Employment contract template Kazakhstan

EMPLOYMENT AGREEMENT

№ _______

Almaty, _________, 2025

______________________, represented by the General Director ______________________, acting under the authority of the Statute, hereinafter referred to as the “Employer”, on the one hand,

and_____________ holder of the identity card № ____________ issued on ___________ , issued by _________, IIN ________________, hereinafter referred to as the “Employee”, on the other hand, have entered into this Employment Agreement (hereinafter referred to as the “Agreement”) on the following:

1. Subject of the Agreement

1.1 The employer shall engage the Employee to perform work as ____________________

for which the Employee shall receive remuneration.

1.2 This Agreement constitutes a contract for the Employee’s primary employment.

1.3 The Employee’s work is not associated with harmful, hazardous, or strenuous conditions and complies with applicable standards, rules, and regulations on labor protection in accordance with the legislation of the Republic of Kazakhstan.

1.4 At the request of either the Employee or the Employer, remote work or hybrid remote work arrangements may be established by mutual agreement.

1.5 The Employee may be assigned both within the Republic of Kazakhstan and abroad to perform official tasks related to the performance of official duties.

2. Agreement period

2.1 The Employee shall commence work on ___________. This Agreement is valid for a period of one year.

2.2 To confirm that the Employee’s qualifications meets requirements of the position, the Parties agree to a probationary period of ______ months.

3. Rights and obligations of the Employee

3.1 The employee has the right to:

1) Enter into, amend, supplement, terminate, or cancel the employment agreement in accordance with the provisions of the Labour Code of the Republic of Kazakhstan;

2) Require the Employer to fulfil the terms of the employment agreement;

3) Safe and healthy working conditions;

4) Receive complete and accurate information about working conditions and occupational health and safety;

5) Timely and full payment of wages in accordance with the terms of this Agreement;

6) Rest, including paid annual leave;

7) Compensation for harm to health caused in connection with the performance of work duties;

8) Mandatory social insurance;

9) Insurance against accidents occurring in the course of performing work (official) duties;

10) Guarantees and compensation payments;

11) Protection of their rights and lawful interests in any manner that does not violate the law;

12) Equal pay for equal work without discrimination;

13) Remuneration based on qualifications, the complexity of the work, the quantity and quality of work performed, and working conditions;

14) Protection of personal data stored by the employer.

3.2 The Employee must:

1) Perform their duties in accordance with the employment agreement, collective agreements, and the employer’s internal regulations;

2) Observe workplace discipline;

3) Comply with the requirements for occupational safety and health, fire safety, industrial safety and workplace hygiene;

4) Take care of the property of both the employer and fellow employees;

5) Notify the employer of any situation that poses a threat to life or health, endangers the property of the employer or employees, or leads to downtime;

6) Comply with the terms of intellectual Property and Non-compete clause;

7) Compensate the Employer for any damage caused, within the limits established by the Labor Code of the Republic of Kazakhstan, this Agreement, the Non-Competition Agreement, and other internal policies of the Employer;

8) Notify the Employer, no later than three (3) working days, of any changes or additions to personal data, as well as the replacement of documents containing such data, including the identity card, passport, or other relevant documents;

9) Perform any other duties as stipulated by the labor legislation of the Republic of Kazakhstan;

10) Reimburse travel or work-related expenses by providing documents. If necessary, submit a report on the work completed and respond to the Employer’s requests sent via e-mail or WhatsApp within two (2) working days.

4. Intellectual Property and Non–Compete Clause

4.1 For the entire duration of this Agreement, and for twelve (12) months after the termination of the employment relationship for any reason, the Employee shall not work as an employee, officer, director, partner, consultant, agent, or owner, or engage in any other capacity with any competing organization.

4.2 The Employee agrees and acknowledges that, during the term of this Employment Agreement, they will have access to confidential information through oral, visual, electronic, or written means solely by virtue of their employment and for the purpose of fulfilling their responsibilities to the Employer. Access to such confidential information shall be granted at the Employer’s discretion.

4.3 The Employee agrees and undertakes that, at all times during the term of their employment and after its termination for any reason, they shall hold all confidential information in strictest confidence. The employee shall not use such an information except for the benefit of the company and its affiliates, and must refrain entirely from divulging, discussing, or disclosing it to any third party, or using it in any way, directly or indirectly, without the company’s written authorization.

4.4 The Employer shall retain all rights, title, interest, and intellectual property rights in any Employer Intellectual Property created, conceived, developed, contributed to, or improved by the Employee during the course of their employment. Such rights shall vest in the Employer upon such creation, conception, development, contribution, or improvement. Notwithstanding anything to the contrary, no license regarding intellectual property rights shall be deemed or implied to be granted by the Employer to the Employee in relation to the Employer Intellectual Property.

4.5 The Employee shall not reverse-engineer, decompile, disassemble, modify, or copy (except for creating a single backup copy) any methodologies, software, whitepapers, themes, headlines, or confidential information disclosed under this Agreement. The Employee shall also not remove, overprint, deface, or alter any notice of confidentiality, copyright, trademark, logo, legend, or other ownership markings from any originals or copies of confidential information received from the Employer.

4.6 The Employee agrees and understands that any and all copyrightable works prepared by the Employee within the scope of their service shall be considered “work for hire,” and the Employer shall be deemed the first owner of such copyrightable works. The Employee hereby waives any rights to, and agrees not to raise any objections or claims under applicable law regarding the ownership of such Employer Intellectual Property.

4.7 Upon termination of employment, the Employee shall promptly return to the Employer all confidential information, including all materials and documents obtained from or through the Employer in hard or soft copy.

5. Rights and obligations of the Employer

5.1 The Employer has the right to:

1) freely select candidates during the hiring process;

2) amend, supplement, or terminate employment agreements with employees in accordance with procedures and grounds established by applicable labor laws;

3) issue official directives within the scope of their authority;

4) require employees to comply with the terms of the employment agreement, internal labor policies, and other official directives of the Employer;

5) reward employees, impose disciplinary actions, and hold employees financially responsible in cases and under procedures provided by applicable labor laws;

6) seek compensation for damage caused by an employee in the course of performing their work duties;

7) take legal action to protect the Employer’s rights and legitimate interests in labor-related matters;

8) establish a probationary period for the Employee;

9) provide employees with professional training, retraining, and skills enhancement in accordance with applicable labor laws;

10) reimburse employees for expenses related to training, in accordance with applicable labor laws;

11) exercise other rights provided under the labor legislation of the Republic of Kazakhstan.

5.2 The employer is obliged to:

1) Comply with the labor laws of the Republic of Kazakhstan, as well as all applicable agreements, employment contracts, and internal regulations;

2) Enter into employment contracts with employees in accordance with the procedures and conditions set out in the Labor Code;

3) Request the necessary documents for concluding an employment contract, in accordance with Article 32 of the Labor Code, at the time of hiring;

4) Provide the employee with the job position specified in the employment contract;

5) Pay the employee’s wages and all other entitlements in full and on time, as stipulated by the laws of the Republic of Kazakhstan, the employment contract, and internal regulations;

6) Acquaint the employee with the internal labor regulations and other documents issued by the Employer that are directly related to the employee’s duties;

7) Provide employees with working conditions in accordance with the labor laws of the Republic of Kazakhstan and applicable labor or collective agreements;

8) Provide information to the authorized employment authority in accordance with the requirements of the labor laws of the Republic of Kazakhstan on population employment;

9) Follow the instructions issued by state labor inspectors;

10) Suspend work if its continuation poses a threat to the life or health of the employee or other individuals;

11) Provide the employee with annual paid leave and ensure compulsory social insurance of employees;

12) Ensure the safekeeping and submission to the state archive of documents confirming employees’ work history, as well as information on the withholding and deduction of funds for their pension provision;

13) Take measures to prevent risks in the workplace and technological processes, and carry out preventive actions in line with industrial, scientific, and technological advancements;

14) Compensate for harm caused to an employee’s life or health during the performance of their job duties, in accordance with the Labor Code and other laws of the Republic of Kazakhstan;

15) Allow officials from the authorized state labor body, local labor inspection authorities, employee representatives, and technical labor protection inspectors free access to conduct inspections on workplace safety, working conditions, and labor protection, as well as to ensure compliance with the labor laws of the Republic of Kazakhstan and to investigate work-related accidents and occupational diseases;

16) Maintain registers or other documents, as required by the employer, that record the surname, first name, patronymic (if included in the identity document), and date of birth of employees under eighteen years of age;

17) Collect, process, and protect the employee’s personal data in accordance with the legislation of the Republic of Kazakhstan on personal data and their protection;

18) Conduct internal control over safety and labor protection;

19) Enter information on the conclusion and termination of an employment agreement with an employee, as well as any amendments and/or additions to it that include the information specified in subparagraphs 1), 2), 3), 4), 5), and 13) of paragraph 1, Article 28 of the Labor Code of the Republic of Kazakhstan, into the unified system for recording labor contracts, in the manner established by the authorized state labor body.

20) Perform other duties as required by the labor legislation of the Republic of Kazakhstan.

6. Working hours and rest time

6.1 As a remote worker, the employee is given:

1) The option to choose how and when to complete their work. However, job performance will be evaluated based on the timely delivery of outputs that meet the required standards for five workdays, totaling 40 hours per week. To complete the tasks associated with this position, the employee is expected to work approximately 40 hours per week.

2) An employee may be required to work overtime, as well as on holidays and weekends, in accordance with the legislation of the Republic of Kazakhstan.

3) The employee is entitled to 24 calendar days of annual paid leave, with retention of their position and average wage.

4) At the employee’s request, annual paid leave may be taken in installments, but only with the employer’s agreement. One of the installments must be at least two calendar weeks in duration.

5) Paid annual leave may be interrupted by the employer due to production needs, but only with the employee’s written consent. By agreement between the employer and employee, the unused portion of the leave may be taken later in the current working year, in the next working year, or added to the next year’s paid annual leave. If the employee is recalled from leave, compensation may be paid for the unused days instead of rescheduling them, but only by mutual agreement.

6) By mutual agreement under this contract, and upon notification by the employee, the employer must grant up to five calendar days of unpaid leave in the following cases:

registration of marriage;
birth of a child;
death of a close relative.

7. Remuneration

7.1 Grade and base salary before taxes and other mandatory deductions: ________ tenge per month.

7.2 Overtime Pay. For hourly employees, overtime work is paid at a rate of no less than one and a half times the employee’s regular daily (or hourly) rate. For piece-rate employees, overtime is compensated at no less than fifty percent of the established daily (or hourly) rate. By mutual agreement, overtime hours may be compensated with equivalent rest time at a minimum of one hour of rest for each hour of overtime worked.

7.3 Holiday and Weekend Pay. Work performed on holidays or weekends is compensated at an increased rate of no less than one and a half times the employee’s regular daily or hourly rate.

7.4 Night Shift Compensation. Each hour worked during the night is compensated at an increased rate of no less than one and a half times the employee’s regular daily or hourly rate.

7.5 Wage Payment Schedule. The employee’s wages shall be paid at least once a month, no later than the 10th day of the month following the reporting period. If the scheduled payday falls on a weekend or public holiday, payment shall be made on the preceding business day. An employee who has fully met the established working time norms and fulfilled all job duties for the given period shall not receive less than the minimum monthly wage set by the law of the Republic of Kazakhstan for the corresponding financial year.

8. Occupational Safety and Health

8.1 The Employer shall ensure that the Employee is provided with safe and healthy working conditions in accordance with applicable laws and regulations.

8.2 The Employee has the right to:

a workplace equipped in accordance with occupational safety and health standards as required by the host organization;
access to sanitary and hygiene facilities that meet the occupational safety and health requirements of the host country.

9. Procedure for Amending, Supplementing, and Extending the Agreement

9.1 Any changes or additions to this Agreement shall be made by mutual agreement of the Parties and documented in writing in the form of an addendum. Such addenda shall be considered an integral part of this Agreement.

9.2 The terms of this Agreement may not be amended unilaterally by either Party.

9.3 This Agreement may be extended by mutual agreement of the Parties, either on the same terms or on new terms.

10. Termination or Rescission of the Agreement

10.1 This agreement may be terminated or rescinded on the grounds and in the manner established by the labor laws of the Republic of Kazakhstan.

10.2 Termination or cessation of this agreement shall be carried out by order of the Employer.

11. Responsibilities of the Parties to the agreement

11.1 If the Employee fails to comply with the terms of this Agreement; they shall bear the following responsibility:

1) Disciplinary liability for violating labor discipline. This includes failure to perform, or improper performance of, assigned labor duties due to the Employee’s fault. The Employer has the right to impose disciplinary sanctions in accordance with the legislation of the Republic of Kazakhstan.

2) Liability for damage caused to the Employer through the Employee’s fault.

11.2 If the Employer fails to comply with the terms of this Agreement, they shall bear the following responsibility:

1) Liability for damages resulting from the unlawful deprivation of the Employee’s opportunity to work at their workplace, as well as for harm caused through the Employer’s fault to the life, health, or property of the Employee, in accordance with the legislation of the Republic of Kazakhstan;

2) Administrative and criminal liability as provided by the legislation of the Republic of Kazakhstan.

12. Labor disputes

12.1 Disagreements between the Employee and the Employer regarding the application of labor legislation or the fulfillment of the terms of this Agreement shall first be resolved by the Parties through negotiations. If unresolved, the labor disputes may, with the consent of the Parties, be referred to a conciliation commission or settled in court..

13. Additional terms

13.1 Any rights, obligations, and relations of the Parties not specified in this Agreement shall be governed by the legislation of the Republic of Kazakhstan.

13.2 After the conclusion of this Agreement, the Employer shall issue an employment order for the Employee, which shall be presented to the Employee for acknowledgment by signature.

13.3 Disputes arising between the Employer and the Employee shall be resolved on-site through mutual agreement of the Parties. If an agreement cannot be reached, the dispute shall be resolved in accordance with the current legislation of the Republic of Kazakhstan.

13.4 A scanned copy of this Agreement shall be recognized as having the same legal force as the original.

14. SIGNATURES OF THE PARTIES

EMPLOYER:

__________________________

BIN ________________

Location:

Kazakhstan, ___________________

General director:

_________________________

WORKER

________________

Identity card № ________________ dated ______________, issued by ______________,

IIN ___________________

Home Adress:

_____________________________________

Bank Details:

___________________________________

Phone(s):