This article examines the constitutional and legal foundations for protecting the labour rights of migrant workers in the context of the 2026 Constitution of the Republic of Kazakhstan. Particular attention is paid to the relationship between state control over migration and the right of everyone to work. Kazakhstan’s legal framework is compared with selected legal mechanisms applied in the Eurasian Economic Union, the European Union, Canada, and Australia using formal legal, systemic, comparative legal, and functional methods. The study identifies five elements of protected labour mobility: the universality of core labour rights, a genuine possibility to change employers, enhanced protection for vulnerable migrant workers, preservation of previously accrued employment-related claims, and transparency and accountability of digital procedures. The analysis shows that placing legal risks arising from labour and migration procedures solely on migrant workers, where such procedures are beyond their actual control, increases their legal vulnerability. Therefore, the allocation of such risks should take into account the competence and responsibility of the employer, intermediary, or public authority that exercises actual control over the relevant procedure.