LABOUR CODE OF THE REPUBLIC OF KAZAKHSTAN

Article 2. Labour legislation of the Republic of Kazakhstan • 1. The labour legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of this Code and other laws and regulations of the Republic of Kazakhstan. • 2. No provisions governing labour relations, social partnership relations or occupational health shall be included into other laws of the Republic of Kazakhstan, unless otherwise provided by this Code.

Article 3. Objective and purposes of the labour legislation of the Republic of Kazakhstan • 1. The objective of the labour legislation of the Republic of Kazakhstan is the legal regulation of labour relations and any other labour-related relations, which is intended to protect the rights and interests of parties to labour relations and to provide for minimum guarantees of employment-related rights and freedoms. • 2. The purposes of the labour legislation of the Republic of Kazakhstan include the creation of required legal environment intended to reach a balance of interests of the parties to labour relations, economic growth, and productivity enhancement and human welfare.

Article 4. Principles of the labour legislation of the Republic of Kazakhstan • The following shall be the principles of the labour legislation of the Republic of Kazakhstan: • 1) no restriction of human and civil rights in the area of employment; • 2) freedom of labour; • 3) no discrimination, unfree labour or the worst forms of child labour; • 4) a secured right to labour conditions that comply with safety and hygiene requirements; • 5) precedence of the life and health of an employee over the work results; • 6) a secured right to fair compensation for labour in the amount of at least being equal to the minimum wage;

Article 4. Principles of the labour legislation of the Republic of Kazakhstan • 7) a secured right to rest; • 8) equality of employees’ rights and opportunities; • 9) a secured right of employees and employers to associate with a view to protecting their respective rights and interests; • 10) social partnership; • 11) state regulation of the matters of health and safety; and • 12) a secured right of employee representatives to exercise public control over the compliance with the labour legislation of the Republic of Kazakhstan

Article 6. Freedom of labour • Everyone shall have the right to pursue a freely chosen occupation or to freely accept an occupation without any discrimination or compulsion whatsoever, to use his/her ability to work, and to choose a profession or form of activity

Article 10. Employment agreements, agreements between the parties to a social partnership, collective agreements, and employer regulations in the area of labour • 1. Labour relations and any other labourrelated relations shall be governed by an employment agreement, employer regulations, agreement, and collective agreement. • 2. Provisions of agreements between the parties to a social partnership, collective agreements, employment agreements, or employer regulations worsening the condition of employees as stipulated by the labour legislation of the Republic of Kazakhstan shall be deemed void.

• Chapter 2. COMPETENCE OF GOVERNMENT AGENCIES IN THE AREA OF REGULATION OF LABOUR RELATIONS

Article 15. Competence of the Government of the Republic of Kazakhstan in the area of regulation of labour relations • The Government of the Republic of Kazakhstan shall: • 1) develop principal directions and ensure the implementation of the state policy in the area of labour, health and safety; • 2) organise the development and implementation of governmental programs in the area of health and safety; • 3) introduce the procedure for organising and carrying out the governmental control in the area of health and safety; • 4) determine the procedure for reporting and for keeping state statistics in the area of health and safety;

Article 15. Competence of the Government of the Republic of Kazakhstan in the area of regulation of labour relations • 14) approve the plan of compensation of employees of organisations funded out of the State budget; • 15) determine the general requirements to the occupational training, retraining and professional development of staff in organisations; • 16) approve multiplying industry ratios to be determined by industry agreements; and • 17) form commissions to investigate group accidents, if more than five persons have died.

Article 16. Competence of the authorised government labour agency in the area of regulation of labour relations • The authorised government labour agency shall: • 1) implement the state policy in the area of labour, labour safety, and occupational health; • 2) enact laws and regulations of the Republic of Kazakhstan which establish general requirements to health and safety in all areas of activities; • 3) organise the government control over the compliance with the labour legislation of the Republic of Kazakhstan and the requirements as to health and safety; • 4) coordinate the activities of government agencies as to the development of technical regulations governing health and safety;

• 21) determine a list of operations, workshops, occupations and positions, a list of heavy work, or work under harmful (extremely harmful) and/or hazardous labour conditions; • 22) organise monitoring and risk assessment in the area of health and safety; • 23) establish a procedure for mandatory regular certification of production facilities by labour conditions; and • 24) approve Model Regulations on the Security and Occupational Health Service in an Organisation.

Article 17. Competence of territorial divisions of the authorised government labour agency in the area of regulation of labour relations • Territorial divisions of the authorised government labour agency shall: • 1) exercise state control over the compliance with the labour legislation of the Republic of Kazakhstan and requirements to health and safety; • 2) monitor collective agreements presented by employers; • 3) analyze causes of industrial injuries, occupational diseases, occupational poisoning, and develop suggestions as to the prevention thereof; • 4) investigate work accidents in accordance with the legislation of the Republic of Kazakhstan;

Article 18. Competence of local executive agencies in the area of regulation of labour relations • Local executive agencies shall: • 1) issue permits to employ foreign nationals to work in the territory of their respective political units; • 2) subject to approval by the local representative agency, determine a list of positions of professionals in health protection, social security, education, culture and sports, working in auls (rural areas); • 3) register industrial and regional agreement concluded at the city or district level;