Part-Time Work Convention, 1994 (No. 175) - Kazakhstan (Ratification: 2022)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee takes note of the Government’s first report.

Article 3 of the Convention. Scope of application. The Committee notes that, pursuant to its sections 1(43) and 8(2), the Labour Code is only applicable to workers with an employment contract and that, consequently, workers that perform part-time work without an employment contract would not benefit from the protection accorded to part-time workers with an employment contact, provided for in the Labour Code. The Committee recalls that the Convention applies to all part-time workers independently from their contractual situation; in case of wholly or partial exclusion of particular categories of workers or of establishments, consultations with representative organizations of employers and workers concerned shall be held, and the Government reports should indicate these exclusions together with the reasons that justify them. The Committee observes that no exclusions are mentioned in the Government’s report. The Committee requests the Government to indicate in which manner it is ensured that all part-time workers with or without an employment contract, including migrant workers working in the informal economy, are protected by the provisions of the Convention.

Article 9. Measures adopted to facilitate access to productive and freely chosen part-time work. The Committee notes that the Labour Code sets out provisions on facilitating access to part-time work for specific groups of workers, including for workers with family responsibilities (Section 70(3)) and workers undergoing education or training (section 118(5) in accordance with Article 9(1) and (2)(c). The Committee requests the Government to indicate any provisions giving effect to Article 9(2)(a), (2)(b) and (3) and provide information on the latest programmes on the promotion of part-time employment, if any.

Article 10. Voluntary transfer from full-time to part-time work or vice versa. The Committee notes that: (i) section 70(1) of the Labour Code states that part-time work may be established for an employee in the course of employment by written agreement between the employee and employer; and (ii) section 70(3) of the Code provides that the employer shall allow a pregnant woman or one of the parents or adoptive parents of children aged under three years to work part-time at their written request. At the same time, the Committee notes that section 46(3) gives the employer the right to introduce part-time work to save jobs in the event that there is a reorganization or changes in economic, technological conditions, labour organization conditions or changes in the organization of production due to the reduction of the employer's workload. The Committee observes that this provision does not require for employee consent which could mean that full-time employees may be moved to part-time positions without their voluntary agreement. The Committee recalls that Article 10 of the Convention requires that where appropriate, measures shall be taken to ensure that transfer from full-time to part-time work or vice versa is voluntary, in accordance with national law and practice. The Committee requests the Government to clarify how section 46(3) of the Labour Code is used in practice, including whether it is ensured that the transfer to part-time work is voluntary.