Foreign Labour


       According to the Law of Republic Kazakhstan from January, 23rd, 2001 “About population employment” the Republic Kazakhstan Government DECIDES:
1. To bring in the governmental order of Republic Kazakhstan from June, 19th, 2001 #836 “About measures on realization of the Law of Republic Kazakhstan from January, 23rd, 2001 “About population employment” (Republic Kazakhstan’s SAPP, 2001, #23, item 288) following change: Rules of definition of a quota, condition and an order of delivery of permissions to employers on attraction of a foreign labor in the Republic Kazakhstan, confirmed by the specified decision to be reworded as follows according to the appendix to the present decision.      
2. The present decision is installed since June, 1st, 2008 and is subject to official publication.        
The Prime-minister of Republic Kazakhstan

1. The present Rules of definition of a quota, condition and order of delivery of permissions to employers on attraction of a foreign labor in Republic Kazakhstan (further - Rules) are developed according to the Law of Republic Kazakhstan from January, 23rd, 2001 "About population employment" and establish an order of definition and distribution of a quota, a condition and an order of delivery of permissions to employers on attraction of a foreign labor in Republic Kazakhstan.

2. In the present Rules following basic concepts are used:  

1) Foreign labor (foreign workers) - foreigners and persons without the citizenship, involved with the employer for realization of labor activity in Republic Kazakhstan territory;

2) The employer - physical or the legal body with whom the worker consist in labor relations;

3) The permissions to attraction of a foreign labor (further - the permission) - the document of the established form according to the appendix 1, given out by the authorized body to the employers for attraction in Republic Kazakhstan of the foreign worker for the term of no more than one working year within a quota distributed by the central executive office, except for the cases provided by point 19 of the present Rules;

4) Quota on attraction of a foreign labor (further - a quota) - established annually the Government of Republic Kazakhstan a share of a foreign labor in percentage terms to number of economically active population of republic;

5) Vacancy - a free workplace (post) at the employer;

6) The central executive office - a state structure coordinating realization of a state policy in sphere of employment of the population;

7) The authorized body - a local executive office;

8) Seasonal agricultural works - agricultural works which owing to natural and environmental conditions are carried out during the certain period (season).

3. Action of the present Rules does not extend on foreigners and persons without citizenship:

1) Branches working as the first heads or representations of foreign legal bodies;

2) Being in the business trip which term does not exceed totally 60 calendar days within one calendar year;

3) Attached to the legal body of Republic Kazakhstan, branches and representation of foreign legal bodies according to the contract for the term of more than 60 calendar days.

      Mission of foreigners to the legal body of Republic Kazakhstan, for the term of more than 60 calendar days according to the list assured by authorized body according to the appendix 2 it is supposed to branches and representations of foreign legal bodies under a condition by sending the Kazakhstan personnel for the purpose of vocational training, retraining and improvement of professional skill by concrete trades (specialities) to the foreign legal body from whom for similar term and in the same quantity or directions of the Kazakhstan citizen on training foreign experts go to educational institutions in the state of a finding of the foreign legal person in the same quantity.

      Term of mission should not exceed 180 calendar days;

4) The organization working as the first heads who have concluded with the Government of Republic Kazakhstan contracts for the sum of investment in a money's worth over 50 million of US dollars, and the first heads of legal bodies of the Republic Kazakhstan which carrying out investment activity in priority kinds of activity and have concluded the contract with authorized body under investment;

5) Diplomatic representatives being employees and the international organizations, workers of the consular establishments accredited in Republic Kazakhstan;

6) Arriving within the limits of the international contracts of Republic Kazakhstan on rendering of the charitable, humanitarian help and granting of grants;

7) The foreign mass media being representatives accredited in Republic Kazakhstan;

8) Crew of river crafts being members, air, railway and the motor transport, belonging to the foreign organization;

9) Working as actors, directors, conductors, chorus masters, ballet masters, artists, tutors, sportsmen and trainers;

10) Constantly living in Republic Kazakhstan;

11) The refugee who received the status or political asylum in Republic Kazakhstan territory;

12) Trained on a full-time course of study and simultaneously working in Republic Kazakhstan educational institutions during free time from study;

13) Carrying out pedagogical activity in the organization of the general of average, technical and professional, after secondary school and higher education of republic Kazakhstan, according to the international contracts of Republic Kazakhstan on cooperation in an education sphere, but 25 percent making no more from organization staff;

14) Oralmans (an ethnic Kazakh who has returned to his or her ethnic motherland from other countries of the Central Asian region);

15) Being experts in creation of a space rocket complex and the operation of objects of a land space infrastructure involved within the limits of the international contracts of Republic Kazakhstan about cooperation in sphere of space activity;

16) Working in regional financial city centre Almaty on posts of heads and experts with after secondary school and higher education with the confirmed documents in an order established by the legislation of Republic Kazakhstan.

       At attraction of foreigners and persons without citizenship according to subparagraphs 1), 4), 8), 9), 12), 13) and 15) the present point the employer represents the information to the authorized body under the form according to the appendix 3 to the present Rules.

      At attraction of foreigners as heads of branches and representations of foreign legal bodies the copy of the power of attorney is applied on the specified information on management of branch, the representation, given out by the foreign legal body.

4. The authorized body annually till October, first on the basis of the analysis of home market of work and demands of the employers directed till September, first, represents to the central executive office a substantiation of attraction by the employer of a foreign labor forthcoming year according to the appendix 4.

5. Interested state structures annually till the 1st of October can make offers by quota definition on attraction of a foreign labor in the central executive office.

6. The central executive office on the basis of offers of the authorized bodies and interested state structures annually till the 1st of December brings in the Government of Republic Kazakhstan the project of the decision of the Government of Republic Kazakhstan about a quota establishment forthcoming year.

7. The central executive office within fifteen calendar days after acceptance by the Government of Republic Kazakhstan of the decision on a quota establishment distributes it between areas, the cities of Astana and Almaty taking into account a situation on a labor market and requirements of economy of corresponding area, the cities of Astana and Almaty in a labor for development of manufacture and realization of investment projects, including with participation of the foreign capital, and also introduction of progressive foreign technologies.

8. The authorized bodies on the basis of offers of employers can make the offer in the central executive office about increase in a quota at current year in case of increase in amount of works which demand attraction of foreign labor.

9. The central executive office on the basis of offers of the interested state or authorized bodies can carry out redistribution of the confirmed quota between area, the cities of Astana and Almaty within a quota established by the Government of Republic Kazakhstan.

10. The permission to attraction of a foreign labor stands out on following categories of workers: 1) The first category - on attraction of the first heads with higher education and the work experience on supervising posts in a corresponding field of activity not less than five years;

2) The second category - on attraction of heads and the experts corresponding to qualifying requirements, the established qualifying directory of posts of heads, experts and other employees; 3) The third category - on attraction of qualified workers with corresponding vocational training and the work experience according to the Uniform tarific-qualifying directory of works and trades of workers, tarifno -qualifying characteristics of trades of workers;

4) The fourth category - on attraction of the workers occupied on seasonal agricultural works according to the international contracts on cooperation in the field of labor migration and social protection of workers-migrants.

11. The authorized body gives out the permission in the presence of free workplaces and absence of possibility to satisfy a labor demand at the expense of home market of work within a quota distributed by the central executive office.

      Search of corresponding nominees in work home market is carried out by publication by the employer in republic and local periodicals of announcements of available vacancies, and considerations by the authorized body of offers on vacant posts from republican and regional consideration by the authorized body of offers on vacant posts from republican and regional databases.

12. Search in work home market is not carried out at attraction:

1) The first heads of legal bodies of Republic Kazakhstan in which authorized capital stock the share of participation foreign legal and (or) physical persons makes not less than 50%;

2) The first heads of legal bodies of Republic Kazakhstan in which authorized capital stock the share of     participation foreign legal and (or) physical persons makes not less than 50%;

3) Teachers and science officers of higher education institutions and the scientific organizations;

4) Foreign workers the organization participating in realization of project within the limits of the Program "30 corporate leaders of Kazakhstan"

5) Members of crew of sea-craft;

6) The workers occupied on seasonal agricultural works according to the international contracts on cooperation in the field of labor migration and social protection of workers-migrants.

13. The decision of a question of delivery of the permission is accepted by the authorized body on the basis of criteria of an estimation of qualifying characteristics of involved foreign workers.

14. The estimation of qualifying characteristics of involved foreign workers is spent by the authorized body on the basis of the analysis of the documents presented by the employer.

15. According to criteria to the involved foreign worker following points are charged:

1) Education:

The scientific degree or higher education on a speciality, necessary for post employment on which applies the foreign worker - 25 points;

Higher education - 20 points;

Technical and vocational training - 15 points;

2) The work experience on a speciality in a field of activity of activity of the organization corresponding to a principal view:

1-3 year - 15 points;

4-6 year - 20 points;

7 years and above - 25 points;

3) Presence (absence) of demand for a concrete speciality (trade) on a labor market, according to the list, annually established by the central executive office on the basis of offers of local executive powers:

The speciality (profession) is in demand - 25 points;

The speciality (profession) is not in demand - 15 points;

Subparagraph 3) point 15 of the present Rules does not extend on foreign workers involved on the first category.

16. Threshold value of results of an estimation of qualifying characteristics of the involved foreign worker makes:

On the first category - 35 points;

On the second category - 55 points;

On the third category - 55 points;

17. On the involved foreign worker by result of an estimation of its qualifying characteristics the separate inquiry according to the appendix 5 is made.     

18. On the foreign workers involved as workers for seasonal agricultural works according to the international contracts on cooperation in the field of labor migration and social protection of workers-migrants the estimation of qualifying characteristics is not carried out.     

19. The permission stands out on period of validity of the labor contract at attraction of a foreign labor in quality:     
The first heads of legal bodies of Republic Kazakhstan in which authorized capital stock the share of participation foreign legal and (or) physical persons makes not less than 50%;     
Councilors of directors of joint-stock companies of Republic Kazakhstan in whom not less than 50% of actions belongs to the state either foreign legal or to physical persons.       

20. The authorized body at delivery of permissions assign to the employer under the preliminary written coordination with it execution of following special conditions according to the appendix 6:      1) Vocational training or retraining of citizens of Republic Kazakhstan on specialities on which the foreign labor or on the specialities claimed on a labor market with the subsequent replacement of a foreign labor by the Kazakhstan shots is involved;     
2) Improvement of professional skill of citizens of Republic Kazakhstan with the subsequent replacement of a foreign labor with the Kazakhstan shots;     
3) Replacement of a foreign labor with the Kazakhstan shots;     
4) Creation of additional workplaces for the workplace for the Kazakhstan citizens at increase in volumes of performed work.      
Putting on of special conditions is carried out taking into account an aggregate number of the foreign workers involved with the employer.   
On the employers involving:     
More than 50 foreign workers are assigned the special conditions provided by subparagraphs 1), 2) and 3) point 20 of the present Rules;     
From 10 to 50 foreign workers, the special conditions provided by subparagraphs 2) and 3) of point 20 of the present Rules are assigned;     
Less than 10 foreign workers are assigned the special conditions provided by subparagraph 2) of point 20 of the present Rules.     
The special conditions provided by subparagraph 4) of point 20 of the present Rules are assigned at increase in volumes of performed work at the employer.     
Conditions of the present point do not extend on the employers involving a foreign labor in quality:

The first heads of legal bodies Republic Kazakhstan in which authorized capital stock the share of participation foreign legal and (or) physical persons makes not less than 50%;     
Councilors of directors of joint-stock companies of Republic Kazakhstan in whom not less than 50% of actions belongs to the state either foreign legal or to physical persons;     
Workers for seasonal agricultural works according to the international contracts on cooperation in the field of labor migration and social protection of workers migrants;     

21. For reception of the permission to attraction of a foreign labor on the first and second category the employer or the person authorized by it represents to the authorized body in a place of realization of labor activity of a foreign labor the statement according to the appendix 7 on which the documents specified in the appendix 8 to present Rules are applied.     

22. For reception of the permission to attraction of a foreign labor on the third category the employer or the person authorized by it represents to the authorized body in a place of realization of labor activity of a foreign labor the statement according to the appendix 7 on which the documents specified in the appendix 9 to present Rules are applied.     

23. For reception of the permission to attraction of a foreign labor on the fourth category the employer or the person authorized by it represents to the authorized body in a place of realization of labor activity of a foreign labor the statement according to the appendix 7 on which data on involved foreign workers with instructions are applied: surnames, a name, a patronymic, date and year of a birth, citizenship, the country of constant residing, the country of departure, formation and the received speciality, the name of trades (speciality) according to applied in Republic Kazakhstan the Uniform tarifno-qualifying directory of works and trades of works.     

24. The decision on delivery (about refusal in delivery) permissions is accepted by the authorized body within twenty working days from the date of acceptance of documents under the recommendation of the Commission about delivery and prolongation or term of permissions to attraction of a foreign labor (further – the Commission), created by the authorized body.     

25. The Commission structure joins representatives of territorial bodies of the central executive office and the Republic Kazakhstan Ministry of Internal Affairs.     

26. At Commission session representatives of the employer can participate. The authorized body should inform in written the employer on date and time of session of the Commission on which the documents presented by the employer will be considered.     

27. The authorized body in written notifies the employer on the accepted decision within five working days from the date of its acceptance.     
The employer after notice reception represents to the authorized body within ten working days the documents guaranteeing departure of a foreign labor to a place of constant residing after period of validity of permissions (a contact copy between bank and the employer and the document confirming entering of guarantee payments onto the bank account of the employer).     
In case of decision-making on refusal in permission delivery the authorized body specified its bases according to point 35 of the present Rules.     

28. In case of presence on a labor market of offers the authorized body considers a nominee of the Kazakhstan citizen applying for employment of a vacant post with participation of the representative of the employer. Time and meeting place is defined by the authorized body on what the employer and the corresponding applicant is informed.     

29. In case of a deviation the employer of a nominee of the Kazakhstan citizen with corresponding vocational training and an operational experience, applying for employment of a vacant workplace of the qualified worker because of insufficiency at them special knowledge, skill the permission to attraction of the foreign worker stands out for vocational training, retraining, improvement of professional skill of the Kazakhstan citizens which nominees are rejected or from among workers of the employer.     

30. Within five working days from the date of decision-making on delivery (term prolongation) permissions the authorized body represents data on involved foreign workers with instructions: surnames, a name, a patronymic, date and year of birth, citizenship, the country of constant residing, the country of departure, formation, the name of trades (speciality) and a post in the central executive office, the Ministry of Internal Affairs of Republic Kazakhstan and Committee of national safety of Republic Kazakhstan.     

31. In the permission, the given out organization participating in realization of projects within the limits of the Program “30 corporate leaders of Kazakhstan”, the name of the corresponding project is underlined.     

32. The permission given out by authorized body operates only in territory of a corresponding administrative and territorial unit and is not subject to transfer to other employers except for cases of the present Rules provided by point 33.     

33. In case of presence of amounts of work, and also for performance of functional duties in territory of several areas either) the cities os Astana and (or) Almaty the authorized body under the statement of the employer and in coordination with the central executive affice gives out to necessity of constant presence of foreign workers the permission to attraction of a foreign labor for realization of labor activity in two and more areas, and also cities of Astana and (or) Almaty.

34. In case of cancellation of the labor contract with the foreign workers involved on the first, second and third categories before the termination of period of validity of the permission the employer can involve other foreign worker at conformity to its qualifying requirements established for this post (trade) for term remained to expiry of the term of action of the permission as it should be established present Rules. Thus, representation of the documents provided by subparagraph 1), 2) and 3) appendices 8, 9 to the present Rules, it is not required.     

35. The permission does not stand out in following cases:     
1) Incomplete registration (representation) of the document provided by the present Rules;
2) Default of special conditions of the permissions which have been given out for the last and following calendar years which date of performance has come (at their presence);     
3) Excess of the distributed quota;     
4) Discrepancies of the involved foreign worker of a demanded category and qualification;     
5) If result of an estimation of qualifying characteristics of the involved foreign worker below the threshold value established by point 16 of the present Rules;     
6) Presence of corresponding offers in work home market;     
7) Attraction by the employer of other foreign worker without permission; In this case the permission does not stand out within one working year from the date of an established of the similar fact.      

36. At disagreement with the decision of the authorized body the employer can appeal against the made decision according to the legislation.     

37. Prolongation of term of the permission is carried out under the statement of the employer by the authorized body within the distributed quota for corresponding area, cities of Astana and Almaty.      Prolongation of term of the permission for the first and the second categories is carried out no more than two times. For the third and fourth categories prolongation of term of the permission is not carried out.      
Prolongation of term of the permission which have been given out to the organizations, participating in realization of projects within the limits of the Program of “30 corporate leaders of Kazakhstan” is carried out during term of realization of the project.     

38. For prolongation of term of the permission the employer directs to the authorized body not less than twenty working days prior to the termination of period of validity of the permission, following documents:     
1) The statement;     
2) The permission original;     
3) The information on performance of special conditions of the permissions which have been given out for the last and flowing calendar years, which date of performance has come (at their presence);     
4) Substantiation of prolongation of term of permission;     

39. The authorized body on the basis of the presented documents within ten working days from the date of giving of documents makes the decision on prolongation of term of the permission or refusal and notifies the employer and the central executive office on the accepted decision within five working days in written form with reason instructions in default.     

40. Prolongation of term of the permission is not carried out in cases:     
1) The incomplete and inadequate official registration of papers provided by the present Rules;     
2) Default of special conditions given out for previous calendar and flowing years of the permissions, which term of performance has come (at their presence);     
3) Presence of corresponding offers on a labor market, established by results of consideration with participation of the representative of the employer of nominees of the Kazakhstan citizens applying for employment of a vacant post. For consideration of corresponding nominees of the Kazakhstan citizens the authorized body defines time of a meeting and informs the employer and the Kazakhstan citizen;     
4) The expiry of the term of action of the permission.     

41. Documents for prolongation of period of validity the permissions presented by the employer after the termination of period of validity of the permission, to consideration by the authorized body are not accepted.     

42. The authorized body has the right to suspend the permission for the term up to three months or to withdraw the permission with the notice in written of the employer with reason instructions.     

43. Permission stay is made in a case not representation in the authorized body in time, established by point 27 of the present Rules of the documents, guaranteeing departure of a foreign labor to a place of constant residing after period of validity of permissions (a contact copy between bank and the employer, the document confirming entering of guarantee payments into the bank account of the employer).     

44. Action of the suspended permission renews under the decision of the authorized body after infringement elimination on what it is informed the employer in written form within ten working days from the date of decision making on renewal.     

45. The authorized body withdraws the permission with the notice in written not less than for a month of the employer with instructions of the reason, the present Rules specified in point 46.     

46. The permission response is made by the authorized body in cases:     
1) Not elimination by the employer of the reason, on which the authorized body suspends permission action;     
2) Defaults by the employer of special conditions of the permissions provided by the present Rules;     
3) Attraction of the foreign worker on a post (a trade or a speciality), not corresponding to a post (to a trade or a speciality) specified in the permission.     
47. The employer within five working days from the date of reception of the notice on a permission response hands over the permission in the authorized body.

48. The authorized body monthly delivers in the central executive office the report on attraction of a foreign labor, performance by the employer of special conditions of permissions under the form established by the central executive office.  

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