labor Code of Kazakhstan is the main legislative act regulating hiring and firing. Key aspects relevant for employers and employees in Nur-Sultan include:

• Written contracts: Employment agreements must typically be made in writing, specifying details such as job responsibilities, pay, work hours, and duration.
• Probationary period: The standard probation period is up to three months, during which either party may terminate with simplified procedures.
• Working hours and overtime: Standard working week is 40 hours. Overtime is permitted with employee consent and must be paid at an increased rate.
• Grounds for dismissal: Legitimate grounds include redundancy, misconduct, mutual agreement, expiration of a fixed-term contract, or other reasons as outlined in the Labor Code.
• Notice requirements: Advance notice periods depend on the reason for dismissal and length of service, commonly ranging from three business days (for probation) to one month or more.
• Severance payments: Employees may be entitled to severance pay, especially in cases of redundancy or certain unlawful terminations.
• Worker protections and discrimination: Laws prohibit unfair dismissal and discrimination based on gender, age, race, beliefs, or other protected characteristics.
• Dispute resolution: Labor disputes are usually resolved by negotiation, mediation, or through the courts if necessary.

Frequently Asked Questions

What types of employment contracts are recognized in Kazakhstan?

Employment contracts in Kazakhstan can be fixed-term or indefinite (open-ended). The contract must be in writing, signed by both parties, and include essential terms such as job title, salary, working hours, and other relevant conditions.

Is a probation period mandatory, and how long can it be?

A probationary period is optional but commonly used. It cannot exceed three months, except in certain senior or managerial positions, where it may legally be extended. During probation, either party can terminate the contract with three business days’ notice.

When can an employer legally terminate an employee?

Employers may terminate for reasons including redundancy, employee misconduct, unsatisfactory performance, end of a fixed-term contract, employee’s request, or by mutual agreement. Dismissal must comply with statutory procedures and notice requirements.

What notice periods are required for dismissal?

Notice periods vary depending on the grounds for termination, employment contract, and length of service. The minimum is three business days during probation. For redundancy or standard dismissal, it is typically one month unless otherwise specified.

Do employees have protection against unfair dismissal?

Yes, the Labor Code provides strong protection against unfair or wrongful dismissal. Terminating the employment contract for discriminatory reasons or without a valid legal basis is prohibited. Employees have the right to challenge unfair dismissals in court.

What are the rules regarding severance pay?

Severance pay is generally required for redundancies, organizational changes, or unlawful dismissal. The amount depends on the reason for dismissal and the employee’s length of service, usually equal to one month’s average salary or more.

Are there restrictions on hiring foreign workers?

Yes, hiring foreigners typically requires the employer to obtain a special work permit. Certain quotas and restrictions apply, and additional documentation may be necessary for both employer and employee.

How are labor disputes resolved?

Most disputes are resolved amicably or through mediation. If unresolved, they may be brought before the Commission for Labor Disputes at the employer’s workplace, and ultimately, to the courts if necessary.

What should I do if I suspect my dismissal was unlawful?

You should promptly seek legal advice, gather all relevant documents (contract, notice, correspondence), and formally object in writing to your employer. You may file a complaint with the labor inspectorate or bring the case to court within the legally prescribed period.

Who enforces labor laws in Nur-Sultan?

The local Department of the Committee for Labor and Social Protection and the Labor Inspectorate monitor compliance and handle complaints about labor rights violations in Nur-Sultan.

Additional Resources

To get further information or assistance with hiring and firing matters in Nur-Sultan, consider these resources:

• Committee of Labor and Social Protection of Kazakhstan: The national authority overseeing labor legislation and policy.
• Department of Labor and Social Protection in Nur-Sultan: The local governmental agency handling workplace inspections and labor disputes.
• Kazakhstan Federation of Trade Unions: Offers guidance and support for employees facing challenges at work.
• Private law firms and legal aid centers in Nur-Sultan: Provide counsel, representation, and dispute resolution services.
• Chambers of Commerce: Can provide employer-focused resources and legal advice for businesses operating locally.

Next Steps

If you need legal help with hiring or firing in Nur-Sultan, Kazakhstan, consider the following steps:

1. Gather all relevant documents: Employment contracts, performance records, termination notices, correspondence, and supporting evidence.
2. Contact a qualified lawyer: Choose a legal specialist experienced in Kazakh labor law and familiar with local practices in Nur-Sultan.
3. Consult relevant authorities or organizations: Reach out to the Department of Labor or trade unions if your issue involves labor rights or workplace conditions.
4. Know your rights and obligations: Educate yourself about the Labor Code and procedures specific to your situation.
5. Act promptly: Many labor disputes have strict deadlines, so timely action is critical for preserving your rights.