InfoHub Logo

Kazakhstan's Constitutional Court has recommended a review of specific provisions within the Labor Code concerning wage disputes. This move is seen as a significant step towards better protecting citizens' labor rights.

The One-Year Limit in Labor Disputes

The issue came to light following a complaint from a former employee of the Pavlodar River Port. After his dismissal, the individual sought payment for overtime worked between January 2021 and April 2024 from his former employer. However, the courts only approved the claim for the past year, citing the one-year statute of limitations for labor disputes, and rejected the remainder.

The employee argued that this one-year limit was inconsistent with the three-year statute of limitations applicable in civil cases and unfairly restricted his right to receive earned wages.

Constitutional Court's Decision

Upon reviewing the contested provision, the Constitutional Court determined that Article 160 of the Labor Code, as interpreted, does not impede citizens' rights. The Court clarified that the one-year limit for labor disputes does not restrict an employee's right to claim wages and other labor-related payments, including compensation for overtime. Such claims can still be pursued within the three-year statute of limitations framework of the Civil Code.

Furthermore, the Constitutional Court has proposed that the government initiate legislative amendments to the Labor Code within one year from the publication of this ruling.

This development follows a separate legal change on June 3rd, when President Kassym-Jomart Tokayev signed a law obligating employers to ensure their employees undergo medical screenings.

Бұл туралы Infohub.kz ақпарат агенттігі хабарлайды.