Work in certain government agencies and organizations may be related to state secrets. In this case, having access to state secrets is a necessary condition for the emergence and existence of labor relations, and 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", access 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:
- violations of the obligations assumed by him under the employment contract related to the protection of state secrets;
- the occurrence of circumstances that constitute 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 access to state secrets to an official or citizen may be:
- recognition by the court of his incapacity, limited capacity, the presence of 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 involving the use of 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 preparation of documents for his departure for permanent residence in another country;
- identification, as a result of verification activities, of actions of the person being registered that create a threat to the national security of the Republic of Kazakhstan;
- his evasion of verification measures and (or) his provision of knowingly false information about himself and his close relatives.
The decision to refuse admission or to terminate admission is made by the head of a government agency or organization.
Termination of access to state secrets is an additional basis for termination of the employment contract with him at the initiative of the employer under subparagraph 14 of paragraph 1 of Article 54 of the Labor Code of the Republic of Kazakhstan.
The manager’s decision to terminate access may be appealed by the employee to a higher organization or to the court.