Comparative legal analysis of stress-related protections in labor law, highlighting gaps in Kazakh legislation.
The relevance of the topic is due to the influence of psychosocial factors on the health of employees and the absence of the necessary legal regulation of these aspects of labor relations in the Kazakh legislation. The subject of research is international standards, normative legal acts and judicial practice, as well as reports of international organizations and scientific institutes, publications of scientists and experts. The purpose of the work is the formation of scientifically based recommendations on the legal protection of psychological health of employees. Comparative legal and formal legal methods, methods of content analysis and analysis of judicial practice were used as part of the research. The novelty of the work consists in the comparison of Kazakh labor law with international standards and advanced foreign practice. As a result of the study, the authors proposed to enshrine in the Labor Code of the Republic of Kazakhstan the principle of ensuring the employee's right to respect and protecting his dignity in the labor sphere, as well as to include the employee's right to respect his dignity. In addition, it is justified to add mental and behavioral disorders to the list of occupational diseases, including post-traumatic stress, as provided in ILO Recommendation No. 194 "On the list of occupational diseases, notification of accidents and their registration". It is necessary to adapt and expand the conceptual apparatus enshrined in the Labor Code of the Republic of Kazakhstan, including such concepts as "health of the worker", "psychosocial risks", "stress at work" and "overtime" (which should be distinguished from overtime work). These concepts should receive a clear legal definition that will allow to regulate issues of protection of employees from psychosocial risks at the legislative level.
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Khasenov et al. (2025) studied this question.
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