The concept of rotational work is quite popular in the Republic of Kazakhstan. There are certain specifications and circumstances under which this option of work method comes into effect. According to the Labour Code, an employee can opt for rotational work when the distance between their residence and place of work is quite large and commuting daily to and from is not feasible.
The legislation clearly lists down the requirements and as well as restrictions which are imposed on the employees’ option for rotational work.
Employees contraindicated for rotational work based on their medical reports shall not be involved in such work methods
Employees below the age of 18, pregnant women with gestation period of 12 weeks or more, employees with disabilities or injuries shall not be allowed to take up rotational work
Duration of rotational work
The maximum and acceptable length of rotational work is 15 calendar days. This duration may be extended to up to 30 calendar days however with the explicit consent of the employee.
For crew members on board ships, the maximum duration of rotational work may be increased to 120 calendar days, again with the consent of the employee.
Summary of working hours and workday schedule
A summary of working hours is chalked out in advance for up to a quarter or a full calendar year. This summarized period covers the actual work hours, rest periods, travel time from the employer’s location or meeting point to the work place and back.
An average of 8 hours daily and/or 40 hours per week is accounted for. The number of working hours and time of rest is also accounted for within this period and it is approved based on the workday schedule. However, the travel time from the employer’s location or meeting point to the place of work and back is not counted as working time. Lastly, in case the duration of hours per day exceeds 8 hours, the break time for rest and meals shall be at least 1 hour.
Additional responsibilities of the employer in rotational work scenarios
An employer must provide the employees with housing facilities, sufficient meals, transport facilities to the place of work and back. They must also ensure that the employees have decent working conditions and are given ample rest periods between shifts
It is the employer’s responsibility to ensure that any individual hired meets the criteria and is in accordance with the rules and legislations of rotational work or those set down by the employer
They must also keep an account of the working hours and rest periods for each employee who is part of the rotational work
Rotational work during weekends and holidays
Weekends for employees who work in rotation are given on different days of the week and is decided based on the shift schedule.
An employee can be asked to work on holidays or during certain holidays like Kurban Ayt and orthodox Christmas, for which no written consent of the employee or a formal publication from the employer is required.
Information contained in this Client Update is of a general nature 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.