Please help to deal with the following questions regarding hiring an employee for remote work. According to article 138 of the Labor Code of the RK provides for the possibility of remote employment of the employee (i.e., the employee of the labor process outside the location of the employer with the use of information and communication technologies in the process). It follows from the chapter that most of the issues should be regulated in the labour contract.
Answer: in essence, the questions you have voiced, we inform the following.
On the first and second question
In accordance with article 138 of the Labor Code of the RK (hereinafter – the Code) provides for remote work, which is a special form of the labor process outside the employer's location with the use of information and communication technologies.
Thus, you have the right to hire on remote work an individual, including a citizen of a foreign country, who will carry out their work remotely in the country of permanent residence
At the same time, for employees engaged in remote work, a fixed accounting of working time is established, the features of control over which are determined in the labour contract. For such workers engaged in remote work, obtaining permission to attract foreign labor is not required.
On the third question
It should be noted that in accordance with paragraph 2 of article 8 of the Code establishes that the Code applies to employees and employers located in the territory of the Republic of Kazakhstan, including branches and (or) representative offices of foreign legal entities that have been registered, unless otherwise provided by laws and international treaties ratified by the Republic of Kazakhstan.
In this regard, since the labor legislation of the Republic of Kazakhstan does not have rules that clearly regulate the legislation of which country in such a case should be guided by the parties to the employment contract, we consider it possible to choose the right to apply the parties by agreement of the parties, namely, in the labour contract to specify the legislation of which state the employer and employee will be guided.