Advising

Advising

For an employer enjoying qualified legal assistance prior to making definitive decisions is an effective way to avoid making further mistakes. Labour relations are a complicated business regulated not only by the Labour Code, but also by a number of other regulations, whose requirements are not always known to the director or HR manager of a company. In view of this, employers are recommended to obtain and rely on the opinion of a lawyer, who specialises in labour law.

The extensive experience of GRATA allows us to provide a wide range of advices on labour law, which includes, inter alia, advising on issues related to hiring procedures, changes in the working conditions of employees, termination of employment, disciplining, working schedule, payment terms and labour safety, compensation for and recovery of damage caused by the parties to an employment agreement, material liability of an employee and employer, work with personal data of employees, etc.

In the context of providing such comprehensive advice, we would like to focus on our proposed memorandum on the basic provisions of the legislation of the Republic of Kazakhstan regulating labour relations.

This Memorandum covers the main requirements of Kazakhstani labour laws, which are particularly relevant to companies starting their business in Kazakhstan. In particular, this document covers  the following issues:

• the basic legal framework of Kazakhstan governing labour relations;
• hiring regulations;
• salaries and wages (minimum size and payment terms, overtime and night-time payment);
• working hours (normal duration of working time, overtime work, reduced working hours, etc.);
• rest time (duration of a daily break and labour leave, additional social leaves);
• taxation issues (individual income tax, obligatory social and pension contributions, etc.);
• insurance of employer's liability for damage to the health of employees in the course of work;
• termination of employment agreements (grounds and procedures);
• status and competence of employees' representatives;
• specific features for hiring foreign employees.

Experience:

• advising one of the major Kazakh Mining Company on hiring and dismissing senior managers;
• advising one of the major Kazakh Metallurgical Company on implementation of the staff incentive system;
• advising the major Kazakh Gas Producer on hiring foreign staff;
• advising Kazakh Telecom Holding on staff optimisation in connection with reorganisation.

Publications:

• HSE Management