New hiring rules have taken effect in Kazakhstan: employers are now required to explain the reasons for rejecting certain categories of job applicants. This is reported by infohub.kz.
Under amendments to the Labor Code that came into force in August, applicants who are rejected have the right to demand a written explanation of the decision. As noted, a rejection does not always mean the employer has broken the law, but for certain categories of candidates a new safeguard has been introduced — the ability to find out the true reason for the rejection.
The right to request a written rejection has been granted to pregnant women, parents of children under three, minors, and applicants with disabilities. Lawyer Sergey Utkin explained: "If a person is not even told any reason, but is simply rejected for one of these four categories, they can demand in writing that the reason for the rejection be communicated to them. And if that reason turns out to be the fact that they have a child, are pregnant, are a minor, or have a disability, then it can all be challenged in court."
The Ministry of Labor and Social Protection of the Population emphasizes that the employer's motive matters. If a rejection is tied to objective requirements for the position, experience, and qualifications, it may be deemed justified. However, a candidate's personal circumstances must not become grounds for discrimination. Yerbolat Abulkhatin, director of the Department of Labor and Social Partnership at the Ministry of Labor and Social Protection of the Population of Kazakhstan, said: "An employer may issue a written rejection specifically when there are convincing grounds. If the person meets the qualification requirements and is suitable in terms of health, there should be no restrictions or discrimination in hiring."
Kazakh recruiters, for their part, believe the new rules could affect communication between employers and candidates as early as the job-search stage. Marketing and PR manager Mukhamed Bagdatuly noted: "I think they will have a positive effect on both employers and applicants, because when an employer is open and states clear reasons for a rejection, that is still a plus for the applicant. Going forward, they will apply specifically for positions that fully suit them. And overall, the labor market is now becoming more transparent."