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  1. Overview: Kazakhstan
  2. Global HR Compliance
  3. Global PEO and Payroll
  4. Work permit for hiring expats via EOR
  5. Expand without a company set up
  6. Contractor vs. Employee: Which Is Better?
  7. Global Payroll Calculator
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Global HR Compliance in Kazakhstan

Expanding your business operations to Kazakhstan as a global employer can be a strategic move to access a new market, lower labor costs, or hire specialized talent. However, hiring and firing foreign workforce in Kazakhstan can be complex due to local labor laws, language barriers, cultural differences, and administrative procedures. In this guide, we aim to provide you with essential information and best practices to navigate Kazakhstan’s hiring and firing process smoothly and compliantly.

Why Hire Foreign Workforce in Kazakhstan?

There are several reasons why companies hire foreign workforce in Kazakhstan, including:

  1. Accessing a new market: Companies may hire sales representatives or business development managers to establish a local presence and reach out to potential clients and partners in Kazakhstan.
  2. Hiring specialized talent: Companies may hire IT professionals, engineers, or other specialized workers who possess unique skills or knowledge that are scarce or expensive in their home country.
  3. Lowering labor costs: Companies may hire foreign workers who are willing to work for lower wages or benefits than local workers, which can help reduce labor costs and increase competitiveness.

Navigating Employment Regulations in Kazakhstan: How Global EOR Can Help Your Business

A Global EOR (Employer of Record) solution provides a convenient and cost-effective way for businesses to employ workers overseas without establishing a legal entity in the foreign country. By partnering with a Global EOR provider, businesses can leverage their expertise in local employment laws and regulations to ensure compliance with all legal requirements.

In Kazakhstan, businesses must follow specific legal requirements when hiring and managing employees. For instance, Kazakh labor laws govern aspects such as employment contracts, salaries, benefits, and working conditions. Failure to comply with these regulations can result in significant fines and legal penalties.

By using a Global EOR solution, businesses can rest assured that their foreign workforce is legally compliant, as the provider will act as the legal employer of record, managing all aspects of local employment, including payroll, taxes, and benefits. Additionally, the provider can manage other HR-related tasks, such as onboarding, offboarding, and performance management, freeing businesses from the administrative burden of managing a foreign workforce.

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Here are some additional ways in which a Global EOR solution can help businesses in Kazakhstan:

Risk Mitigation

Expanding your business overseas to Kazakhstan can be an exciting endeavor, but it comes with challenges and risks that global employers must consider. Misclassification of workers, Permanent Establishment (PE) risk, and Intellectual Property Rights (IPR) protection are potential pitfalls. To mitigate these risks and improve employee retention, global employers should consider using a Global Employer of Record Service Provider (Global EOR) to employ overseas workers.

The Global EOR solutions provider assumes all legal and financial risks associated with employing workers in a foreign country, reducing business risk exposure.

Reduce Cost, Effort, and Time-to-Market

Partnering with a Global EOR provider can offer a range of cost-saving benefits for businesses looking to expand their operations to foreign countries like Kazakhstan. Without a Global EOR provider, businesses typically have to establish a legal entity, set up infrastructure, and hire local HR staff to comply with local employment laws and regulations.

Establishing a legal entity in a foreign country can be a complex and time-consuming process that involves significant costs, including legal fees, administrative fees, and taxes. Furthermore, companies may face additional costs associated with office rent, utilities, and other infrastructure requirements.

By using a Global EOR provider, businesses can avoid many of these expenses and streamline their operations in Kazakhstan. The Global EOR provider acts as the legal employer of record, managing all aspects of local employment, including payroll, taxes, benefits, and compliance with local labor laws. This means businesses do not need to establish a legal entity, set up infrastructure, or hire local HR staff, saving them significant time and money.

A Global EOR solution can help businesses enter new markets quickly, as they can hire and deploy workers without waiting to establish a legal entity.

Flexibility

Scaling up or down a foreign workforce can be a challenging task, especially when it comes to complying with local employment regulations. However, with a Global EOR solution, businesses can easily manage their workforce according to their business requirements. Whether they need to quickly ramp up their workforce to meet project deadlines or downsize due to a change in business strategy, a Global EOR provider can help businesses manage their workforce efficiently and effectively.

One of the key advantages of partnering with a Global EOR provider is the flexibility it provides in terms of workforce management. Businesses can easily adjust the number of workers they need without worrying about the complex legal and administrative requirements of hiring and firing employees in a foreign country. This allows businesses to respond to market demands quickly, giving them a competitive advantage.

Compliance

Compliance is a crucial aspect of expanding into foreign markets. Noncompliance with local labor laws can result in significant business fines and legal penalties. By using a Global EOR provider, businesses can ensure compliance with all local employment laws and regulations. The provider will act as the legal employer of record and manage all aspects of local employment, including payroll, taxes, benefits, and compliance with local labor laws.

In addition to compliance, Global EOR providers offer expertise in managing global workforces. They deeply understand local labor laws, regulations, and cultural nuances, ensuring seamless operations for businesses. Global EOR providers can help businesses navigate the complexities of employing foreign workers, including work visas, residency permits, and local employment regulations. They can also provide guidance on compensation and benefits packages to ensure businesses remain competitive in the local market.

Hiring and Firing Workforce in Kazakhstan

Labor relations in Kazakhstan are regulated by regulatory legal instruments, an individual employment contract and a collective labor agreement. Under these regulatory instruments, teenagers not up to 16 years cannot conclude a contract except with the written consent of their parent, guardian or tutor and with the condition that they will only perform certain works allowed by the labor law.

Employment Contracts

The employment contract may be concluded: 1) for an indefinite period; 2) for a specific period of not less than one year: for the time required to fulfill a specific job; for the time required to replace an absent employee; for the time required to fulfill seasonal work. In the event of a repeat conclusion of an employment contract with an employee that previously concluded a contract for a specific period of not less than one year, including in the event of prolongation of an employment contract, it shall be deemed to have been concluded for an indefinite period.

A contract of employment must specify necessary details of the employer and the employee, job details, including the location of the workplace, employee’s position and duties, employer-employee’s obligations, commencement date, working time, remuneration package, means of payment and lastly the conditions and procedures of terminating or amending the contract. A contract of employment must be concluded in writing.

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Minimum Statutory Employment Rights in Kazakhstan

Working Hours

Employees customarily work five days a week on an 8-hour basis per day and a 40-hour basis per week. Employees are entitled to have two days off for every working week.

Probation Period

The trial period for employees in non-management positions cannot exceed 3 months. Only top management employees can legally be on probation for up to 6 months.

Annual Leave

Employers are required to allow their employees to take days off in each of these 12 public holidays: New Year (1st & 2nd of Jan), Orthodox Christmas, International Women’s Day, Nauryz, Unity Day, Defender’s Day, Victory Day, Astana Day, Constitution Day, Kurban-Ait, First President’s Day, and Independence Day (16th & 17th Dec).

In addition to that, employees have the right to 24 calendar days (or more if the collective bargaining agreement allows for that) of paid annual leave each year. Employees with disabilities and those who have high-risk jobs are entitled to extra 15 days paid leave each year.

Parental Leave

Maternity leave commences 70 calendar days before expected childbirth and ends 56 calendar days after childbirth (70 days for multiple births or post-birth complications). Leave for the adoption of a newborn child is provided to one of the parents on the day of adoption and for 56 days after childbirth. During maternity leave or leave for adopting a newborn child, a woman (parent) receives parental social pay from the government, and the employer is required to make up the difference between maternity pay and the employee’s average net compensation if such obligation is provided in the employment contract or collective bargaining agreement.

Leave for caring for children under three years old is provided to one of the child’s parents and is not paid by the employer. Adoptive parents (for newborns) can get 8 weeks of maternity paid leave.

Sick Leave

Employees have the right to sick leave and sick pay. Sick leave must be supported by a medical certificate issued by a licensed doctor. Sick leave cannot be longer than two months. The level of sick pay is determined on the basis of the employee’s average daily income multiplied by the number of working days during which the employee was on a sick leave.

Overtime

Employees are permitted to work overtime so long as they do not work more than 2 hours overtime per day, 12 hours per month or 120 hours per calendar year. Overtime work shall not be permitted for: 1) pregnant women; 2) employees under the age of eighteen years. Employees may be engaged to do overtime work only with their written consent. Employers are obligated to compensate for overtime, including works performed during the night hours at the rate of 150 percent of the normal salary. This rate must be increased to 200 percent if the works were done at the weekend or on holiday.

Minimum Salary

The national minimum wage in Kazakhstan is 24,459 tenge (KZT) ($67) per month (2017). Though this payment is commonly made on an a-ones-per-month basis, it can also be made in part within the work month, as permitted by the collective agreement.

Employment Termination

An employer or employee can terminate an employment contract, provided it’s done on legal grounds. Upon contract termination, the party initiating the process must notify the other party at least one month before the due date. Coming from the employer, he will be required to compensate the employee with an amount that is equivalent to his one month’s salary if the termination is because of liquidation or cut downs.

An employer is obligated to compensate the dismissed employee with an equivalent of 3 months’ salary if it is confirmed that he gave the employee false and misleading information about the conditions of employment and with an equivalent of one year’s salary if the termination was done without advance notice or legitimate reason(s). Employers must also pay the employee for unused annual vacations at his contract termination. Termination of the employment contract shall not be permitted during a period of temporary disability of the employee (including maternity leave) and leave.

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