I Was Fired — What Are My Constitutional Rights

The Constitution guarantees the right to work and protection against unemployment. If dismissed unlawfully, you can turn to the court, the labour inspectorate, or the ombudsman. The new Constitution strengthens social guarantees and prohibits discrimination.

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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.

Key facts

  • The Constitution guarantees the right to work and protection against unemployment
  • Discriminatory dismissal violates constitutional rights
  • Deadline for filing a claim: 1 month from receipt of the dismissal order
  • Turn to: labour inspectorate, court, or ombudsman
  • The court may reinstate you and award compensation
Related questions

How the Constitution Protects the Right to Education and Health

Free secondary education is compulsory for all. The Guaranteed Volume of Free Medical Care (GVFMC) is provided free of charge. The 2026 Constitution adds: the secular character of education becomes a constitutional norm (religious propaganda in schools is unconstitutional); and environmental protection and health are linked at the constitutional level.

When the New Constitution Enters Into Force

1 July 2026 – following the referendum of 15 March 2026, at which citizens voted 'Yes'. Until then, the 1995 Constitution remained in force. The transitional period (16 March – 30 June): all institutions continue operating, constitutional laws are drafted, and elections to the Kurultai are prepared.

How the Relationship Between International Treaties and National Laws Will Change

Previously, ratified international treaties took precedence over Kazakhstan's laws. In future, treaties and laws will be on the same level, with the Constitution above everything. Kazakhstan is not leaving international organisations, but the automatic priority of external norms over domestic law is removed. The same approach is used by the US, UK, and Russia (since 2020).

What the New Constitution Changes for an Ordinary Person

Constitutional change does not usually transform daily life overnight, but it can significantly affect how rights are protected, how public authority is exercised, how local participation works, and how the state interacts with citizens over time.