Employment Contracts in Kazakhstan

Mandatory content — Article 28

Every employment contract must include: the details of both parties; the work function; the place of work; the term; the start date; working and rest time; pay; working conditions and guarantees where the work is heavy or hazardous; the rights and duties of both parties; the procedure for amending and ending the contract; the parties' liability; and the contract date and number. A missing term does not remove the employee's statutory protection, and terms that worsen the employee's position compared with labour law are invalid (Art. 10(2)).

Fixed-term vs indefinite contracts

A fixed-term contract must run for at least one year (Art. 30(1)(2)), except for a specific job, replacement of an absent employee, seasonal work, and the term of a foreign worker's permit. It may be extended no more than twice; if employment continues after that, the contract is treated as indefinite. Small businesses are not bound by the one-year minimum (Art. 30(2)). Bond Stone advises on the appropriate contract type based on the nature of the work and the risk profile of the employment relationship.

Probationary periods — Article 36

Maximum 3 months, or up to 6 months for heads of organisations and their deputies, chief accountants and their deputies, and heads of branches and representative offices (Art. 36(2)). Probationary period provisions must be expressly included in the employment contract. If the result is negative, the employer may terminate by a notice stating the reasons; if the period ends without notice, the employee has passed (Art. 37). The Code sets no shorter notice for the employee, so the general one-month notice applies (Art. 56). Employees on probation have all Labour Code rights and protections — probation does not reduce minimum wage, leave, or other entitlements.

Remuneration — minimum wage compliance

Employment contracts must specify the remuneration amount. Kazakhstan's minimum wage is set annually by government resolution — contracts must be reviewed and updated when the minimum wage increases. Bond Stone monitors annual minimum wage changes and advises clients on contract update obligations.

Non-compete and confidentiality provisions

Article 29 of the Labour Code allows a non-competition agreement, for posts listed by an act of the employer and with compensation that may be agreed. It does not address restraints after employment ends, so their enforceability is uncertain. Bond Stone advises on structuring enforceable confidentiality and non-solicitation provisions within the limits of Kazakhstani law, and on the practical risk of relying on post-employment non-competes in Kazakhstan.