Analysis of the Institute of Disciplinary Liability under Remote WorkConditions in the Republic of Kazakhstan

Abstract

The article comprehensively examines the legal issues of applying the institution of disciplinary liability in the context of remote work in the Republic of Kazakhstan. The relevance of the study is determined by the fact that in 2024 the number of remote workers in Kazakhstan reached 46.7 thousand and continues to grow annually by 18.6%, as well as by the insufficient adaptation of labor legislation to this format. In this regard, the research question arises: to what extent is the labor legislation of the Republic of Kazakhstan adapted to the application of disciplinary liability norms in remote work conditions? The purpose of the study is to identify problematic aspects of applying the institution of disciplinary liability in remote work and to develop scientifically grounded recommendations for its improvement. The study employs formal-legal, comparative-legal, and doctrinal methods, as well as an analysis of statistical data and court decisions of the Supreme Court of the Republic of Kazakhstan for 2021- 2024. The findings substantiate the need to adapt the traditional concept of “absence from work without valid reason” to the remote work format, as well as the need to maintain a balance between the right to privacy and digital monitoring. The findings substantiate the need to introduce additions to Articles 52 and 22 of the Labour Code. The conclusions drawn may serve as a practical basis for improving labour legislation and unifying judicial practice.