Kazakhstan: employers cannot fine workers for lateness, Labour Ministry says

Kazakhstan's Ministry of Labour and Social Protection has said employers cannot impose monetary fines for lateness, mistakes or other violations, and cannot deduct such amounts from wages. Citing Article 64 of the Labour Code, the ministry said employers may apply only one of four disciplinary measures: a remark, a reprimand, a strict reprimand, or termination of the employment contract. As an example, it said an employer may not fine a worker 10,000 tenge for arriving 20 minutes late and withhold that sum from pay.

Before any disciplinary action, the employer must request a written explanation from the employee. The choice of measure must take into account the nature and severity of the violation and the circumstances in which it occurred. The ministry also distinguished lawful wage deductions under Article 115 of the Labour Code from illegal fines.

The law allows deductions in specified cases, and in others only with the employee's written consent. These include recovering unearned advances, overpayments caused by calculation errors, unspent business-trip advances, damage not exceeding average monthly pay, and repayment for unworked vacation days when an employee is recalled from paid leave. The ministry stressed that a monetary fine for breaching labour discipline and a lawful wage deduction are different concepts.