Kazakhstan Response to COVID-19: Employer Perspective

Due to the state of emergency, the operation of some organizations and companies will be limited or even prohibited. We would like to present to you the latest explanations from Mr. Birzhan Nurymbetov, the Minister of Labor and Social Support of RoK and our commentaries on the measures to be taken by the employers due to the state of emergency.

Should the companies switch to the remote work under the state of emergency?

• Under the current circumstances, all organizations, institutions, and companies, regardless public or private, should switch, if possible, to remote operation.

How are salaries paid when switching to remote work?

• The salaries should be paid in full like under the regular working hours. The employers have to put in place all necessary conditions for remote operation. Article 138 of the Labor Code specifies the procedures and working hours’ calculations for remote work.

What should employers do if they cannot switch their workers to remote work?

• The employers are allowed to introduce reduced working hours per week or per day for the employees who cannot work remotely and the state of emergency causes the reduction of workload. In this case, the employees should be paid for the actual time they worked.

What should employers do in case they cannot switch to the remote mode or reduce working hours?

• In this case, the employers are facing the compulsory shutdown. The employer shall pay the minimum salary of at least 42,500 KZT (the Minimum Monthly Salary for 2020) or the amount provided by the individual employment contract but not less than MMS mentioned above.

• Taking into consideration the upcoming difficulties, some employers may consider such drastic measures like reducing their staff. In this case, the employers shall give the employee at least one-month notice and pay one-month salary compensation.