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Cashing in On-Time Wages: A Guide for Kazakhstan Working Folks
In Kazakhstan, working individuals who find themselves in a salary pickle have the option to push for their due wages without stepping foot in a courtroom. Let's break down the rules, penalties, and procedures involved in this process, drawing from insights provided by the Ministry of Labor and Social Protection of the Republic of Kazakhstan.
Who Can Skip the Courtroom?
Only Kazakhstan natives (regardless of their citizenship) working under an employment contract are eligible to recover their wage debts without heading to court.
Employer Obligations and Consequences
Employers are bound by the following rules:
- Salary payments should be made no less than once a month and no later than the 10th day of the subsequent month. If necessary, the wage payment date should be specified in the employment and collective agreements. If the wage payment date falls on a weekend or holiday, the employer must make the payment on the preceding day.
- The employer must inform each employee, in writing or electronically, about the wage components, amounts, and reasons for any deductions, including pension contributions, each month. If wages are delayed, the employer must also pay the employee a penalty for every day of the delay. The penalty is calculated at 1.25 times the base rate of the National Bank of the RK.
- If the employment contract ends for any reason, the employer must pay the employee the outstanding amount within three days. If the deadline is not met, the employer must pay the employee a penalty equivalent to 1.25 times the base rate of the National Bank of the RK for each day of delay.
Where, What, and How to Complain
Labor rights issues in Kazakhstan are addressed by Labor Inspection Departments. If wages are delayed, the employee should submit a written application to the local department. The required documents include:
- ID (copy), and
- A copy of the employment contract (the original contract is needed for verification).
The application should be submitted to the employer’s location. The employee should be prepared for an interview with an inspector who will delve into the case details. Afterwards, based on the application, the inspector will conduct an inspection to identify any violations. If violations are found, the inspector will take steps to recover the wage arrears.
Inspectors vs. employers
In case of wage payment deadlines violations, inspectors could issue the following acts:
- An order for the employer to pay the wages,
- A protocol on an administrative offense against the employer.
Additional acts that might be issued include:
- A decision on an administrative offense case, and
- A conclusion of the state labor inspector.
Employers are obliged to comply with the state labor inspector's order, and state labor inspectors have the power to levy administrative penalties (fines) on employers.
Employer Punishments
If an employer fails to meet wage obligations, as specified by labor legislation, and neglects to calculate and pay penalties for the delay period, they could face fines. The size of the fines depends on the nature of the business:
- Officials (managers) - 30 times the MPR,
- Small businesses or non-profit organizations - 60 times the MPR,
- Medium-sized businesses - 100 times the MPR, and
- Large businesses - 150 times the MPR.
Repeated offenses within a year would result in increased fines.
Civil-Law Contracts in a Nutshell
Any employee has the right to enter into a civil-law contract (CLP) with an employer. These contracts often include work contracts and contracts for the provision of paid services. CLPs are not subject to labor legislation. If a dispute arises regarding the performance of the contract's obligations, the matter is usually resolved in court.
When Pensions Are Missing
Delay in wage payment may also lead to a delay in mandatory pension contributions to the ENPF. To check for any outstanding amount, employees can request a statement from the ENPF website or local office. If pension payments are not made on time or in full, the employee should contact the state revenue authority. The consideration of such cases falls under the competence of the state revenue authorities of the Ministry of Finance of the RK.
Additional Resources
- Where in Kazakhstan do people earn the highest salaries?
- Jobs offering up to 500,000 tenge were available to Almaty residents during the job fair
- Companies are increasingly employing people with disabilities
- To ensure timely wage payments in Kazakhstan, particularly for personal-finance matters, employees can seek help from the Labor Inspection Departments, a branch of the Ministry of Labor and Social Protection, without involving the courts.
- Businesses in Kazakhstan, regardless of size, are required to comply with certain rules regarding wage payments, such as making payments at least once a month and no later than the 10th day of the subsequent month, providing monthly wage statements, and paying penalties for any delayed payments.
- In general-news relevant to the business and finance sector, employment opportunities offering high salaries can often be found in major cities like Almaty, and there is a growing trend of companies hiring individuals with disabilities, contributing to a more inclusive lifestyle in the country.
