What the Constitution Guarantees
The Constitution of Kazakhstan directly enshrines your right to work. This means:
- Freedom of labour. No one may compel you to work or deprive you of the right to work without lawful grounds.
- Protection against unemployment. The state is obliged to create conditions for employment and to support citizens who have lost their jobs.
- Prohibition of discrimination. Dismissal on grounds of sex, race, ethnicity, age, religion, political beliefs, or social origin violates constitutional rights.
- Right to fair remuneration. The Constitution guarantees pay no lower than the legally established minimum.
- Right to social protection. If you lose your job, you are entitled to unemployment benefit and assistance in finding new employment.
What to Do if Dismissed Unlawfully
Step 1. Obtain the dismissal order The employer is obliged to provide you with a written dismissal order stating the grounds. Keep all documents.
Step 2. Assess legality The Labour Code contains a closed list of grounds for dismissal. If you were dismissed without a lawful ground — this is unlawful dismissal.
Step 3. Where to turn
- State Labour Inspectorate — file a complaint within 10 working days. The inspectorate can oblige the employer to reinstate you.
- Court — a claim for unlawful dismissal must be filed within 1 month of receiving the order. The court may reinstate you and award compensation for forced absence from work.
- Human Rights Ombudsman — if the violation is discriminatory in nature.
- Trade union — if you are a union member, it is obliged to defend your interests.