Kazakhstan: Labor reforms set out flexible work arrangements

Employer Action Code: Act

Recent amendments to the Labor Code allow employers to adopt a four-day workweek with employee consent; establish staggered work schedules in their work rules and enable job sharing (i.e., two employees jointly performing the same position) under certain conditions.

Key details

Four-day workweek

• The “normal” workweek of up to 40 hours may be distributed over four days (up to 10 hours each day), when mutually agreed upon by the employer and employee, with the possibility to alternate with a five-day or a six-day workweek. The limit on overtime is 12 hours per month and 120 hours per year (in addition to the existing cap of two hours per day).
• Employers that choose to adopt the possibility of a four-day workweek will have to amend their work rules or collective bargaining agreement (CBA) to recognize the possibility of an alternative normal workday (as defined by work rules or CBA) of up to 10 hours along with the normal workday of eight hours. Full-time employees would then be entitled to request, in writing, their employer’s approval to work their full weekly work hours over four days instead of the standard five or, alternatively, to request biweekly work schedules where weekly working hours would be shorter one week and longer the next.
• For a four-day, five-day or six-day workweek, the normal day off is Sunday. The second day off (with a five-day workweek) or second and third days off (with a four-day workweek) are established by work rules or CBAs.

Staggered work schedules

• Employers may establish staggered work schedules under which the duration of the workday varies depending on the day of the week and workload, subject to a maximum workday of 11 hours including overtime.

Joint employment (job sharing)

• Companies may employ two workers on a part-time basis to perform the same job jointly. Eligible employees for job sharing include single mothers with children under age 14 (18 for a child with a disability), parents with a child under age three, carers for a sick family member and those within two years of normal retirement age (63 for men and 61 for women) or older.

Employer implications

Employers are not required to introduce a four-day workweek or any of the other measures. The changes are intended only to offer more flexibility in employment for workers and companies. Sixty-two percent of firms surveyed by WTW have flexible work schedules; 30% employ part-time workers. Employers may wish to review their current work arrangements to take advantage of the new measures, which took effect on July 1, 2023.

Contact

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Michael Brough

Senior Director, Integrated & Global Solutions

email Email phone +971 50 189 5816

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