In cases stipulated by the laws of the Republic of Kazakhstan, the employer is obliged to suspend the employee from work on the basis of acts of the relevant authorized state bodies.

The employer must remove the employee from work in the event of:

1. who is at work in a state of alcoholic, narcotic, toxicomanic intoxication (their analogues) or who has used substances that cause such intoxication during a working day;
2. who did not pass exams to test knowledge on safety and labor protection or industrial safety issues;
3. not using personal and (or) collective protective equipment provided by the employer;
4. not undergoing a medical examination or a pre-shift medical examination, if they are mandatory in accordance with the legislation of the Republic of Kazakhstan;
5. in case of loss of the employee’s right to drive a vehicle or other permits required to perform work stipulated by the labor contract;
6. if his actions or inaction entailed or could entail the creation of an emergency, violation of the rules of labor protection, fire safety or traffic safety in transport.

The employer has the right to suspend from work an employee who has not ensured the safety of property and other valuables transferred to the employee on the basis of a written agreement on assuming full financial responsibility.

For the period of suspension from work, the employee does not save wages and does not pay temporary disability benefits at the expense of the employer.

The removal of the employee from work is carried out by the act of the employer for a period until the clarification and (or) elimination of the reasons that served as the basis for the suspension. Salary is saved by the employee in case of his illegal suspension from work by the employer.

Reasons for termination of the employment contract

1. Termination of the employment contract by agreement of the parties;

An employment contract may be terminated by agreement of the parties.

The party to the employment contract that has expressed a desire to terminate the employment contract by agreement of the parties shall send a notification to the other party to the employment contract. The party that received the notification is obliged to notify the other party of the decision in writing within three business days. The date of termination of the employment contract by agreement of the parties is determined by agreement between the employee and the employer. By agreement with the employee, the employer may stipulate the right of the employer to terminate the employment contract with a compensation payment, the amount of which is determined by the employment contract.

2. Expiration of the employment contract;
3. Termination of the employment contract at the initiative of the employer;

• liquidation of the employer – legal entity or termination of the employer – individual;
• reduction in the number or staff of employees;
• decrease in the amount of production, work performed and services rendered, resulting in a deterioration in the economic condition of the employer;
• inconsistencies of the employee of the position or work performed due to insufficient qualifications, confirmed by the results of certification;
• repeated failure to pass a knowledge test on safety and labor protection or industrial safety by the employee responsible for ensuring the safety and labor protection of the organization carrying out production activities;
• non-compliance of the employee with the position or work performed due to a health condition that impedes the continuation of this work and excludes the possibility of its continuation;
• negative result of work during the probationary period;
• absence of an employee at work without good reason for three or more consecutive hours in one working day (work shift);
• finding an employee at work in a state of alcoholic, narcotic, psychotropic, toxicomanic intoxication (their analogues), including in cases of use during the working day of substances that cause a state of alcoholic, narcotic, toxicomanic intoxication (their analogues);
• refusal to undergo a medical examination to establish the fact of the use of substances that cause the state of alcoholic, narcotic, toxic intoxication, confirmed by the relevant act;
• violation by the employee of the rules of labor protection or fire safety or traffic safety, which entailed or could entail serious consequences, including industrial injuries and accidents;
• commission by the employee at the place of work of the theft (including petty) of another’s property, deliberate destruction or damage, established by a court verdict or decision that has entered into legal force;
• the commission of guilty acts or omissions of an employee servicing monetary or commodity values, if these actions or omissions give rise to a loss of confidence in the employer;
• the commission by an employee performing educational functions of an immoral misconduct incompatible with the continuation of this work;
• disclosure by the employee of information constituting state secrets and other secrets protected by law, which became known to him in connection with the performance of labor duties;
• repeated non-performance or repeated improper performance without justifiable reasons for labor duties by an employee who has a disciplinary sanction;
• submission by the employee to the employer of deliberately false documents or information when concluding an employment contract or transferring to another job, if genuine documents or information could be grounds for refusing to conclude an employment contract or transferring to another job;
• violation of labor duties by the head of the employer’s executive body, his deputy or the head of the employer’s unit (branches, representative offices and other units of the employer, as determined by the act of the employer), which caused damage to the employer;
• termination of the employee’s access to state secrets in cases established by the laws of the Republic of Kazakhstan;
• the employee’s absence from work for more than two consecutive months due to temporary disability, except for cases when the employee is on maternity leave, as well as if the disease is included in the list of diseases for which a longer period of incapacity for work is approved by the authorized state body in the field of health.
• an employee commits a corruption offense, which excludes the possibility of further work in accordance with a judicial act that has entered into legal force, with the exception of cases expressly provided for by the laws of the Republic of Kazakhstan;
• the employee continued to participate in the strike after informing the court of the decision to declare the strike unlawful or to suspend the strike;
• termination of powers of the head of the executive body, members of the collegial executive body of a legal entity, as well as in accordance with the Law of the Republic of Kazakhstan “On Joint-Stock Companies” of employees of the internal audit service and corporate secretary by decision of the owner of the property of the legal entity or an authorized person (body) or authorized body legal entity;
• the employee has reached the retirement age established by paragraph 1 of Article 11 of the Law of the Republic of Kazakhstan “On Pension Provision in the Republic of Kazakhstan”, with the right to annually extend the term of the employment contract by mutual agreement of the parties;
• absence of an employee at work for more than one month for reasons unknown to the employer;

4. In relation with the transfer of the employee to another employer;
5. Termination of the employment contract at the initiative of the employee;

The employee has the right, on his own initiative, to terminate the employment contract by notifying the employer in writing at least one month in advance. The employment contract allows the establishment of a longer period of notification by the employee of the employer of the termination of the employment contract.

The employee has the right to notify the employer in writing about the non-fulfillment by the employer of the terms of the employment contract. If after seven days from the date of the written notification the employer continues to fail to fulfill the terms of the labor contract, the employee has the right to terminate the labor contract by notifying the employer in writing no later than three working days.

6. Circumstances beyond the control of the parties;

• upon withdrawal by the local executive authorities of a permit to attract foreign labor or expiration of a residence permit;
• upon the entry into force of a court verdict by which an employee or an employer – an individual is sentenced to punishment, which excludes the possibility of continuing the employment relationship;
• in the event of the death of an employee or employer – an individual, as well as in the event of the court declaring the employee or employer – an individual to be deceased or recognized missing;
• in the event that the court declares the employee to be incompetent or of limited legal capacity, as a result of which the employee is not able to continue the employment relationship;
• in the event of the reinstatement of an employee who previously performed this work;
• when an employee enters military service under a contract, service in law enforcement and special state bodies from the day the employee submits the relevant document no later than within three days.

7. Refusal of the employee to continue the employment relationship;

• refusal of the employee to transfer to another locality together with the employer;
• refusal of the employee to continue work due to changes in working conditions;
• refusal of an employee to temporarily transfer to another job due to health reasons upon receipt of an industrial injury, occupational disease or other harm to his health not related to the production due to the performance of labor duties.

The termination of the employment contract is allowed upon written refusal of the employee to continue the employment relationship or in the presence of an act on the absence of a written refusal of the employee.

8. Transfer of an employee to an elective job (position) or his appointment to a position that excludes the possibility of continuing employment relations, except as provided for by the laws of the Republic of Kazakhstan;
9. Violation of the conditions for concluding an employment contract.

• conclusion of an employment contract for the performance of work contraindicated to the employee for health reasons on the basis of a medical opinion;
• the conclusion of an employment contract for the performance of work in violation of a court decision or court order that has deprived a person of the right to occupy certain positions or engage in certain activities;
• conclusion of an employment contract with foreigners and stateless persons without receiving in the prescribed manner certificates of qualification for independent employment or permission to attract foreign labor or without observing the restrictions or exemptions established by the laws of the Republic of Kazakhstan;
• conclusion of an employment contract with a foreign employee of a state body in violation of the requirements established by regulatory legal acts of the Republic of Kazakhstan;
• conclusion of an employment contract with the persons specified in paragraph 2 of Article 26 of the Labor Code;

In other cases provided for by this Code, the laws of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.