According to the labor legislation of the Republic of Kazakhstan, an employer has the right to require employees to observe labor discipline, internal labor regulations, and properly perform their duties. However, monetary fines for being late to work, making mistakes on the job, or other disciplinary violations are not provided for by law, the Ministry of Labor stated. This was reported by Qazaqyia.kz citing Sputnik Kazakhstan.

Types of disciplinary penalties

According to Article 64 of the Labor Code of the Republic of Kazakhstan, if an employee violates labor discipline, the employer may apply the following disciplinary penalties:

  • 01a warning;
  • 02a reprimand;
  • 03a severe reprimand;
  • 04termination of the employment contract on the grounds provided for by the Labor Code of the Republic of Kazakhstan.

The application of other disciplinary penalties not provided for by the Labor Code and the laws of the Republic of Kazakhstan is not allowed. For example, if an employee is 20 minutes late to work, the employer cannot independently impose a fine of 10,000 tenge on them and deduct this amount from their salary.

Procedure for applying penalties

If there are legal grounds, the employer may apply one of the disciplinary penalties provided for by law, observing the established procedure. At the same time, a disciplinary penalty is not imposed at the employer's discretion. Before applying a penalty, the employer must request a written explanation from the employee. When deciding which penalty to apply, the nature and severity of the violation committed, as well as the circumstances in which it occurred, must be taken into account.

Difference between a fine and salary deduction

At the same time, it is necessary to distinguish between an illegal monetary fine and the procedure for deductions from wages provided for by law. Article 115 of the Labor Code of the Republic of Kazakhstan clearly specifies in which cases deductions from an employee's wages may be made. In certain other cases, such deductions are made only with the employee's written consent. That is, a monetary fine for violating labor discipline and a legally based deduction from wages are two different concepts.

An employer cannot replace disciplinary penalties established by law with a monetary fine. The Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan reminds that compliance with labor legislation is mandatory for both employers and employees. In the event of a violation of labor discipline, the employer must apply only the measures provided for by law and implement them in the established procedure.