Labor relations arise between the employee and the employer on the basis of an employment contract.

In cases and in the manner established by the laws of the Republic of Kazakhstan, constituent documents, acts of the employer, the conclusion of an employment contract may be preceded by the following procedures:

1. election (choices) to the post;
2. election by competition to replacing the relevant position;
3. appointment or approval to the position;
4. forward to work with authorized bodies of the Republic of Kazakhstan on base of the established quota;
5. decree juridical adjudication of employment contract.

An employment relationship arises between an employee and an employer on the basis of an employment contract, which are subjects of an employment relationship, with certain rights and obligations.

The employee has the right to:

1. conclusion, amendment, addition, termination and cancellation of an employment contract in the manner and on the conditions provided for by this Code;
2. the requirement from the employer to fulfill the conditions of the labor and collective agreement;
3. safety and labor protection;
4. obtaining full and reliable information about the state of working conditions and labor protection;
5. timely and full amount of payment of wages in accordance with the terms of the labor and collective agreement;
6. payment of downtime in accordance with this Code;
7. vacation, including paid annual leave;
8. association, including the right to create a trade union, as well as membership in it, to ensure and protect their labor rights, unless otherwise provided by the laws of the Republic of Kazakhstan;
9. participation through its representatives in collective negotiating and the development of a project collective agreement, as well as familiarization with the signed collective agreement;
10. compensation for harm caused to health that relatedwith the performance of labor duties;
11. compulsory social insurance;
12. accident insurance in the performance of labor (official) duties;
13. guarantees and compensation payments;
14. protection of their rights and legitimate interests by all means not contradicting the law;
15. equal pay for equal work without any discrimination;
16. approach for resolution of an individual labor dispute sequentially to the mediation commission, the court in the manner specified by this Code;
17. a workplace equipped in accordance with the requirements of safety and labor protection;
18. provision with personal and collective protective equipment, special clothing in accordance with the requirements specified by the legislation of the Republic of Kazakhstan, as well as labor and collective agreements;
19. refusal from perform work in the event of a situation that create a threat to his health or life, with a notification to the immediate supervisor or representative of the employer;
20. appeal to the authorized state body for labor and (or) the local body for labor inspection to conduct a survey of safety and labor protection conditions at the workplace, as well as to participate in the inspection and consideration of issues related to improving conditions, safety and labor protection;
21. appeal against actions (inaction) of the employer in the sphere of labor and relations directly related to them;
22. labor remuneration in accordance with qualifications, complexity of labor, quantity and quality of work performed, as well as working conditions;
23. resolution of individual and collective labor disputes, including the right to strike action, in the manner established by this Code, other laws of the Republic of Kazakhstan;
24. ensuring the protection of personal data held by the employer.

The employee must:

1. perform labor duties in accordance with agreements, employment, collective bargaining agreements, acts of the employer;
2. observe labor discipline;
3. comply with the requirements for safety and labor protection, fire safety, industrial safety and industrial sanitation at the workplace;
4. take care of the property of the employer and employees;
5. inform the employer about the situation that poses a threat to the life and health of people, safety of property of the employer and employees, as well as the occurrence of downtime;
6. hold confidential information constituting state secrets, official, commercial or other secret protected by law, which became known to him in connection with the performance of labor duties;
7. compensate the employer for the damage caused to the extent established by this Code and other laws of the Republic of Kazakhstan.

The employer has the right:

1. freedom of choice when applying for a job;
2. amend, supplement, discontinue and terminate employment contracts with employees in the manner and on the grounds established by this Code;
3. to issue acts of the employer within their authority;
4. create and join associations in order to represent and protect their rights and interests;
5. require employees to comply with the terms of the employment and collective bargaining agreements, labor regulations and other acts of the employer;
6. to encourage employees, impose disciplinary sanctions, hold employees liable in cases and in the manner prescribed by this Code;
7. to compensation for damage caused by the employee in the performance of labor duties;
8. apply to the court in order to protect their rights and legitimate interests in the sphere of work;
9. to establish a trial period for an employee;
10. provide employees with vocational training, retraining and advanced training in accordance with this Code;
11. on reimburse their costs associated with training an employee in accordance with this Code;
12. to apply for resolution of an individual labor dispute sequentially to the conciliation commission, the court in the manner prescribed by this Code.

The employer must:

1. comply with the requirements of the labor legislation of the Republic of Kazakhstan, agreements, collective, labor contracts, acts issued by him;
2. upon hiring, conclude employment contracts with employees in the manner and on the conditions established by this Code;
3. require upon hiring documents necessary for concluding an employment contract;
4. provide the employee with work stipulated by an employment contract;
5. timely and in full to pay the employee wages and other payments provided for by regulatory legal acts of the Republic of Kazakhstan, labor, collective agreements, acts of the employer;
6. acquaint the employee with the rules of the work schedule, other acts of the employer that are directly related to the work (labor function) of the employee, and the collective agreement;
7. consider the proposals of employee representatives and provide the employee representatives with complete and reliable information necessary for collective bargaining, conclusion of collective agreements, and monitoring their implementation;
8. conduct collective bargaining in the manner prescribed by this Code, conclude a collective agreement;
9. provide workers with working conditions in accordance with the labor legislation of the Republic of Kazakhstan, labor and collective agreements;
10. provide employees with equipment, tools, technical documentation and other means necessary for the performance of labor duties, at their own funds;
11. provide information to the authorized body on engagement in accordance with the requirements of the legislation of the Republic of Kazakhstan on employment;
12. comply with the regulations of state labor inspectors;
13. to suspend work if its continuation poses a threat to the life and health of the employee and other persons;
14. provide compulsory social insurance for employees;
15. insure the employee against accidents in the performance of labor (official) duties;
16. provide the employee with annual paid leave;
17. to ensure the keeping and surrender to the state archive of documents confirming the labor activity of workers, and information about the deduction and allocation of money for their pension savings and compulsory social insurance;
18. to warn the employee about harmful and (or) hazardous working conditions and the possibility of occupational disease;
19. take measures to prevent risks at workplaces and in technological processes, carry out preventive work taking into account production and scientific and technological progress;
20. keep records of working hours, including overtime, in harmful and (or) hazardous working conditions, in heavy work performed by each employee;
21. to compensate the harm caused to the life and health of the employee in the performance of labor (official) duties in accordance with this Code and other laws of the Republic of Kazakhstan;
22. directly admit officials of the authorized state labor body and local labor inspection body, representatives of workers, labor safety technical inspectors to conduct inspections of the state of safety, conditions and labor protection in organizations and compliance with the legislation of the Republic of Kazakhstan, as well as to investigation accidents related to with labor activity, and occupational diseases;
23. ensure the maintenance of registers or other documents determined by the employer, which indicate the surname, first name, patronymic (if it is indicated in the identification document) and the date of birth of employees under eighteen years of age;
24. materialize harvest, process and protect personal data of an employee in accordance with the legislation of the Republic of Kazakhstan on personal data and their protection;
25. carry out internal control on safety and labor protection.

As you may have noticed, based on the rights of the employee, the responsibilities of the employer are developed. In accordance with international standards, the responsibilities of each employer include:

1. Providing a safe workplace
2. Ensuring safe equipment and tools
3. Providing system of leading safe work
4. Ensuring control, training and competency of staff

All these duties are prescribed in Article No. 23 of the Labor Code of the Republic of Kazakhstan.