The law allows you to conclude an employment contract for an indefinite period or with an indication of the period of its validity. A fixed-term employment contract has its own characteristics.
FOR HOW LONG CAN AN EMPLOYMENT CONTRACT BE CONCLUDED?
The law establishes that a certain period for which an agreement is concluded cannot be less than one year (subparagraph 2) of paragraph 1 of Article 29 of the Labor Code of the Republic of Kazakhstan).
Exceptions:
- Employment contracts concluded for the period of performance of certain work, for the period of replacement of a temporarily absent employee, for the period of performance of seasonal work may be concluded for a period shorter than 1 year.
- Small business entities may enter into employment contracts with employees for a specified period without the above restrictions.
The law does not limit the maximum term of an employment contract.
HOW TO ARRANGE AN EMPLOYMENT RELATIONSHIP FOR A CERTAIN PERIOD
In the employment contract of the hired employee, in the clause “term of the contract”, it is indicated that the contract is concluded for a certain period.
For example:
4. Contract term:4.1. This agreement is concluded for a period from 01.02.2011 to 01.02.2012TERMINATION OF THE EMPLOYMENT CONTRACT AT THE END OF THE TERM
An employment contract concluded for a fixed period is terminated in accordance with Article 53 of the Labor Code due to the expiration of its term. The expiration date of the employment contract concluded for a fixed period is the last day of work of the employee according to the period stipulated by the employment contract.
According to Article 62 of the Labor Code, on the last day of work, the employer must issue an order to terminate the employment contract, indicating the grounds and date of termination of the contract. A copy of the order is handed to the employee or sent to him by letter with notification within three days.
CONTINUATION OF WORK AFTER THE EXPIRATION OF THE CONTRACT
Upon the expiration of the term of the employment contract, it will be considered terminated, except for the following cases:
- when, by mutual agreement of the parties, the contract is concluded for a new term;
- if at the expiration of the term of this agreement neither of the parties demanded its termination.
If after the expiration of the term of the employment contract, the employment relationship actually continues and none of the parties demanded their termination (the employer did not issue and hand over the order to the employee, the employee continues to work with the knowledge of the employer, he is paid wages), then the effect of the contract in accordance with clause 5 Article 53 of the Labor Code is considered extended indefinitely.
IS IT POSSIBLE TO PERIODICALLY RENEW EMPLOYMENT CONTRACTS FOR A NEW TERM?
Many organizations, trying to circumvent the law, issue an act on its termination after the expiration of the employment contract. And if the accepted employee meets the requirements of the employer, they conclude a new employment contract with him for a certain period. However, it should be noted that labor legislation establishes a ban on the conclusion of employment contracts for a fixed period in order to evade the provision of guarantees and compensation provided for employees with whom an employment contract is concluded for an indefinite period. Therefore, if the inspection bodies or the court establish that by doing so the employer tried to evade his duties (compensation, etc.), then he faces administrative liability (parts 1, 2 of article 87 of the Code of Administrative Offenses of the Republic of Kazakhstan). In addition, in the event of a repeated conclusion of an employment contract with an employee,