Аңдатпа
The article is devoted to a comprehensive analysis of procedural violations committed by employers in the Republic of Kazakhstan when terminating employment contracts, which are examined as an independent source of legal risks. The relevance of the study is determined by the fact that a significant number of employers lose labor disputes not due to the absence of substantive grounds for dismissal, but as a result of failure to comply with the formal procedural requirements of labor legislation. Based on an examination of judicial practice and the explanations of the Supreme Court, the paper identifies and systematizes typical errors made by employers. The main groups of violations include: premature termination of an employment contract at the employee’s initiative without his or her consent, violations of the procedure and time limits for imposing disciplinary sanctions, errors in the composition of disciplinary commissions, as well as failure to prove damage in cases of dismissal for loss of trust. The article provides a detailed analysis of the legal consequences of such violations, including the unconditional reinstatement of the employee, payment of wages for the period of forced absence from work, and reputational costs for the employer. As measures to minimize these risks, the author proposes the introduction of an internal procedural compliance system, the standardization of dismissal algorithms, and mandatory preventive legal control over personnel decisions.