Dear Sirs,
Having considered your request the Kazakhstan Ministry of Labour and Social Protection would like to inform you about the following:
Article 54.1 of the Kazakhstan Labour Code (the “Code”) does not allow for termination of an employment contract at the discretion of the employer while the employee is temporarily disabled or on vacation, unless otherwise provided by subparagraphs 1), 18), 20) and 23) of Article 52.1 of the Code.
Therefore, an employment contract with an employee being on unpaid parental leave to care for a child under three years of age may be terminated on other grounds.
According to Article 50.2 of the Code, the party willing to terminate the employment contract by mutual consent of the parties shall serve the relevant notice on the other party to the employment contract.
Upon receipt of such notice, the other party shall, within three business days, notify the first party of their decision.
However, if an employee agrees, an employment contract may provide for the employer’s right to terminate the employment contract in disregard of the provisions of Article 50.2 of the Code, in which case the employer shall pay to the employee a severance allowance the amount of which is determined by the employment contract.
The term ‘employment contract’ means a written agreement between an employer and an employee.
Therefore, when an employment contract provides for the employer’s right to terminate an employment contract in disregard of the provisions of Article 50.2 of the Code, such termination shall not require a specific consent of the employee.
Hence, the employer may terminate an employment contract with an employee while the employee is on unpaid parental leave to care for a child under three years of age either at the discretion of such employee or by mutual consent of the parties.
Sincerely yours,
N. Tleuov
Director
Labour and Social Partnership Department