Теlegram CС - https://t.me/consot_kz 

The Constitutional Court received a citizen's appeal to check the constitutionality of paragraph 4 of Article 137-1 of the Labor Code of the Republic of Kazakhstan.

The circumstances set out in the appeal concerned the termination of an employment contract concluded for the time of performance of certain work. The employee was sent by the employer to another organization to perform a work function. The termination of the employment contract was effected in connection with the receipt of a written notice from the receiving party, as provided for by the contested provision of the Labor Code.

The applicant had previously brought an action in the courts against both parties to the employment relationship, claiming that the termination of the employment contract was unlawful and referring to the absence of clear terms on the duration of the work to be performed. The courts refused to satisfy the claims. The citizen believes that this norm of labor legislation violates his right to work.

The Constitutional Court stated that the contested norm does not prevent citizens from exercising their constitutional right to work. The conclusion of an employment contract on terms, including its term, is the result of a voluntary agreement between the parties. Thus, a citizen, by accepting the terms of the contract, realizes his right to freedom of labor.

Based on the above, the Constitutional Court concluded that there were no grounds to accept the appeal for constitutional proceedings.

Source : https://www.gov.kz/memleket/entities/ksrk/press/news/details/1015101?lang=kk