According to the vice minister, the Labor Code of the Republic of Kazakhstan stipulates that the parties to labor or collective agreements can change minimum guarantees of rights and freedoms in the sphere of labor only in the direction of improving the provisions of employees, i.e. these rights are not subject to reduction.
In this regard, the conclusion of an employment contract in electronic format is for the employee such an improvement, given that this is, first of all, a reduction in the costs of employment. Particularly relevant and convenient this form of contracting becomes with modern forms of employment, when work is carried out remotely.
At the same time, when entering into an electronic labor contract, neither the employer nor the employee needs to conclude and store it in paper form, since the electronic format of the document is equated to the written one.
According to the Law of RK "On Electronic Document and Electronic Digital Signature", electronic document circulation can be performed between state bodies, individuals and legal entities. The information submitted in electronic digital form is certified by means of an electronic digital signature that guarantees the authenticity of the electronic document, its ownership and the invariability of the content.
It is important that the relationship between participants in the electronic document management system is also regulated by the Law and other normative legal acts of the Republic of Kazakhstan.
N. Mukushev also noted that the employer has the right to use the automated personnel management system to receive applications, notices and other documents from the employee to familiarize employees with acts of the employer, if this was agreed in advance at the conclusion of the employment contract or on the basis of written consent of the employee, including number, certified by means of EDS.