Who cannot be simply fired in Kazakhstan

Tengrinews.kz — Workers of pre-retirement age in Kazakhstan may be subject to layoffs; however, special protections are in place for those with less than two years until retirement. Yerlan Ismagulov, head of the State Labor Inspection Committee of the Ministry of Labor and Social Protection, discussed the matter during a briefing in Astana.
According to Ismagulov, the dismissal of pre-retirement age workers due to staff reductions remains a common issue. However, age itself does not provide absolute protection against redundancy.

"The mere fact that an employee is of pre-retirement age does not mean there is an absolute ban on layoffs. However, the employer is obliged to strictly follow the procedure provided for by the Labor Code," he explained.

A special guarantee is provided for those who have less than two years left.

"Termination of an employment contract due to a reduction in headcount or staff, or due to an employee's unsuitability for the position or work performed because of insufficient qualifications, is not permitted without a positive decision from a commission composed of an equal number of employer and employee representatives," Ismagulov said.

The department head reminded that Article 6 of the Labor Code prohibits discrimination in the workplace based on age. Age itself cannot be a reason for an employer to deem a person incapable of performing their duties.

"Pre-retirement age should not be equated with retirement age. The mere approach of retirement age does not give an employer the right to terminate an employment contract," he stated.

If an employee believes their dismissal was illegal or has encountered other labor rights violations, they may submit a written application to the state labor inspectorate.
Work and Age
We previously reported on Kazakhstanis facing challenges in their job search after the age of 40. HR experts noted that employers have practically ceased openly stating age restrictions in job postings; however, an unspoken filter may still be applied during resume screening or the interview invitation stage.
Experts note that Article 53 of the Labor Code provides special protection for employees with less than two years left until retirement: a positive decision from a special commission is required for any redundancy.
Furthermore, reaching retirement age does not in itself mean a person must stop working. The Ministry of Labor previously clarified that employment contracts with retirees can be extended annually without limit, provided the employee maintains their working capacity and necessary qualifications.