Work in certain state bodies and organizations may be associated with state secrets. In this case, the presence of access to state secrets is a necessary condition for the emergence and existence of labor relations, and the termination of access makes further work impossible.
According to paragraph 1 of Article 31 of the Law of the Republic of Kazakhstan "On State Secrets", the admission of an official or citizen of the Republic of Kazakhstan to state secrets is terminated by decision of the head of a state body or organization in the following cases:
- violation by him of the obligations stipulated by the employment contract related to the protection of state secrets;
- the occurrence of circumstances that are grounds for denying an official or citizen access to state secrets in accordance with Article 30 of this Law.
In turn, paragraph 1 of Article 30 of the Law establishes that the grounds for refusing to access state secrets to an official or citizen may be:
- recognition by the court as incapable, partially incapacitated, that he has an outstanding or expunged conviction for committing an intentional crime in accordance with the procedure established by law;
- the presence of medical contraindications for work using information constituting state secrets, according to the list approved by the state body exercising powers in the field of healthcare;
- his permanent residence abroad and the execution of documents for him to leave for permanent residence in another state;
- identification as a result of verification activities of the actions of the person being registered, creating a threat to the national security of the Republic of Kazakhstan;
- his evasion from verification activities and (or) the communication by him of knowingly false information about himself and his close relatives.
The decision to refuse admission or terminate admission is made by the head of the state body or organization.
Termination of access to state secrets is an additional basis for terminating the employment contract with him at the initiative of the employer in accordance with subparagraph 14 of paragraph 1 of Article 54 of the Labor Code of the Republic of Kazakhstan.
The decision of the manager to terminate admission can be appealed by the employee in a higher organization or in court.