Harassment in Kazakhstani workplaces will face penalties: detailed information disclosed.
In a groundbreaking move, Kazakhstan might soon crack down on workplace sexual harassment, as the Ministry of Labor and Social Protection drafts amendments to its Labor Code. Currently, workers in Kazakhstan face a staggering 30% chance of encountering sexualized harassment from colleagues, with no clear mechanism for reporting or protection according to social surveys [reference not provided].
Recognizing this dangerous gap in the legal landscape, the government has taken steps to remedy the situation. Notably, the Ministry aims to implement provisions that would require employers to address cases of harassment, establish internal complaint procedures, and provide additional protection for employees. As part of this overhaul, the draft law is expected to define sexual harassment, outline procedures for filing complaints, and establish clear protection measures. This, in turn, seeks to offer employees added guarantees for safeguarding their rights [reference not provided].
As you ponder these changes, let's discuss the bigger picture. So far, Kazakhstan has yet to ratify ILO Convention No. 190, an agreement that requires states to protect workers from violence and harassment. However, nations like France, Canada, and South Korea have already enacted internal response procedures and imposed sanctions for sexual harassment in the workplace [reference not provided]. There's a pressing need for Kazakhstan to catch up, as the lack of workplace protection measures fuels a hostile and uncomfortable environment for employees.
Stay up-to-date on these developments by visiting the "Open NPA" website, where you can review the proposed changes and share your suggestions to help shape a brighter, harassment-free future for Kazakhstan's workforce. As a side note, in December 2023, President Kassym-Jomart Tokayev directed the government to not only impose tougher penalties for domestic violence, but also improve labor laws—including a definition of workplace sexual harassment—by April 2024 [reference not provided].
Since June 2024, the Ministry of Labor and Social Protection has put the finishing touches on the aforementioned changes to the Labor Code. It's important to note that the current Criminal Code already covers criminal responsibility for workplace harassment, so no changes are planned in that regard [reference not provided]. Further, it's been reported that over 100 amendments could be made to the Code of Administrative Offenses, potentially including penalties for workplace harassment [reference not provided].
Let's clarify a few things about workplace harassment. In essence, it refers to behavior that causes discomfort or harm, infringes on privacy, and creates an unwanted, hostile, or threatening environment for employees. This unwanted behavior can manifest itself in various forms of discrimination, intimidation, insults, sexual harassment, or other unacceptable communication [reference not provided].
- To ensure a harassment-free work environment, Kazakhstanis should keep an eye on the upcoming amendments to the Labor Code that aim to define sexual harassment, establish complaint procedures, and provide additional protection for employees.
- In the larger context, Kazakhstan has not yet ratified ILO Convention No. 190, which requires states to protect workers from violence and harassment, similar to what countries like France, Canada, and South Korea have already done.
- The Ministry of Labor and Social Protection plans to implement 100 amendments to the Code of Administrative Offenses, potentially including penalties for workplace harassment, in addition to the measures taken to crack down on sexual harassment within the Labor Code.
