Religious Practices in the Workplace: Discrimination or Violation of Labor Conditions?
14.03.2025
The Labor Code of Kazakhstan does not define discrimination as a separate term: it prohibits it. No one may be subjected to any discrimination in the exercise of labor rights on the grounds of origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence, age or physical disabilities, membership in public associations or other circumstances (Article 6(2) of the Labor Code). Below: what the law treats as discrimination in labor, where religious rites may be performed, what the law says about discipline and breaks at work, and how a dispute between an employee and an employer is resolved.
An employer came to us with this question: a former employee sent the employer a pre-trial claim alleging discrimination because the employer had asked them not to perform namaz at the workplace, a store.
What discrimination in labor means
The Labor Code sets out the prohibition of discrimination in Article 6:
- everyone has equal opportunities in exercising their rights and freedoms in labor; no one may be restricted in labor rights, except in the cases and in the manner provided by the Code and other laws (paragraph 1);
- no one may be subjected to discrimination on the grounds listed in paragraph 2, among them attitude to religion and beliefs;
- differences, exceptions, preferences and restrictions that are established by law for the relevant types of work or are caused by the special concern of the state for persons in need of increased social and legal protection are not discrimination (paragraph 3);
- persons who believe they have been discriminated against in labor may apply to a court or other authorities in the manner established by law (paragraph 4).
An employee has the right to equal pay for equal work and to equal working and living conditions without any discrimination (Article 22(1)(15)), and the employer must ensure them (Article 23(2)(28)). Discrimination is also prohibited by the 2026 Constitution: citizens of Kazakhstan, foreign nationals and stateless persons residing or temporarily staying in Kazakhstan may not be discriminated against, including on the grounds of attitude to religion and beliefs (Article 16(2)); the right to remuneration for work without any discrimination is guaranteed by Article 27(2).
Freedom of conscience and duties at work
Every person has the right to freedom of conscience; the exercise of this right shall not restrict universal human and civil rights or duties to the State (Article 25 of the Constitution). The Law “On Religious Activity and Religious Associations” says the same in Article 3:
- everyone may hold religious or other beliefs, spread them, take part in the activities of religious associations and engage in missionary activity in accordance with the law (paragraph 6);
- obstructing lawful religious activity, violating the civil rights of individuals because of their attitude to religion, insulting their religious feelings, and desecrating objects, buildings and places revered by followers of a religion are not allowed (paragraph 5);
- no one may refuse, on the grounds of their religious beliefs, to perform duties established by the Constitution and laws (paragraph 7).
The Labor Code has no separate rules on religious rites during working hours: it mentions religion only in the list of grounds of discrimination (Article 6(2)). It sets the order at work as follows:
- an employee must perform their labor duties in accordance with agreements, the employment and collective agreements and the employer’s acts, and observe labor discipline (Article 22(2)(1) and (2));
- an employer may require employees to comply with the employment and collective agreements, the labor regulations and other acts of the employer (Article 23(1)(5));
- the labor regulations are approved by the employer and establish working hours and rest periods, and the conditions for ensuring labor discipline (Article 63);
- during the working day (shift) an employee must be given one break for rest and eating of at least half an hour; its time and duration are set by the labor regulations or the employment or collective agreement, and the break is not included in working hours (Article 81).
If the timing of the break matters to an employee, it can be agreed in the employment agreement: Article 81 allows this.
Where religious rites may be performed
Worship services, religious rites, ceremonies and (or) meetings are held freely in religious buildings (structures) and on their assigned territory, in places of worship, in institutions and premises of religious associations, at cemeteries and crematoria, in homes, and, if necessary, in public catering facilities, subject to the rights and interests of people living nearby. In other cases, religious events are held in the manner established by law (Article 7(2) of the Law “On Religious Activity and Religious Associations”).
Worship services, religious rites, ceremonies and (or) meetings and missionary activity are not allowed on the territory and in the buildings of (Article 7(3)):
- state bodies, organizations, except in the cases provided for in paragraphs 2 and 4 of Article 7;
- the Armed Forces, other troops and military formations, judicial and law enforcement bodies, other services related to public safety and the protection of life and health of individuals;
- educational organizations, except spiritual (religious) educational organizations.
Liability
Article 490 of the Code on Administrative Offenses provides, among other things:
- for violating the legal requirements for holding religious rites, ceremonies and (or) meetings — a warning or a fine of 25 monthly calculation indices (MCI) for individuals and 100 MCI for legal entities (Part 1(1));
- for obstructing lawful religious activity, as well as violating the civil rights of individuals because of their attitude to religion, insulting their religious feelings or desecrating objects, buildings and places revered by followers of a religion, if these acts do not constitute a criminal offense — a fine of 25 MCI for individuals, 50 MCI for officials and 100 MCI for legal entities (Part 2).
How a dispute between an employee and an employer is resolved
Individual labor disputes are considered by conciliation commissions, and unresolved issues or failure to comply with a conciliation commission’s decision are considered by courts (Article 159(1) of the Labor Code). Disputes that are considered without a conciliation commission include those between the employer and an employee of a micro-business, a non-profit organization, or a branch or representative office of a foreign legal entity with no more than fifteen employees; the full list of exceptions is in Article 159(1). A conciliation commission must consider a dispute within fifteen working days of registering the application (Article 159(5)).
The time limit for applying to a conciliation commission or a court in labor disputes other than reinstatement disputes is one year from the day the employee, including a former employee, or the employer learned or should have learned of the violation of their right (Article 160(1)(2)). For those who may go to court without a conciliation commission, the time limit for such disputes is also one year (Article 160, Part 5).
How we can help
We will review an employee’s claim or an employer’s demand and prepare a response, draft labor regulations and employment agreements, and represent you before a conciliation commission and in court. Ongoing support for companies is provided under the service “Legal support of business“, disputes under “Representation in court“.
The first consultation is free. Call us: +7 700 500 05 53 or write on WhatsApp.