Retirement Age for Women Increased and Protections against Preretirement Age Employee Discrimination Strengthened
Alexandr Chumachenko, Associate, AEQUITAS, Almaty, Kazhakstan
The retirement age for women has increased to 63, measures to prevent discrimination of preretirement age employees have been set forth, a unified state accumulation pension fund has been established, and the powers of governmental agencies responsible for labor matters have been redistributed,per the latest amendments to Kazakhstan's labor and retirement legislation.1
Most of the amendments enacted in June to July 2013 are already in effect, except for the provisions relating to the unified accumulation pension fund, which is anticipated to enter into effect as the government has set up the fund, and the increase of women's retirement age, which is to be implemented on a step-by-step basis.
Change of Retirement Age
According to the revised pension legislation, starting January 1, 2018, the retirement age for women will annually increase by 6 months. Eventually, starting January 1, 2027, women's right to be assigned pension payments will begin once they reach the age of 63. The retirement age for men is still 63.
Guarantees for Preretirement Age Employees
In order to strengthen the protection of preretirement age employees, the legislation provides for the following measures:
- It is now prohibited for employers to terminate employment agreements with employees aged 55 to 63 on the grounds of abolition of the position or staff reduction, employee's non-conformance, or work performed due to low qualification, without a positive resolution of a commission constituted by an equal number of employer's and employees' representatives.
- The authorized employment agency, individuals and legal entities rendering labor mediation services, as well as employers, are now prohibited from placing job vacancy information containing discriminatory labor-related requirements (including specifying age limitations for employment).
Competence of Authorized Labor Agencies
Powers between the 'authorized labor agency'2 and the 'local labor inspection authority'3 have been redistributed, with the goal of eliminating the duplication of powers among different-level agencies and enhancing the competence of local executive authorities.
From now on, employees may apply to the local labor inspection authority or go to court in order to appeal employer's acts, if their acts contain provisions violating or deteriorating employees' rights and warranties as provided for by legislation, employment agreements, collective agreements or social partnership agreements.
1RK Law No. 105-V 'On Pension Provision in the Republic of Kazakhstan' dated June 21, 2013; RK Law No. 102V 'On Introduction of Amendments into Certain Legislative Acts of the Republic of Kazakhstan on the Issues of Delimitation of Powers Among State Administration Authorities' dated June 13, 2013; RK Law No. 106V 'On Introduction of Amendments into Certain Legislative Acts of the Republic of Kazakhstan on Pension Provision Issues' dated June 21, 2013; RK Law No. 132-V 'On Introduction of Amendments into Certain Legislative Acts of the Republic of Kazakhstan on Transport Issues' dated July 4, 2013.
2The central executive authority carrying out management and inter-sectoral coordination in the sphere of labor relations in accordance with the RK legislation.
3A structural subdivision of the local executive authorities of an oblast, city of national significance or the capital that exercises powers in the sphere of labor relations within the corresponding administrative-and‑territorial unit in accordance with the RK legislation.