Timely and full payment of wages is one of an employer’s core obligations and an important guarantee of employees’ labour rights.
Under Article 113 of the Labour Code of the Republic of Kazakhstan, wages must be paid at least once a month and no later than the first ten days of the following month. The specific payment date is set by the employment or collective agreement. If the payment date falls on a weekend or public holiday, wages must be paid on the preceding working day.
What should you do if your wages are delayed?
First, the employee can contact the employer, clarify the reasons for the delay and demand repayment of the arrears.
If the issue is not resolved, the employee has the right to apply to the territorial Department of the Committee of State Labour Inspection of the Ministry of Labour and Social Protection of the Population of the Republic of Kazakhstan at the employer’s location. An application can also be submitted electronically via the eOtinish system.
It is recommended to attach any available documents confirming the employment relationship and the wage arrears, such as the employment contract, pay slips, bank statements, orders and other supporting materials.
What happens after the application is submitted?
Where there are grounds, state labour inspectors carry out inspections in accordance with the procedure established by law.
If the arrears are confirmed, the employer receives a binding order to remedy the violation, including paying off the wage arrears. Compliance with the order is monitored by state labour inspectors.
In addition, the employer is obliged to pay the employee not only the wage arrears but also a penalty for each calendar day of delay. The penalty is calculated at 1.25 times the base rate of the National Bank of the Republic of Kazakhstan in effect on the day the wage payment obligation is fulfilled.
What liability does the employer bear?
Article 87 of the Code of the Republic of Kazakhstan on Administrative Offences establishes administrative liability for failure to pay wages in full and on time, as well as for failure to accrue and pay the penalty through the employer’s fault.
The fine amounts to:
- for officials – 30 MCI;
- for small businesses or non-profit organisations – 60 MCI;
- for medium-sized businesses – 100 MCI;
- for large businesses – 150 MCI.
Please note that a delay in wage payment is a violation of an employee’s labour rights. If the employer fails to pay wages on time, the employee has the right to apply to the state labour inspection authorities to have the measures provided for by law taken and their rights restored.
