Employment is due to the obligation of the employee to provide documents confirming his compliance with the job for which he is hired. If it is revealed that the employee provided false documents or false information during employment, this is the basis for his dismissal at the initiative of the employer.
Such a basis is established by subparagraph 15) of paragraph 1 of Article 54 of the Labor Code of the Republic of Kazakhstan, according to which the employer has the right to terminate the employment contract on his own initiative in the event that the employee submits deliberately false documents or information to the employer when concluding an employment contract, if the original documents or information could be grounds for refusal in the conclusion of an employment contract.
A prerequisite for the application of this ground is the fact that the valid information and documents that the employee had to submit could be the basis for refusing to conclude an employment contract. For example, when applying for a job requiring special education in accordance with the law, the employee presented a forged (false) diploma of education. If such a circumstance is discovered, the employer has the right to dismiss the employee on this basis.
If the accuracy or inaccuracy of the information and documents provided by the employee in itself could not serve as a basis for refusing to hire (for example, the employee hid the grounds for dismissal from his previous job or submitted a false document on education, which is not required to perform this work), dismissal on this basis is not permitted.
For dismissal with reference to the specified grounds, it is not required that the employee be held criminally or administratively liable for forgery.