Dear Ministry of Labour and social protection,
My company is exploring opportunities in Kazakhstan and I would like to pose a few questions with regards to labour law
1. I see that we can conclude a labor contract for a fixed term in Kazakhstan. However, I have not seen a clause regarding contract termination before the expiry date. This is my question - I want to prevent employees from terminating contracts too early, can I apply a small penalty if they break the contract before the expiry date? It will be just a small penalty to prevent them from doing so.
2. If number 1 is allowed, and if an employee breaks the contract without paying fines, where can we file the dispute?
In accordance with article 5 of the Labour Сode of the Republic of Kazakhstan (hereinafter - the Code), everyone has the right to freely choose or agree to work without discrimination or coercion, the right to dispose with his or her abilities to work and to choose a profession and occupation.
Consequently, You are not allowed to impose a fine for early termination of the employment contract on the initiative of the employee.
At the same time, according to paragraph 1 of article 56 of the Code the worker has the right on its own initiative to terminate the employment contract, having notified on it the employer in written form not less than in one month, except for the cases provided by paragraph 3 of the article 56. The employment contract allows for a longer period of notice by the employee to the employer of the termination of the employment contract.