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The branch Manager is a foreigner

According to the decree of the government №802 from 15.12.2016, paragraph 16:"the first heads of Kazakhstan legal entities and their deputies with one hundred percent share of foreign participation in their authorized capital". The partnership consists of 100% foreign participation and has a branch in Almaty. The question is whether the head of the branch to this point, since the branch is a special unit of the Partnership?

Answer:

The Ministry of labour and social protection of population of the Republic of Kazakhstan having considered Your appeal, informs the following.

In accordance with paragraph 16 of the List of persons whose employment does not require the permission of local executive bodies to hire foreign labor, approved by the Government of the Republic of Kazakhstan dated December 15, 2016 № 802, the List does not apply to foreigners and stateless persons working as the first heads of branches or representative offices of foreign legal entities, as well as the first heads of Kazakhstan legal entities and their deputies with one hundred percent foreign participation in their authorized capital.

Thus, Kazakhstan legal entities with one hundred percent share of foreign participation in their authorized capital when attracting a foreign employee to the branch are required to obtain permission from local executive bodies.

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