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The procedure and conditions for the issuance and (or) extension of permits to employers to attract foreign labor, as well as the implementation of intracorporate transfers

The procedure and conditions for the issuance and (or) extension of permits to employers to attract foreign labor, as well as the implementation of intracorporate transfers

3. In order to determine the procedure and conditions for the issuance and (or) extension of permits, the following categories of employees are established:

      1) the first category - leaders and their deputies;

      2) the second category - the heads of structural divisions, corresponding to the qualification requirements established by professional standards, the qualification directory of positions of managers, specialists and other employees, typical qualification characteristics of positions of managers, specialists and other employees of organizations;

      3) the third category is specialists corresponding to the qualification requirements established by professional standards, the qualification directory of positions of managers, specialists and other employees, typical qualification characteristics of positions of managers, specialists and other employees of organizations;

      4) the fourth category is qualified workers, corresponding to the qualification requirements established by professional standards, the Unified tariff-qualification reference book of works and occupations of workers, the tariff-qualifying characteristics of the occupations of workers.

      3-1. Regulations of the Rules applicable to foreign workers are also applied to foreigners and stateless persons who are employed for work in the Republic of Kazakhstan within the framework of internal corporate translation or in accordance with paragraph 31 of the Rules.

4. The local executive body issues permits within the quota distributed by the authorized body on employment issues.

5. The number of valid, previously issued permits in the territory of the relevant administrative-territorial unit does not exceed the number of quotas allocated by the authorized body for employment issues to attract foreign labor for the corresponding calendar year.

6. Issuance and (or) renewal of permits by the local executive authority shall be subject to the following conditions:

      1) the number of citizens of the Republic of Kazakhstan is not less than 70% of the number of employees belonging to the first and second categories;

      2) the number of citizens of the Republic of Kazakhstan is not less than 90% of the list size of workers belonging to the third and fourth categories.

      When calculating local content in cadres, among the foreign workers, citizens of the states parties to the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan on October 14, 2014, are not taken into account.

      Information on local content in the cadres by the employer is submitted to the local executive body in the form in accordance with Annex 2 to the Rules.

7. The effect of paragraph 6 of the Rules does not apply to:

      1) subjects of small business;

      2) state institutions and enterprises;

     3) a foreign worker who arrived for independent employment in the Republic of Kazakhstan in accordance with subparagraph 21) of Article 7 of the Law of the Republic of Kazakhstan of April 6, 2016 "On employment";

      4) permits issued within the limits of quotas for countries of origin, in the presence of international treaties ratified by the Republic of Kazakhstan on cooperation in the field of labor migration and social protection of migrant workers;

      5) representative offices and branches of foreign legal entities with a staff of no more than 30 people.

8. The conditions for local content in the staff for priority projects are determined by the interested central state bodies in agreement with the local executive body on the territory of which the projects are implemented and the authorized body for employment issues in accordance with the established form in accordance with Annex 3 to the Rules.

      8-1. Regulations of the Rules applicable to employers are also applied to legal entities, branches, representative offices of a foreign legal entity registered in the territory of the Republic of Kazakhstan, attracting foreign labor in the framework of intracorporate transfers or in accordance with paragraph 31 of the Rules.

9. For the issue and (or) renewal of the permit from employers, a tax fee (hereinafter referred to as the fee) is levied in accordance with the rates of the fee for the issuance and (or) extension of the permit to attract foreign labor to the Republic of Kazakhstan, approved by the Government of the Republic of Kazakhstan on August 18, 2016 year № 459 "On the establishment of rates of fees for the issuance and (or) extension of the permit to attract foreign labor to the Republic of Kazakhstan."

10. In order to obtain a permit, the employer or the person authorized by him through the information system "State database" E-licensing "or in paper form submits to the local executive body at the place of employment of the foreign workforce, in accordance with Annex 4 to the Rules, , submitted for obtaining a permit to attract foreign labor in accordance with Annex 5 to the Rules, as well as information on foreign employees involved, indicating the names (including Latin letters), date of birth, citizenship, number, date and issuing authority of the passport (identity document), country of permanent residence, country of departure, education, name of the specialty, qualification (position) in accordance with the professional standard supplied in the Republic of Kazakhstan, the Qualification directory of positions of managers, specialists and other employees, the standard qualification characteristics of the posts of managers, specialists and other services boiling, unified tariff-schedule of works and professions of workers, tariff and qualifying characteristics trades workers and the State Classifier of the Republic of Kazakhstan 01-99 "Engagement classifier".

11. In cases of submission of incomplete volume and (or) non-completion of the documents specified in clause 10 of the Rules, the local executive body returns the documents attached to the application within three working days from the date of their receipt and issues a written justification for the return of documents to the employer with the indication of documents not submitted and (or) not filled in the established form according to the Rules).

      When accepting documents in paper form, the local executive body issues a receipt to the employer indicating the list of accepted documents in accordance with Annex 6 to the Rules.

12. Permits to attract foreign labor are issued for a period of:

      1) for the first category - for twelve months, with an extension annually for a period of twelve months;

     2) for the second and third categories - for twelve months, with an extension for a period of twelve months, but not more than three times;

      3) for the fourth category - for twelve months without the right of extension;

      4) for seasonal foreign workers - up to twelve months, without the right to extend.

13. 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.

      The local executive body decides on the basis of the recommendations of the Commission on the issue of work permits (hereinafter - the Commission), created by the local executive body.

14. The Commission includes representatives of the internal affairs bodies, the education authority and the local labor inspectorate.

15. The employer or his representative participates in the meeting of the Commission at his own discretion. The local executive body shall post information on the date, time and place of the Commission's meeting on its official Internet resource at least three working days before the date of the meeting.

16. The local executive body, through the "State database" E-licensing "information system," or informs the employer in writing about the decision to grant or refuse to issue, extend or refuse to extend the permit within one working day after the day of its adoption.

17. In the event that a decision is taken to grant and / or extend a permit, the local executive body shall notify the employer in accordance with Annex 7 to the Rules.

18. If a decision is made to refuse to grant or refuse to extend a permit, the local executive body shall indicate its grounds in accordance with paragraph 21 of the Rules.

19. The employer, from the date of receipt of the notification of the issuance of the permit through the information system "State database" E-licensing "or in hard copy, submits to the local executive body, within ten working days, copies of documents confirming the fee for issuing the permit.

      If the employer fails to provide the documents confirming the payment of the fee within ten working days from the date of receipt of the notification to the local executive body, the decision of the local executive authority for issuance of the permit, as well as the permission, shall be terminated in accordance with subparagraph 5) of paragraph 33 of the Rules.

20. The local executive body, through the information system "State database" E-licensing "or in paper form, issues a permit to the employer within two working days from the date of receipt of copies of the documents specified in paragraph 19 of the Rules.

      If the employer does not show up after two business days for obtaining a permit, the local executive body sends a permit to the employer's registration address by mail with receipt of a notification of receipt of the mail.

21. Permission to attract foreign labor is not issued and not extended in the following cases:

      1) exceeding the size of the distributed quota;

      2) non-compliance by the employer with the conditions set forth in Clause 6 of the Rules;

      3) establishing the fact of employing foreign workers without permission. In this case, no new permits are issued within twelve months from the date of establishment of such a fact;

      4) the discrepancy between the level of education (vocational training) and the experience (experience) of the practical work of the foreign labor force with the qualification requirements for the occupations of the workers and the positions of managers, specialists and employees, in accordance with professional standards, a single tariff-qualification reference book for the work and profession of workers and Qualification directory of managers, specialists and other employees, typical qualification characteristics of positions of managers, specialists and friend x employees organizations.

22. Re-registration of a previously issued permit for another foreign worker is allowed upon non-arrival of the foreign worker to whom the permit was issued, to the place of employment or termination of the employment contract with him before the expiration of the validity of the permit for attracting foreign labor with the assignment of a new number in accordance with his qualifications approved in accordance with the procedure provided for by subparagraph 16-1) of article 16 of the Labor Code of the Republic of Kazakhstan of November 23, 2015, established for this profession and the term to expiry of the original authorization, in accordance with the Rules.

      At the same time, the employer sends documents to the local executive body for a foreign employee, to whom the permit, provided for in these Rules, is reissued. The original permission is subject to termination in accordance with subparagraph 6) of paragraph 33 of the Rules.

23. The decision to re-issue a previously issued permit for another foreign employee is made by the local executive body within five working days from the date of adoption of the documents, without consideration at the meeting of the Commission.

24. In order to extend the period of validity of the permit, the employer sends the following documents to the local executive body via the "State database" E-licensing "information system in paper form at least 30 calendar days before the end of the validity period of the permit:

      1) the application;

      2) information on local content in frames in accordance with Annex 2 to this Regulation;

      3) information on the foreign employee involved;

      4) a copy of the document certifying the identity of the foreign worker.

25. The local executive body, on the basis of the documents submitted, within three working days from the date of adoption of the documents, takes a decision to extend the period of authorization to employ foreign labor or refuse to continue.

      In the case of a positive decision of the local executive body to extend the validity of the permit, the permit is extended for twelve months, with the validity of the permit beginning on the expiration date of the previously issued permit.

      The decision to extend the permit is carried out by the local executive body without consideration at the meeting of the Commission.

26. The local executive body sends an extension notice to the employer or refuses to renew the permit through the "State database" E-licensing "information system" or in paper form within one working day after the day of the decision to extend or refuse to extend the term permission to employ foreign labor.

27. The employer, upon receipt of the notification of the extension of the permit through the information system "State database" E-licensing "or in hard copy, submits to the local executive body, within ten working days, copies of documents confirming the contribution for renewal of the permit.

28. If the employer fails to provide the documents confirming the payment of the fee within ten working days from the date of receipt of the notification to the local executive body, the local executive body shall take a decision to terminate the permit for attracting foreign labor.

29. The local executive body, through the information system "State database" E-licensing "or in paper form, issues a permit to the employer within two working days from the date of receipt of a copy of the document specified in paragraph 27 of the Rules. If the employer does not show up after receiving the permit after three working days from the date of the copy of the document specified in clause 27 of the Rules to the local executive body, the local executive body sends a permit to the employer's registration address by mail with receipt of notification of receipt of the mail.

30. The permit issued by the local executive body is not transferable to other employers, it only acts on the territory of the respective administrative-territorial unit.

      At the same time, it is allowed to send foreign workers, on whom permits have been received, on business trips to enterprises, organizations located on the territory of other administrative-territorial units for a period that does not exceed ninety calendar days in a single calendar year.

31. In the event that a foreign legal entity that is an employer operating in the Republic of Kazakhstan without establishing a branch or representative office sends its employees to the Republic of Kazakhstan under a contract for the performance of work, the provision of services, or in the event that the foreign legal entity employer directs their employees in the Republic of Kazakhstan for the performance of work, the provision of services to a subsidiary organization, a representative office, a branch of a foreign legal entity in which such foreign legal entities - the employer directly or indirectly has shares or participatory 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 the foreign workforce, according to Appendix 4 to the Rules, with the application of documents, submitted for obtaining a permit to attract foreign labor according to Appendix 5 to the Rules.

      For the period of work execution, provision of services under this clause of the Rules, labor relations are regulated 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 worker is made.

32. The local executive body revokes the current permit to attract foreign labor in the following cases:

      1) attracting a foreign employee by profession or specialty, not corresponding to the profession or specialty indicated in the permit;

      2) non-compliance by the employer with the conditions set forth in Clause 6 of these Rules. At the same time, the local executive body responds to the last issued permits, the number of which exceeds the percentage ratios established by Clause 6 of the Rules.

33. Permission to employ foreign labor force ceases to apply in the following cases:

      1) the expiration of the period for which it was issued;

      2) revoking the permit;

      3) termination of the activity of a natural person - the employer, liquidation of a legal entity - employer;

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