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In Kazakhstan, workers can seek unpaid wages through the courts within a three-year limitation period, even if the one-year deadline for employment disputes has passed. The condition is that the employer has failed to pay the money owed. The Constitutional Court gave this interpretation of Article 160 of the Labour Code in its ruling of 8 June 2026, inbusiness.kz reports, citing the Astana prosecutor’s office.
When you can claim wages within three years
The ruling applies to workers whose employers still owe them money for their work. Missing the one-year deadline for bringing an employment dispute does not prevent them from claiming that money through the courts.
These claims can fall under the general three-year limitation period set out in Article 178 of the Civil Code. Workers have the right to seek payment of the debt within three years.
Which payments you can recover
The clarification covers basic wages and other mandatory payments for work. The statement names overtime pay among these payments.
The same condition applies to these claims: the employer has failed to pay the amounts owed. Paying wages is also among employers’ obligations in Kazakhstan.
How the one-year and three-year deadlines fit together
Article 160 of the Labour Code sets a one-year deadline for bringing employment disputes. The Constitutional Court clarified how this deadline relates to protecting the right to money earned through work.
Claims for unpaid wages and other mandatory payments can still be brought before a court within the general three-year limitation period. This applies specifically to money owed for work.
Which court ruling to rely on
The legal position is set out in Constitutional Court Regulatory Resolution No. 81 of 8 June 2026. It clarifies how Article 160 of the Labour Code applies alongside Article 178 of the Civil Code.
The court linked this interpretation to the protection of labour rights: people should not lose the chance to receive the money they have earned simply because the one-year deadline has passed.
In plain English
If you are owed wages or overtime pay, the expiry of the one-year deadline does not automatically mean you have lost the right to claim the money. When seeking to recover it, take Resolution No. 81 and the general three-year limitation period into account.
