The right to wоrk without discrimination Printable versionLast update: 24.11.2020
Sites with announcements about the vacancies of employers are very popular among citizens of the republic. The search for work on the Internet is very convenient for many reasons: a huge database of vacancies, the convenience of searching - you can find a job without leaving your home, avoiding intermediaries. In this regard, it will be useful to know that it is currently prohibited in Kazakhstan to indicate the requirements for the sex and the age of potential employees in vacancy announcements.
According to paragraphs 1 and 2 of Art. 24 of the Constitution of the Republic of Kazakhstan, everyone has the right to freedom of labor, free choice of occupation and profession, and to working conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination, and to social protection against unemployment. In accordance with subparagraph 3-2 of paragraph 3 of Article 14 of the Law of the Republic of Kazakhstan "On Mass Media", it is prohibited to post information on vacancies for employment that contains discriminatory demands in the field of work.
The Labor Code of the Republic of Kazakhstan states that everyone has the right to freely choose work or freely agree to work without any discrimination or coercion, the right to dispose of their abilities to work, to choose a profession and occupation. Similarly, the employer does not have the right to discriminate against the employee when hiring for a job, or in the process of labor relations on the grounds of his origin, social, official and property status, sex, race, nationality, language, attitude to religion, beliefs, place of residence, age or physical disadvantages, as well as belonging to public associations.
Nevertheless, we can openly observe how on the sites for finding vacancies in the line "requirements for the candidate" employers specify the age, sex and even external preferences, which contradicts the LC of the RK and human rights. Each of us once in our life came across a situation where you are denied to be hired for a job because they prefer a candidate of the opposite sex. Employers also explain this by the fact that some work related to heavy physical labor is more acceptable for men, some professions are more appropriate for women. Since the main task of any employer is to make a legitimate profit. Accordingly, he needs high labor productivity and he needs to be given the freedom to choose those employees who are more productive, and not to impose restrictions on him. They do not see the point of wasting their time and other's time, declaring a vacancy for everyone. There is some sense in this, but again it contradicts the Labor Code.
Persons who believe that they have been subjected to discrimination in the field of work are entitled to apply to the court or other instances in the manner established by the laws of the Republic of Kazakhstan.