Submission of employment agreements to state electronic system

SUBMISSON OF EMPLOYMENT AGREEMENTS TO STATE ELECTRONIC SYSTEM

On September 17, 2020, the Rules for the provision and receipt of information about employment agreements in the unified employment agreements recording system (hereinafter – the Rules ) will come into legal force.

Employers are required to submit copies of employment agreements and other information to the Unified Employment Agreements Recording System (hereinafter - the System ).

Deadlines for submitting employment agreements to the System

According to the Rules, the employer must provide information in the following deadlines:

1. If a new employment agreement has been made, then a company must submit electronic copy of employment agreement to the System within 5 business days from the date the employment agreement would be signed by both parties;

2. Companies with less than 2000 employees must submit current employment agreements before September 17, 2021;

3. Companies with more than 2000 employees must submit current employment agreements before September 17, 2022;

4. Any changes and additions to an employment agreement must be submitted within 15 calendar days from the date of signing by both parties of such changes or additions to an employment agreement;

5. Information about the termination of the employment agreement must be submitted within three working days from the termination date of the employment agreement.

The employer or another employee, who is authorized to submit information to the System, should certify such information with an electronic digital signature.

What else needs to be submitted to the System

Employers will submit into the System following information:

• employee’s starting date in a company;

• termination date of the employment agreement;

• place of work, agreement duration;

• position, profession or qualification.

Tort law liability

According to the explanation of the labour authorities, today there are no direct penalties for failure to provide information to the System. However, state labour inspections will have the right to conduct state inspection and issue an order to eliminate violations. There will be administrative liability or penalty from 40 thousand tenge to 1.4 million tenge for ignoring state labour inspection order.

State control to embrace employment and unemployment statistics

We suppose that generally the system is focused to record employment and unemployment data. Today Kazakhstan labour authorities do not have accurate information about employment and unemployment data. New Rules will let them be efficient in order to know who has job and socially secured and who exactly is in need of social benefits and supportive measures.

This review was prepared by the Synergy Partners team in employment law practice. Our lawyers have extensive experience in solving labour disputes and other labour law advices.