Application to the Labour Inspectorate in Kazakhstan: how to file and what happens next

Most often, employees come with a question about an application to the Labour Inspectorate when their payments are delayed, no employment contract is concluded or they are refused the conditions they are entitled to. Employers come for a different reason: they have received a notice of inspection and want to understand how it will proceed and how it may end. What both cases have in common is the uncertainty of the procedure: where exactly to send the application, what counts as evidence and what timelines apply.

In this article you will learn how state control over compliance with labour legislation is structured, in which situations an application to the Labour Inspectorate is appropriate, and when a dispute is resolved through a conciliation commission or court. Below are the structure of the application, the list of attachments, the methods of filing, the review timelines and the procedure for inspecting the employer, as well as an analysis of a refusal and the differences between the inspectorate and the court.

Labour Inspectorate in Kazakhstan: where the application goes and who reviews it

State control over compliance with labour legislation is exercised by local labour inspection bodies — structures within local executive bodies. They check the employer's compliance with the requirements of the Labour Code and other regulatory acts on labour, establish a violation and oblige the employer to remedy it, rather than resolving a dispute between the parties.

The application is filed at the location of the employer, and if the enterprise, its branch or representative office is located in the territory of another administrative unit — at the place of actual activity. The application states the details of the employee and the employer, describes the circumstances of the violation and attaches supporting documents.

• Violation of the procedure for concluding an employment contract
• Failure to issue documents related to employment
• Non-compliance with working time and rest time
• Breach of occupational health and safety requirements
• Delay in payments due to the employee

When a complaint to the labour inspectorate is appropriate, and when the matter is resolved differently

The local labour inspection authority responds to violations of labour legislation of a public nature that do not require resolution of an individual legal dispute. An employee has the right to file a complaint when wages are delayed, when the employer refuses to conclude an employment contract, or when information about the employment contract is not entered into the Unified System of Accounting of Labour Contracts (USALC). The inspector conducts an inspection, issues an order to remedy the violation and holds those responsible administratively liable.

A complaint is appropriate in cases of violation of working time and rest time: overtime without consent and pay, work on weekends and public holidays, failure to grant leave, refusal of breaks. The inspectorate also responds to the failure to issue work-related documents: copies of orders, payslips, income and service record certificates. Violations of occupational health and safety and allowing an employee to work without instruction are inspected separately.

• delay or non-payment of wages, holiday pay, sick pay
• refusal to conclude an employment contract or absence of information about it in the USALC
• violation of working time and rest time
• failure to issue documents related to employment
• breach of occupational health and safety requirements and allowing work without instruction
• refusal to provide guarantees and compensations expressly provided for by law

How to draft a complaint to the labour inspectorate: structure and mandatory information

A complaint about a violation of labour rights is filed with the local labour inspection authority — these authorities monitor compliance with the labour legislation of the Republic of Kazakhstan. The addressee is the specific territorial division at the location of the employer. The document is drawn up in writing and registered, so the text must clearly state who is applying, to whom, and on what grounds. Anonymous complaints do not serve as a basis for an inspection.

Introductory part: details of the applicant (full name, IIN, address, contacts) and of the employer (name, BIN, legal address), information about the employment relationship (position, date of hire, details of the contract and order) — to identify the parties and request documents.

• name and address of the territorial labour inspection authority
• applicant's details: full name, IIN, address, contacts
• employer's details: name, BIN, legal address
• information about the employment relationship: position, date of hire, contract details
• description of the violation with dates, facts and references to documents
• the applicant's demands and a list of attached copies of documents

What to attach to a complaint to the labour inspectorate: list of evidence

Written evidence confirming the stated facts should be attached to the complaint to the labour inspectorate. The main document is the employment contract: it records the position, terms of payment, working hours and place of performance of duties. If the contract has not been preserved, a copy, supplementary agreements or the copy issued upon hiring will do.

Employer's orders strengthen the position in disputes about hiring, transfer, disciplinary action and dismissal. Payslips and bank statements showing salary transfers confirm the amount and frequency of payments. Working time records, shift and leave schedules show actual working hours, including overtime and work on weekends.

• employment contract and additional agreements to it
• orders on hiring, transfer, disciplinary sanctions and dismissal
• payslips and documents on payment of wages
• timesheets, shift schedules and leave schedules
• correspondence with the employer through work communication channels
• motion to summon witnesses or their written explanations

Ways to submit an application to the labour inspectorate: in person, through the portal or by post

There are three ways to apply to the local labour inspection authority: at a personal appointment, through the electronic services of state bodies, and by post. Each channel ensures that the application is registered.

When submitting in person, the application is drawn up in two copies: one remains with the employee, and on the second the receiving officer puts an acceptance stamp with an incoming number and date. An electronic application is sent through the e-government portal or the official website of the authority; after registration, the applicant receives a notification with the number and date in their personal account. A postal item is sent as a registered letter with acknowledgement of receipt and an inventory of the contents — the inventory confirms what was sent, and the acknowledgement records the date of delivery.

• personal appointment — application in two copies, acceptance stamp with date and incoming number;
• electronic service — notification of registration in the personal account with date and number;
• post — registered letter with acknowledgement of receipt and inventory of contents;
• copies of the application and supporting documents remain with the applicant;
• the registration notification and the inventory are kept until the inspection is completed.

All channels record the date of submission.

The inspectorate responds to facts, not emotions: the more specifically the violation is described and supported by a document, the more focused the inspection will be.

Timeframes for consideration of a complaint by the labour inspectorate and what happens after registration

After submission, the application is registered with the labour inspectorate: an incoming number is assigned and a notice of acceptance for consideration is sent to the applicant. Registration records the start date and determines the inspectorate's further actions.

The inspectorate verifies the stated facts: it examines the applicant's arguments and, where necessary, requests from the employer the employment contract, orders, working time records, payslips and reports. The employer is obliged to provide information and may not obstruct the inspection. On the basis of the results, it establishes whether a violation of labour legislation has occurred.

• registration of the complaint and assignment of an incoming number;
• notification of the applicant that the complaint has been accepted for consideration;
• verification of the facts and request for documents from the employer;
• assessment of the documents submitted and identification of violations;
• issuance of an order and administrative response measures;
• sending the applicant a reply on the results of consideration.

Inspection following a complaint to the labour inspectorate: how it is conducted at the employer

The inspection following an employee's complaint is conducted at the employer: the inspector examines HR documents, interviews the parties and records violations. On the basis of the results, a report is drawn up and an order to remedy the violations is issued.

It is important for the employee to set out the facts in the complaint: when and what happened, and which documents confirm this. During the inspection, explanations on the merits should be given and copies of the documents relating to the complaint should be handed to the inspector. The employer has the right to appeal the report and the order to a higher authority and then to court; an employee who disagrees with the reply may appeal it in the same manner.

Reply from the labour inspectorate: what decisions are taken and what to do if refused

Based on the results of the inspection, the labour inspectorate takes one of the following decisions: it issues the employer with an order to remedy the violations, holds those responsible administratively liable, or refuses to satisfy the complaint. A refusal is possible if the violation is not confirmed, if the matter is an individual labour dispute — which is considered by a conciliation commission or a court — or if the applicant has not attached documents supporting the arguments.

The inspectorate's reply should be read by its structure: the introductory part with the applicant's arguments, the established circumstances, references to the provisions of the Labour Code, and the final conclusion — an order, a decision or a refusal. The inspectorate may, by order, require the employer to pay overdue wages, but a dispute over the amount and compulsory recovery remain a matter for the court.

• read the operative part: the order, decision or refusal
• check which arguments the inspectorate found to be confirmed
• if it is an individual labour dispute — apply to a conciliation commission, and if there is none, to a court
• if the employer has a commission, the mandatory pre-trial procedure must be followed
• appeal the refusal to a higher authority, and then to a court: a pre-trial appeal under the Administrative Procedural Code of the Republic of Kazakhstan is mandatory
• attach new evidence when applying again

Labour inspectorate and court: how these routes of protection differ

The inspectorate acts in an administrative manner: it does not resolve a dispute over a right, but records the violation and requires it to be remedied — issue documents, provide protective equipment, formalise the employment relationship.

A court considers a dispute over a subjective right when the parties disagree on the application of the law. Only a court recovers unpaid amounts, reinstates at work, declares a contract term invalid, and changes the wording of the ground for dismissal. The inspectorate has no such powers: it can require a violation to be remedied, but it does not resolve a dispute over a right and does not cancel orders.

• Labour inspectorate: administrative inspection, order to remedy the violation, monitoring of compliance.
• Court: dispute over a right, recovery of amounts, reinstatement at work, declaration of terms as invalid.
• To the inspectorate — when the violation is ongoing and not disputed, and a document recording the violation is needed.
• To a court — when the claim is monetary, relates to dismissal or to a change of wording.
• Combined route: the inspectorate records the violation, the court resolves the dispute on the merits.
• Limitation periods in labour disputes mean that preparation of the claim should not be delayed.

The inspection and the court do not replace each other: the former eliminates the violation through administrative procedure, the latter resolves the dispute over the right.

For the employer: an application to the labour inspectorate as grounds for an inspection

For an employer in Almaty, an employee's application to the labour inspectorate is a signal of an internal conflict that was not resolved on the spot. The grounds are delayed wages, refusal of leave, unrecorded overtime, incorrect execution of the employment contract, disciplinary sanctions without an explanation from the employee. The inspectorate responds to documents, and the outcome of the inspection is determined by what the employer managed to put in writing.

The course of action is built before the inspectorate's request. The chronology for the employee is reconstructed: orders, timesheets, payslips, internal memos, written explanations, acts. If a conciliation commission exists, a labour dispute on unresolved issues cannot be referred straight to court: applying to the commission is mandatory. This reduces the risk of an order, as some of the claims are resolved internally.

• The employment contract and additional agreements for the employee in question
• Orders on hiring, transfers, disciplinary sanctions and dismissal
• Working time sheets and shift schedules
• Payslips and payment documents
• Local acts: internal labour regulations, remuneration and bonus policies
• The register of applications and decisions of the conciliation commission, if one has been established

Labour inspectorate: a lawyer's consultation before applying and during the inspection

An application to the labour inspectorate may become grounds for an unscheduled inspection: incorrect classification of the violation or gaps in the facts allow the employer to challenge the act. A consultation with a labour law lawyer before filing the application helps build the position.

Gathering evidence is the most vulnerable part. The inspector assesses only what is confirmed by documents: orders, timesheets, correspondence, payslips. A specialist will advise which documents the employee is entitled to request, how to record a refusal and in what form to attach the materials to the application.