Labour relations

Legal support for employers and businesses

Employment relationships are an important part of any business. They involve not only employment contracts and payroll, but also internal company rules, employee rights and obligations, disciplinary matters, workplace policies and the legal procedures that must be followed when an employment relationship changes or ends.

Labour legislation in Kazakhstan is subject to regular amendments, making it important for employers to keep their employment practices and internal documents up to date.

Eurasia Legal Consult provides legal support to employers on day-to-day employment matters as well as more complex labour issues, disputes and inspections.

Employment contracts and employment documentation

A properly prepared employment contract is one of the main elements of a legally sound relationship between an employer and an employee.

We assist businesses with drafting, reviewing and updating:

• employment contracts;
• additional agreements to employment contracts;
• confidentiality agreements;
• internal labour regulations;
• employer’s acts and orders;
• job descriptions and other employment-related documents;
• documents concerning disciplinary and material responsibility;
• collective agreements and other internal company documents.

The documents should reflect the actual working relationship and comply with the applicable requirements of Kazakhstan labour legislation.

Hiring and changing employment conditions

Employers have the right to organise their hiring process within the limits established by law and to determine the professional requirements for employees.

At the same time, employment decisions must be properly documented and carried out in accordance with the applicable legal requirements.

We advise employers on legal issues related to:

• hiring employees;
• probationary periods;
• changes to employment conditions;
• transfers and changes in job duties;
• amendments to employment contracts;
• temporary arrangements and other changes in employment relationships.

A clear legal procedure helps reduce the risk of future disputes and misunderstandings with employees.

Internal labour regulations

Employment relationships are governed not only by individual employment contracts but also by the employer’s internal documents.

Internal rules can regulate important aspects of the workplace, including working procedures, employee responsibilities, disciplinary requirements and other organisational matters.

We help businesses develop and review internal labour documents so that they are consistent with the company’s actual activities and applicable legislation.

Disciplinary matters

Employers may need to respond to violations of workplace rules or improper performance of employment duties.

Disciplinary measures should be applied carefully and in accordance with the required legal procedure. An incorrectly documented disciplinary action may later become the subject of a labour dispute.

We assist employers with the legal assessment and documentation of disciplinary matters, including the preparation of relevant employer’s acts and other documents.

Termination of employment

Ending an employment relationship is one of the areas where employers face significant legal risks.

The legal basis for termination, required procedures, documentation and timing should be carefully assessed before the decision is implemented.

We provide legal assistance in matters involving:

• termination by agreement of the parties;
• termination at the initiative of the employee;
• termination at the initiative of the employer;
• changes affecting the employment relationship;
• preparation of termination documents;
• assessment of potential legal risks before termination.

Our role is to help the employer follow the applicable procedure and properly document the decision.

Employee material responsibility

In certain circumstances, an employee may be responsible for damage caused to the employer in connection with the performance of employment duties.

Such matters require a careful assessment of the circumstances, the employee’s responsibilities, the available evidence and the applicable legal requirements.

We assist employers in assessing potential claims for compensation and preparing the necessary legal documents.

Confidentiality and protection of business information

Employees may have access to commercially important information, customer data, internal procedures, technical information and other confidential business materials.

A company should consider confidentiality issues not only after information has been disclosed, but when employment relationships and internal procedures are being established.

We prepare and review confidentiality agreements and advise businesses on legal measures aimed at protecting confidential information within employment relationships.

Employee training and related legal issues

Professional training can be an important investment for an employer.

Where an employer finances employee training, the parties may need to clearly regulate the relevant rights and obligations, including the legal consequences associated with training expenses.

We advise employers on the legal aspects of professional training and the documentation of related arrangements.

Collective labour relations and conciliation commissions

Some employment matters involve not only individual employees but also collective labour relations.

We assist businesses with legal issues relating to collective agreements and the establishment and operation of conciliation commissions.

Where a labour dispute arises, it is important to understand the applicable procedure and address the dispute through the appropriate legal mechanism.

Labour inspections

An inspection by a government authority can create significant legal and organisational pressure for a business.

Employers should be prepared to provide the required documents and respond properly to questions concerning employment practices.

Eurasia Legal Consult assists clients in preparing for and responding to labour inspections, including reviewing employment documentation and identifying potential compliance risks.

Labour disputes

Even with well-prepared employment documents, disputes between employers and employees may arise.

A labour dispute can concern termination, wages, working conditions, disciplinary measures, material responsibility or other employment-related matters.

We represent employers in labour disputes and assist with:

• analysing the legal position;
• preparing responses and other legal documents;
• developing a dispute strategy;
• participating in negotiations and pre-trial procedures;
• representation before the conciliation commission where applicable;
• representation in court;
• challenging claims or protecting the employer’s interests in proceedings.

The earlier the legal risks are identified, the more opportunities an employer may have to resolve the situation efficiently.

Labour law audit

A labour law audit can help a business identify weaknesses before they become disputes or problems during an inspection.

Depending on the scope of the review, we can assess:

• employment contracts;
• personnel documentation;
• internal labour regulations;
• employer’s acts and orders;
• disciplinary procedures;
• termination procedures;
• confidentiality arrangements;
• collective labour documents;
• other employment-related practices.

The purpose of an audit is not simply to identify formal deficiencies, but to understand where the company’s actual employment practices may create legal risks.

Why ongoing legal support matters

Employment issues arise throughout the life of a business. New employees join, responsibilities change, internal rules are updated and employment relationships eventually come to an end.

For this reason, legal support can be more effective when employment matters are addressed continuously rather than only after a dispute has already developed.

Ongoing legal assistance allows a company to review employment documents, address new situations and consider potential risks before taking important personnel decisions.

Practical labour law advice

Labour law requires attention to both substantive rights and procedural requirements.

An employer may have a legitimate reason for taking a particular action, but the decision can still create a legal risk if the required procedure or documentation is not properly followed.

Our lawyers therefore look at employment matters from both perspectives: whether the employer has a legal basis for the intended action and whether the correct procedure is being followed.

Labour relations support by Eurasia Legal Consult

Eurasia Legal Consult provides legal assistance to employers and businesses on a wide range of labour matters in Kazakhstan.

Our lawyers continuously develop their professional knowledge to keep up with changes in labour legislation and practical developments in this area. We prepare employment and confidentiality agreements, internal company documents, collective agreements and documents relating to conciliation commissions, and represent employers in labour disputes and before government inspectors.

Our approach is based on careful legal analysis, clear documentation and an understanding of the employer’s actual business needs.

Effective labour law support is not only about responding to disputes. It is about creating employment practices and documents that help prevent legal problems before they arise.