Probationary periods and performance management via EOR in Kazakhstan: Legal framework
- Natia Gabarashvili
- 15 hours ago
- 10 min read
Table of contents:
TL;DR
Kazakhstan has one of the most structured probation frameworks in Central Asia.
Standard probation is 3 months, extendable to 6 months only for managerial roles.
Probation must be written, bilingual, and justified by job duties.
Employees retain full rights: salary, leave, social contributions, pension, and protections from discrimination.
Termination during probation requires:
written notice
documented performance issues
full settlement
proper deregistration
Team Up, as an Employer of Record service provider in Kazakhstan, manages probation, performance reviews, terminations, and compliance filings, so global teams can hire in Kazakhstan without ever touching local labor bureaucracy.
Introduction
Hiring in Kazakhstan feels simple on the surface.
But once you enter the Labor Code, everything becomes structured, rule-based, and documentation-heavy.
Under the EOR probationary period law in Kazakhstan, probation isn’t a “test drive” or a flexible HR policy; it’s a legally defined period governed by strict standards.
Most foreign employers underestimate this.
Kazakhstan’s employment system has Soviet-era roots, modernized regulations, and a strong culture of written evidence. Contracts must be bilingual. Probation has clear limits. Performance decisions must be tied to actual job duties. And inspectors can, and do, request documentation during disputes.
This is exactly where an Employer of Record becomes essential.
Team Up handles the entire compliance chain: contract drafting, bilingual formatting, employee registration, probation structuring, performance documentation, and legally clean terminations.
Let’s unpack Kazakhstan’s actual rules, not the assumptions global HR teams bring in.
What is probation period under the Kazakhstan labor law
The probation period in Kazakhstan is defined by the Kazakhstan Labor Code, one of the clearest in the region.
Here, probation is contractual, structured, and treated as part of formal employment, not an informal evaluation phase.
1. Standard probation period: 3 months
For most employees in Kazakhstan, probation lasts up to 3 calendar months. This is the default and the norm across:
local tech firms
logistics and transport companies
oil and gas support services
professional services companies
Probation automatically counts toward total employment duration.
2. Extended probation: 6 months for specific roles
Kazakhstan allows a 6-month probation period, but only for:
managerial roles
financial accountability positions
high-trust or regulatory-sensitive roles (common in banks, energy, and telcos)
This must be:
justified by job duties,
explicitly written into the contract,
formatted correctly in all language versions.
Kazakh courts take job classification seriously.
If an employer labels a mid-level specialist as “management” just to impose 6 months of probation, the clause becomes invalid.
3. No probation for protected groups
Under the Labor Code, probation is not allowed for:
pregnant women
employees under 18
fixed-term contracts of under 2 months
seasonal workers
If probation is included anyway, inspectors ignore it and treat the employee as hired without probation.
4. Kazakhstan’s HR culture expects structure
Kazakh employers typically:
Set clear KPIs during onboarding
Schedule formal monthly reviews
Emphasize punctuality, written communication, and task accuracy
document everything in writing (emails, memos, reports)
This is rooted in local business culture:
If it isn’t written, it didn’t happen.
5. Missing a probation clause? The employee becomes permanent
Kazakhstan works on written law, not assumptions.
If the probation section is:
missing,
vague, or
mistranslated between Kazakh/Russian/English,
The employee is legally treated as confirmed from the first day.
Team Up, your EOR provider in Kazakhstan, ensures the clause is written, translated accurately, and formatted in all required language versions, preventing disputes months later.
Why probation matters when hiring through an EOR in Kazakhstan
Kazakhstan’s employment system is built on documentation, not interpretation.
This becomes especially important during probation, which influences:
how performance must be tracked,
how terminations must be justified,
how notice periods work,
and how employee classifications are evaluated.
Why EOR is the safer model in Kazakhstan
Kazakhstan requires:
bilingual contracts (Kazakh + Russian; English optional but useful),
exact probation durations aligned with the role level,
accurate job descriptions tied to legal classification,
timely registration with the State Social Insurance Fund and Unified Social Tax system,
legally compliant termination procedures.
Foreign employers rarely get these right on the first try.
Kazakhstan doesn’t operate on “global best practices.”
It follows the Labor Code word-for-word.
What Team Up handles
Draft bilingual contracts that reflect Kazakh norms, not foreign assumptions
Ensures probation is valid for the employee category
Registers employees correctly with tax and pension authorities
Structures written performance expectations
Localizes documentation to Kazakh HR standards
Stores performance evidence within Kazakhstan’s jurisdiction
Protects employers from disputes driven by mistranslation or incomplete documentation
This is why Kazakhstan is not a “DIY payroll market.” If you misfile something, misclassify a role, or mishandle termination, you face a compliance risk that can escalate quickly.
Structuring a legally compliant probation period via EOR
Kazakhstan doesn’t leave probation to interpretation.
Every detail must be documented and consistent across all language versions.
Here’s how Team Up structures probation to meet Kazakhstan’s expectations.
1. The probation clause must be written
It must be part of the contract, not HR policy or onboarding documentation.
Kazakhstan treats only the signed contract as legal.
2. Legally valid duration
Up to 3 months for most employees
Up to 6 months for managerial roles
0 months for prohibited groups
Employer of Record compliance in Kazakhstan matters. If the wrong duration is assigned, the clause is void.
3. Job function–aligned expectations
Kazakh inspectors often check:
whether job duties match the classification,
whether KPIs align with the role,
whether extended probation is justified by the responsibility level.
Team Up includes clear KPIs rooted in local job norms:
accuracy and attention to detail (critical in Kazakh financial roles)
responsiveness (valued in service sectors)
compliance with internal procedures (important in regulated industries)
4. Bilingual contract versions
Kazakhstan usually requires:
Kazakh
Russian
English (for clarity in cross-border teams)
All three versions must match legally. A mistranslated probation clause is one of the most common reasons employers lose disputes.
Team Up ensures alignment, so no clause becomes invalid due to translation errors.
5. Proper registration with authorities
Probation does not delay:
social contributions
pension deductions
compulsory insurance obligations
tax filings
Team Up registers employees with the Unified Accumulative Pension Fund (UAPF) and State Social Insurance Fund immediately.
6. Documentation beyond the contract
Kazakhstan expects:
onboarding documents
written KPIs
probation tracking notes
We generate and maintain these as part of your compliance file.
Direct Hiring vs EOR in Kazakhstan: What Actually Changes
Compliance Requirement | Direct Employer | Team Up EOR |
Bilingual contract drafting | High risk of mistranslation | Fully managed |
Valid probation clauses | Employers must understand the Labor Code | Pre-structured, legally sound |
Registration with authorities | Must manage UAPF + SSIF + tax | Done automatically |
Performance documentation | Must build local HR processes | Templates + reminders + storage |
Termination compliance | High dispute risk | Fully guided, low liability |
Role-based probation rules | Easy to misclassify | Legally mapped by Team Up |
Local HR presence | Needed | Not required |
Performance management during the probationary period
Kazakhstan doesn’t accept “gut feeling” terminations. Probation is only meaningful if performance is documented, measurable, and tied to real job responsibilities.
1. Kazakhstan expects a structured performance evaluation
Most local employers follow a documentation-driven approach:
written KPIs
monthly check-ins
mid-probation review
final evaluation before confirmation
These aren’t “best practices”, they’re what prevent disputes.
2. Written feedback is essential
Kazakh courts often ask:
What expectations were communicated?
Did the employee get feedback?
Was performance measured objectively?
Are the records valid and timestamped?
If you cannot answer these questions with documents, not emails, you lose ground fast.
3. Team Up handles performance tracking
Our Employer of Record in Kazakhstan includes:
KPI documents aligned with Kazakh job standards
Monthly reminders for performance reviews
Bilingual review templates
Secure local storage of all records
Guidance for foreign managers on Kazakh HR expectations
Kazakhstan is not a place where “verbal conversations” are enough. Documentation is your compliance shield.
Termination during or after the probation period in Kazakhstan
Termination is where Kazakhstan becomes uncompromising. The Labor Code expects every employer, local or foreign, to handle probationary termination with structure, proof, and proper documentation. If you can’t show why the employee wasn’t confirmed, the termination becomes risky.
1. Written notice is mandatory
Even during probation, you must issue a written termination notice. Kazakhstan doesn’t accept verbal communication or WhatsApp screenshots.
The notice must include:
the legal basis
the probation clause
documented performance shortfalls
the termination date
Team Up drafts this for you in proper Kazakh/Russian legal formatting.
2. Performance evidence determines whether termination is defensible
If performance was never documented, termination looks arbitrary, and Kazakh inspectors are not friendly to arbitrary decisions.
Acceptable evidence includes:
KPI scorecards
monthly check-in notes
documented coaching attempts
email trails summarizing feedback
This is why we track all probation activity from day one.
3. Final payroll and contributions must be settled immediately
Kazakhstan requires employers to close:
salary payments
unused leave
taxes
social fund payments
pension contributions
This must be done promptly, and proof must be stored.
4. Government deregistration
The employee must be removed from:
The State Social Insurance Fund
the Unified Accumulative Pension Fund
the tax system
Team Up completes this automatically.
Employee rights during probation in Kazakhstan
Probation affects flexibility, not rights.
Under the Kazakhstan labor law, probationary employees receive the same statutory protections as confirmed employees.
1. Full salary from day one
Kazakhstan doesn’t allow “reduced probationary pay.”
2. Social contributions and pension (UAPF)
The employer must pay:
compulsory pension contributions
social tax
social insurance contributions
Probation does not delay or reduce these.
3. Paid leave accrual
Paid annual leave accrues from the start of employment. Kazakhstan does not treat probationary employees differently.
4. Paid national holidays
If it’s a public holiday, probationary employees must be paid.
5. Anti-discrimination protections
All employees, including probationers, are protected from discrimination based on:
gender
nationality
disability
pregnancy
ethnicity
union activity
Kazakhstan is strict on this, especially in disputes.
6. Protection for prohibited categories
As stated earlier, probation cannot be applied to:
pregnant women
minors
short-term/seasonal workers
Any probation mistakenly included is void.
Common mistakes foreign employers make in Kazakhstan
Hiring in Kazakhstan is not difficult, unless you apply foreign HR assumptions. Here are the issues that consistently cause compliance problems.
1. English-only contracts
Kazakh courts don’t accept English-only agreements. A Russian version is standard. Kazakh is increasingly required as well.
2. Using the wrong probation duration
Foreign employers often set:
6 months for non-managerial staff
probation for protected groups
Both make the clause invalid.
3. No written KPIs
Kazakhstan expects KPIs to be defined and documented. Without them, termination is weak.
4. No written performance reviews
Verbal feedback doesn’t count. Kazakhstan’s legal system expects written evidence.
5. Misclassification of employees
Foreign companies often classify staff as contractors. Kazakhstan audits this aggressively, especially for remote roles.
6. Late registration with social authorities
Kazakhstan wants compliance from day one. A late registration can trigger penalties.
Team Up removes all these risks. Every hire is onboarded, documented, classified, and registered according to Kazakhstan’s real legal requirements.
Transitioning from probation to full-time employment
Once probation ends, Kazakhstan expects a clear decision.
1. Confirmation
If the employee passes probation:
they continue employment automatically
Team Up issues a confirmation letter
Payroll updates are applied
benefits and allowances (if any) activate
2. Documentation updates
Team Up’s Employer of Record services in Kazakhstan updates:
contract status
personal employment file
digital HR records
government systems
The employee’s status becomes “permanent” with no gap in service.
3. What employers need to do
Just approve the confirmation. We handle everything else.
Scaling performance management beyond probation
After probation, Kazakhstan expects employers to maintain documentation for:
performance reviews
promotion decisions
pay increases
disciplinary actions
This is part of Kazakhstan’s documentation-first labor culture.
How Team Up supports this long-term
annual and quarterly review templates
legal formatting for Kazakhstan
secure document storage
guidance on documenting performance problems
Manager coaching for foreign teams
compliance monitoring
This ensures your performance system stays audit-ready year-round.
Final Takeaways
Here’s what matters most in Kazakhstan:
Probation must be written into the contract, if it’s missing, it doesn’t exist.
Standard probation: 3 months.
Managerial/financial roles: up to 6 months with justification.
Protected groups cannot be placed on probation.
Probationary employees have full rights.
Termination requires written notice and documented performance issues.
Kazakhstan expects structured KPIs, consistent reviews, and bilingual documentation.
Team Up handles all of this, contracts, registration, monthly reviews, documentation, and compliant termination procedures.
Hiring in Kazakhstan is straightforward when the paperwork is done right. That’s what Team Up guarantees.
Frequently asked questions (Kazakhstan)
1. What is the probationary period in Kazakhstan under the Labor Code?
The probationary period in Kazakhstan is a legally defined evaluation phase of up to 3 months (or 6 months for managerial roles), written directly into the employment contract. If the probation clause is missing, the employee is considered hired without probation under Kazakhstan labor law.
2. How long is the probation period allowed in Kazakhstan?
Kazakhstan allows a 3-month probation period for most employees and 6 months for management or financial-responsibility roles. Any duration longer than this is not valid under the Kazakhstan Labor Code probation period rules.
3. Is a probationary period required for all employees in Kazakhstan?
No. Probation is optional, but if used, it must be included in the employment contract. If it’s not written, the employee is considered confirmed from the first day.
4. Who cannot be placed on a probation period in Kazakhstan?
Kazakhstan prohibits probation for:
pregnant employees
minors
seasonal workers
fixed-term contracts shorter than two months This is strictly regulated by probation period labor code Kazakhstan requirements.
5. Do probationary employees have full rights in Kazakhstan?
Yes. Employees on probation receive:
full salary
paid annual leave accrual
paid public holidays
pension contributions (UAPF)
social insurance
anti-discrimination protections Kazakhstan does not reduce rights during the probation period.
6. Can you terminate an employee during probation in Kazakhstan?
Yes — but termination must follow legal procedure. Employers must provide:
written notice
documented performance issues
full settlement of payroll and social contributions Under probation period law in Kazakhstan, a termination with no documentation is considered weak and dispute-prone.
7. How does performance management work during the probation period in Kazakhstan?
Kazakhstan expects structured evaluation. Employers must set clear KPIs, provide written monthly feedback, and document all performance discussions. This documentation becomes critical if termination occurs during the probationary phase.
8. Why do foreign employers use an Employer of Record (EOR) in Kazakhstan for probation management?
Because Kazakhstan requires:
bilingual employment contracts
accurate job classification
proper registration with tax/social authorities
documented performance reviews
compliant termination procedures
An Employer of Record in Kazakhstan ensures the probation period and performance management are legally aligned from day one.
9. How does an EOR support performance reviews during probation in Kazakhstan?
An EOR like Team Up manages:
KPI frameworks
monthly review reminders
structured evaluation templates
local document storage
compliance checks for termination
EOR platforms are built to meet EOR compliance Kazakhstan standards.
10. What happens after the probation period ends in Kazakhstan?
If the employee passes probation, they become full-time automatically. The employer (or EOR) must issue a confirmation letter and update payroll, pension contributions, and HR records. This is standard under the Kazakhstan Labor Code probation period framework.
