Remote Work: What Has Changed Recently

COVID-19 pandemic has substantially changed our lifestyle, including our work. We all remember, that during COVID-19 lockdowns, most of us had to work online. This changes in workplace naturally brought to amending the labor legislation. As a result, on 1 July 2021, the Law[1] aimed at improving the legal regulation of the remote work in Kazakhstan (hereinafter - the "Law") became effective.

We have outlined below the main provisions of the amended Labor Code.

 
Remote Work Options

Remote work may be performed as:

• combined (hybrid) remote work - when periods of offline and online work are mixed;

• remote work - when the work is fully online.

Formalizing the Transition to Remote Work

The transition to remote work can be formalized:

• by signing the amendment  agreement to the labor contract – upon mutual consent of the parties[2];

• by issuing an employer’s act/order, i.e. without signing the amendment agreement with each employee. This option is possible only:

       - during the state of emergency or martial law;

       - when other restrictive measures, like quarantine, are introduced;

       - in other exceptional cases threatening the life or health.

In such cases, the employer's act shall contain the following information:

-         reasoning for temporary remote work;

-         list of employees transferred to the remote work;

-         reasonable and justifiable period of remote work.

Working Hours

During working hours an employee must be available for communication with an employer. At the same time, unless it is overtime work or another exceptional case, an employer may not request that an employee be available for communication outside of working hours.

In addition, flexible working hours may be set for employees engaged in remote work.[3]

Remuneration

If an employee performs the full scope of work established by a labor contract and an employer's act, his/her salary shall be paid in full.[4] That is, if an employee switches from the traditional format of work to remote work and the scope of work performed by him/her remains the same, his/her salary shall not be reduced.

Confidential Information and Trade Secrets

In order to protect confidential, commercial or other legally sensitive and protected information that have become known to an employee in the course of remote work, a labor contract or an employer's act provides for the condition of preservation and non-disclosure of such information.

From the foregoing, the Law has timely introduced the concepts of new reality like "remote work" and "combined remote work", as well as cleared the uncertainties and improved the provisions governing the labor activities of employees engaged in remote work.

Information contained in this Client Update is general and cannot be used as legal advice or recommendation. Please note that Kazakhstan is an emerging economy, and its legislation and legal system are in constant development. Should you have any questions or want to discuss matters addressed in this Client Update, please contact us.

1. Law of the Republic of Kazakhstan № 61-VII "On Amendments and Additions to the Labor Code of the Republic of Kazakhstan on Improving the Legal Regulation of Remote Work" dated 1 July 1 2021
2. Paragraph 2 of Article 138 of the Labor Code of the Republic of Kazakhstan
3. Paragraph 5 of Article 138 of the Labor Code of the Republic of Kazakhstan
4. Paragraph 6 of Article 138 of the Labor Code of the Republic of Kazakhstan