Attracting foreign labor force

Attracting foreign labor force

Foreign labour force is employed in the Republic of Kazakhstan through the work permits to be issued by the local executive bodies of the territorial unit. Territorial local executive bodies are in charge of the work permits issuance and extension or refusal, suspension or revocation thereof against the quota limit, established by the authorised employment state agency.

 A work permit cannot be taken over by another employers and it shall be valid in the territory of the relevant territorial unit, except for  cases when the employees  - foreign nationals, employed on the basis of the work permits, are sent to the companies and organisations  in the territory of another territorial units for the period of at most 90 calendar days within one year. 

A work permit issuance and extension is charged with a state fee to be paid in a timely manner established by the authorised employment body. This does not apply to the secondment of foreign nationals and stateless persons, employed through intra-corporate transfer.

The documents for the work permits issuance and extension are filed with the local executive bodies in manner, established by the authorised employment agency, inter alia through the online system of permissions and notifications. 

The number of foreign labour force employed under the work permits should be in line with the percentage ratio in relation to the Kazakhstani personnel established by the authorised employment agency.

CATEGORIES

The following employee categories are established in order to determine order and conditions of issuance and extension of the work permits:

1) First category - chief officers (heads) and their deputies; 

2) Second category – chief officers of structural subdivisions as per the qualification requirements, established by the professional standards, qualification manual of positions of chief managers, experts and other personnel;

3) Third category - experts, as per the qualification requirements established by the professional standards, qualification manual of positions of chief managers, experts and other personnel;

4) Fourth category - skilled workers as per the qualification requirements, established by the professional standards, qualification manual of positions of chief managers, experts and other personnel

The work permits issuance is subject to the quota limit established by the authorised employment agency.

The work permits are issued and prolonged  by the local executive bodies subject to as follows:

1) Number of the Kazakhstani citizens is not less than 70% of number of employees of the first and the second categories;

2) Number of the Kazakhstani citizens is not less than 90% of number of employees of the third and fourth categories.

The above rules on the issuance and extension do not apply to the:

1) Small-scale entities;

2) State agencies and organisations;

3) Foreign employees arrived in the Republic of Kazakhstan for the self-employment;

4) Work permits, issued against the quota limit for countries pursuant to the ratified international agreements on cooperation in labour migration and social protection of migrant workers;

5) Representative offices and branches of foreign legal entities with personnel less than 30 person.

Secondment

In the event of secondment of foreign employees by a foreign legal entity which carries out its activities in the Republic of Kazakhstan without a branch or representative office, to the Republic of Kazakhstan under a contract for the performance of work provision of services; or secondment of  foreign employees  for the performance of work, rendering services in the daughter company (subsidiary), branch or representative office of a foreign legal entity, in which such foreign legal entity directly or indirectly holds shares or participatory interests, the authorized person of the receiving party files an application with the local executive body online through the information system "State database" E-licensing ", or a hard copy of a standard application form at place of  foreign labour employment,  along with the required documents.

The employment relations are regulated by the document (letter or agreement on transfer/secondment) between a foreign employee and foreign legal entity – employer, which makes intra-company transfer or secondment, within the employment period.  By virtue of points 1-2 article 97, Eurasian Economic Union Agreement, there is no need to get work permits for the foreign employees – citizens of states-members of the Eurasian Economic Union Agreement of 29 May 2014, ratified by the Kazakhstani Law of 14 October 2014.

The state fee rates for the work permit issuance are set out in the Governmental Decree of 18 August 2016 No.459 “On fee rates for the issuance and/or extension of work permits for foreign labour attraction into the Republic of Kazakhstan (point 9, Rules 559).

The validity period of the work permits are as follows:

1) First category - 1, 2, or 3 years as per the application, with prolongation for 1,2 or 3 years;

2) Second and third categories - 12 months with prolongation for 12 months, but not more than three times;

3) Fourth category - 12 months without prolongation;

4) Seasonal workforce - 12 months without prolongation.

The local executive body takes up a decision on approval or rejection of application for the work permit within seven business days from the day of receipt thereof. 

The quota and work permit rules do not apply to employment of foreign nationals and stateless persons  in the following organisations:

  1. Autonomous education organisations and its affiliates, also in the Nazarbayev Fund at the positions of managers and experts with a higher education;
  2. State agencies provided that documents on foreign employees are duly confirmed as per the laws; 
  3. Organisations which signed investment contracts with the Kazakhstani Government for implementation of investment priority projects under the laws on investments or  employed in the contractor and sub-contractor organisations,  engaged by the organisations, which signed the investment contract; or in organisations, engaged for the services provision for them in the sphere of architectural, town-planning and construction activities, inter alia, prospecting and project activity and engineering services, for the period of up to one year after the investment project facilities are commissioned, on the positions of chief executives and experts with a higher education, also skilled workmen pursuant to the  list of professions and number limit, prescribed in the investment contract for implementation of investment priority projects;
  4. Autonomous cluster fund of the special economic zone "Innovation technologies park" on the position of chief officers and experts with a higher education; 
  5. Organisations in charge of hodling special exhibition in the territory of the Republic of Kazakhstan;
  6. Foreign nationals - participants and its personnel of international special exhibition in the territory of the Republic of Kazakhstan;
  7. Legal entities - participants of special economic zones with projet cost over 1 mln. monthly assessment indices, and in organisations engaged by these participants of special economic zones (or contracts thereof) as a main contractor, contract, sub-contractor and servicers provider for the period of construction and assembly works in the territory of the special economic zones and through one year after commissioning of object, pursuant to the list of categories and number, determined by the commission consisting of representatives of the authorised employment agency, central state agencies in order, established by the decision of the authorised employment agency and central executive body for special economic zones;
  8. Foreign nationals to be employed as experts, demanded in the priority economic sectors;
  9. Foreign nationals residing in the Republic of Kazakhstan;
  10. Chief officers of branches and representative offices of the foreign legal entities; 

  11. Foreign nationals and stateless persons who can be employed without work permits by virtue of the governmental decree, as set forth below.

List of persons to be employed without work permits issued by the local executive bodies

Foreign national and stateless persons who are any of as follows:

  1. Oralmans;
  2. Business -immigrants arriving for business activity;
  3. Granted asylum or applying for asylum;
  4. Immigrants, arriving on humanitarian reasons as per the Law of the Republic of Kazakhstan "On migration of population" ;
  5. Offenders who are given suspended sentence to imprisonment, punishment without social isolation,  under the decisions of courts of the Republic of Kazahstan ;
  6. Trafficking victims during the criminal proceedings on human trafficking case prior to final sentence ;
  7. Arriving to the Republic of Kazakhstan for family reunification of full age or being spouses of citizens of the Republic of Kazakhstan being married not less than three years subject to recognition of their marriage by the laws of the Republic of Kazakhstan;
  8. Studying on an intramural basis in educational institutions of the Republic of Kazakhstan subject to employment during study-free time as per the labour laws of the Republic of Kazakhstan;
  9. Citizens of states-members of Agreement in Eurasian Economic Union of 29 May 2014;
  10. Aircrew, rivercrad, marine, air and railroad crew members;
  11. Entertainers, producers, accentors, choirmasters, choreographers, athletes and coaches;
  12. Engaged by the international financial centre "Astana";
  13. Experts in creation of a space-based missile complex and the oepration of ground-based space infrastructure facilities, attracted under the international treaties of the Republic of Kazakhstan on cooperation int he field of aerospace activity;
  14. Professors and teachers personnel not more than 25% of total staff,  employed under the international treaties of the Republic of Kazakhstan in the sphere of education for organisation of colleges, engineering and professional, after-college and higher educational institutions in the Republic of Kazakhstan and not more than 50% for creating international integrated  educational programmes;
  15. Professors and teachers staff from higher educational institutions which have a special status under the laws of the Republic of Kazakhstan, also emplyed in the positions of chief managers and professors with a recognized certificates preparing personnel for certain economic sectors; 
  16. Chief executive officers of branches and representative offices of foreign legal entities, also chief executive officers of Kazakhstani legal entities wholly owned by foreign shareholders (valid from 4 May 2018);
  17. Being on business trip  of at most 120 caledar days within one calendar year;
  18.  Chief executive officeres of organistaion that entered into agreements with the Government of the Republic of Kazakhstan for investments in the amount of more than $ US 50 mln. and chief executive officers of the Kazakhstani legal entities which are carrying out investment acitivity in the priority business activities under the contract with the authorised state investment agency;
  19. Employees of national management holding company  in positions of  heads of structural subdivisions with higher education confirmed documentarily in manner established by laws of the Republic of Kazakhstan;
  20. Board Members of national management holding company.

Foreign Labor Categories

Category-1

Category-2

Category-3

Category-4

chief executives and their deputies

heads of organization departments, that meet qualification requirements established by the Competency Catalogue for heads, specialists and other employees, standard qualification profiles for heads, specialists and other employees of organizations

specialists, that meet qualification requirements established by the Competency Catalogue for heads, specialists and other employees, standard qualification profiles for heads, specialists and other employees of organizations

qualified workers, that meet qualification requirements established by the Uniform Wage-Rates and Skills Guide for jobs and occupations of manual workers, wage and qualification profiles of manual workers.

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