Investor guide

Labor laws and foreign labor force

Foreign labor is attracted by employers to work in the Republic of Kazakhstan on the basis of permits to attract foreign labor, issued by the local executive body of the relevant administrative-territorial unit.

Local executive bodies in the territory of the respective administrative-territorial unit issue and (or) extend permits or refuse to issue, renew permits to employers to employ foreign labor to carry out labor activities within the quota distributed by the authorized body on employment of the population, and also suspend and revoke specified permissions.

The permit issued by the local executive body for attracting foreign labor is not transferable to other employers, it acts only in the territory of the respective administrative-territorial unit, except for sending the employer foreign workers, who received permits, on a business trip to enterprises, organizations located in other administrative areas. - territorial units, for a period that does not exceed a total of ninety calendar days within one calendar year Oh yeah.

Permission for employers to employ foreign labor is issued and (or) renewed upon submission of documents and payment of the fee established by the tax legislation of of the Republic of Kazakhstan, in the manner and for the period determined by the authorized body on employment of the population.

The provision of this paragraph regarding the payment of the fee for issuing and (or) renewing the permit to employers for the recruitment of foreign labor does not apply to foreigners and stateless persons working as part of an internal corporate transfer.

Acceptance of the necessary documents, as well as issuing and (or) extending permits to employers to employ foreign labor is carried out by the local executive body in the order of defined by the authorized body for employment of the population, including in electronic form through an information system of permits and notifications.

The number of foreign workers employed by the employer under permits must correspond to the percentage of the number of Kazakhstani personnel determined by the authorized body for employment of the population.

CATEGORIES

In order to determine the procedure and conditions for issuing and (or) renewing permits, the following categories of employees are established:

  • the first category - managers and their deputies;
  • the second category - heads of structural divisions that meet the qualification requirements, established professional standards, qualification reference book of managers, professionals and other employees, typical qualification characteristics of managers, professionals and other employees of organizations;
  • the third category - specialists who meet the qualification requirements, established professional standards, qualification reference book of managers, specialists and other employees, typical qualification characteristics of managers, professionals and other employees of organizations;
  • the fourth category - qualified workers who meet the qualification requirements established by professional standards, the Unified Tariff and Qualification Reference Book of works and professions of workers, the tariff and qualification characteristics of workers' professions.

The local executive body issues permits within the quota distributed by the authorized body for employment of the population.

The issuance and (or) extension of permits by the local executive body is carried out under the following conditions:

  • the number of citizens of the Republic of Kazakhstan is not less than 70% of the list number of employees belonging to the first and second categories;
  • the number of citizens of the Republic of Kazakhstan is not less than 90% of the list number of employees belonging to the third and fourth categories.

The effect of the above rules on issuance and renewal does not apply to:

  • small business entities;
  • government agencies and enterprises;
  • a foreign worker who arrived for self-employment in the Republic of Kazakhstan;
  • permits issued within quotas by countries of origin, if international agreements on cooperation in the field of labor migration and social protection of migrant workers ratified by the Republic of Kazakhstan are in place;
  • representative offices and branches of foreign legal entities with a staff of no more than 30 people.

If a foreign legal entity-employer, carrying out its activities in the Republic of Kazakhstan without a branch, representative office, sends its employees to the Republic of Kazakhstan under a contract for the performance of works and services, or if the foreign legal entity-employer sends its employees to the Republic of Kazakhstan for the performance of work, the provision of services to a subsidiary, representative office, branch of a foreign legal entity in which such a foreign legal entity is The employer, directly or indirectly, has shares or participation interests, then the authorized person of the receiving party through the information system “State database“ E-licensing ”or in paper form submits to the local executive body at the place of employment of foreign labor force a statement of the established form with the application documents submitted for obtaining permission to attract foreign labor. For the period of performance of work, provision of services labor relations are governed by a document (letter or transfer agreement) agreed between a foreign employee and a foreign legal entity-employer, from which a temporary transfer of a foreign employee is made.

Permission to attract foreign labor is not required for foreign workers who are citizens of the States Parties to the Treaty on the Eurasian Economic Union of May 29, 2014, ratified by the Law of the Republic of Kazakhstan of October 14, 2014.

For issuing and (or) renewing a permit, employers are charged a tax levy according to the size of the fee for issuing and (or) renewing a permit to employ foreign labor in the Republic of Kazakhstan, approved by resolution The Government of the Republic of Kazakhstan of August 18, 2016 No. 459" On setting the rates for the issuance and (or) renewal of permits for attracting foreign labor in the Republic of Kazakhstan"

Permits to attract foreign labor are issued for the period:

  • for the first category - on the basis of an application by the employer for one, two or three years, with the right to extend the term of the permit for one, two or three years;
  • for the second and third categories - for twelve months, with an extension for a period of twelve months, but not more than three times;
  • for the fourth category - for twelve months without the right of renewal;
  • for seasonal foreign workers - up to twelve months, without the right to renew.

The decision to issue or refuse to issue a permit is made by the local executive body within seven working days from the date of acceptance of the employer's documents.

  In order to determine the procedure and conditions for issuing and / or renewing permits, the following categories of employees are established: (Article 3 of Regulation No. 559)

  FIRST

  SECOND

  THIRD

  FOURTH

first leaders their deputies

heads of structural divisions that meet the qualification requirements, established professional standards, qualification reference book of managers, professionals and other employees, typical qualification characteristics of managers, professionals and other employees of organizations;

specialists who meet the qualification requirements, established professional standards, qualification reference book of managers, professionals and other employees, typical qualification characteristics of managers, professionals and other employees of organizations;

skilled workers who meet the qualification requirements established by professional standards, the Unified tariff qualification reference book of works and professions of workers, the tariff qualification characteristics of workers' professions.

The requirements established by the legislation regarding quotas and obtaining deliverables to attract foreign labor force do not apply to foreigners and stateless persons:

  1. working in autonomous educational organizations, their organizations, as well as in the "Nazarbayev Foundation" as managers and specialists with higher education;
  2. working in state bodies with confirmed documents in the manner established by the Government of the Republic of Kazakhstan;
  3. employed by organizations of the Republic of Kazakhstan who concluded in accordance with legislation Of the Republic of Kazakhstan on investments, investment contracts for the implementation of an investment priority project, as well as those working in organizations attracted by these legal entities (or their contractors) as a general contractor, contractor, subcontractor or service provider, in the field of architectural, urban planning and construction activities (including survey and design activities, engineering services), for a period of up to one year after putting the investment activity object into operation taci as managers and specialists with higher education, as well as qualified workers according to the list of professions and numbers determined in investment contracts for the implementation of an investment priority project;
  4. working in the autonomous cluster fund of the special economic zone "Park of innovative technologies" at the positions of managers and specialists with higher education;
  5. working in organizations engaged in organizing and conducting an international specialized exhibition in the Republic of Kazakhstan;
  6. who are participants or employees of participants of the international specialized exhibition in the Republic of Kazakhstan;
  7. working in legal entities that are members of special economic zones, with projects worth more than one million monthly calculation indicators, as well as in organizations involved by specified members of special economic zones (or their contractors) as a general contractor, contractor, subcontractor or performer services during the period of construction and installation works on the territory of special economic zones and before the expiration of one year after putting the facility (objects) into operation in accordance with The list of categories and size, determined by the commission of representatives of the authorized body on employment, interested central state bodies in the manner approved by the joint decision of the authorized body on employment, and the central executive body carrying out state regulation in the creation, operation and abolition of special economic zones ;
  8. arrived for self-employment in professions in demand in priority sectors of the economy (types of economic activity);
  9. living in the Republic of Kazakhstan. (Section 2, Art. 32 of the Law on Employment);
  10. working as top managers of branches or representative offices of foreign legal entities;
  11. provided by the list of persons determined by the Government of the Republic of Kazakhstan which do not require permits from local executive bodies to recruit foreign labor for labor activities.

    List of Persons
    for the performance of work which does not require permits from local executive bodies to recruit foreign labor

    Foreigners and stateless persons:

    1. Oralmans;
    2. Business immigrants arriving for business;
    3. Those who received refugee or asylum-seeker status;
    4. Immigrants arriving on humanitarian grounds in accordance with the Law of the Republic of Kazakhstan dated July 22, 2011 “On Migration”;
    5. Convicted by sentences of the courts of the Republic of Kazakhstan to imprisonment, conditionally, to punishments not related to isolation from society;
    6. Who are the victims of trafficking for the duration of the proceedings in a particular criminal case related to trafficking in persons, before the entry into force of the court sentence;
    7. Entering the Republic of Kazakhstan for the purpose of family reunification, having reached the legal age, being the spouse of a citizen of the Republic of Kazakhstan and having been married for at least three years, recognized by the legislation of the Republic of Kazakhstan;
    8. Full-time students and at the same time working in educational institutions of the Republic of Kazakhstan in their free time, in accordance with the labor legislation of the Republic of Kazakhstan;
    9. Citizens of States Parties to the Treaty on the Eurasian Economic Union on May 29, 2014;
    10. Members of the crews of sea and river vessels, air and rail transport;
    11. Working as artists, directors, conductors, choir masters, choreographers, athletes and coaches;
    12. Attracted by participants and bodies of the international financial center "Astana";
    13. Specialists in the creation of a space rocket complex and the operation of ground-based space infrastructure facilities, involved in the framework of international treaties of the Republic of Kazakhstan on cooperation in the field of aerospace activities;
    14. Carrying out pedagogical activities in accordance with international treaties of the Republic of Kazakhstan on cooperation in the field of education in organizations of secondary, technical and vocational, post-secondary and higher education of the Republic of Kazakhstan, but not more than 25 percent, and for those implementing international integrated educational curricula more than 50 percent of the organization’s staff;
    15. From among the faculty of higher educational institutions, which are given special status in accordance with the procedure established by the legislation of the Republic of Kazakhstan, as well as working in higher education institutions as managers and teachers with higher education with confirmed documents in the order established by the legislation of the Republic of Kazakhstan, and providing training for industries.
    16. Working as chief executives of branches or representative offices of foreign legal entities, as well as chief executives of Kazakhstan legal entities and their deputies with an absolute share of foreign participation in their share capital.
    17. Being on a business trip for business purposes, the term of which does not exceed a total of one hundred twenty calendar days within one calendar year.
    18. Working as chief executives of organizations that have entered into contracts with the Government of the Republic of Kazakhstan to the amount of investments in cash equivalent of more than 50 million US dollars, and first heads of legal entities of the Republic of Kazakhstan who carry out investment activities in priority activities and signed a contract with the authorized body investment.
    19. Working in a national management holding company at positions not lower than the heads of departments with higher education with confirmed documents in the manner established by the legislation of the Republic of Kazakhstan.
    20. Attracted to work as members of the board of directors of a national managing holding company.
Install the application:
1) Open the website in Safari
2) Click save
3) Add to home screen