Foreign labor force is understood as foreigners and stateless persons:
* To carry out labor activities in the territory of the Republic of Kazakhstan, engaged by the employer;
* seasonal foreign workers;
* self-employed people;
* temporarily translated within the framework of corporate translation.
Foreign employee-immigrants attracted by the employer to carry out labor activities in the territory of the Republic of Kazakhstan.
Who should apply for a permit?
An employer who plans to attract foreign labor applies for a permit. Employees do not independently apply for such a permit.
If an employer-a foreign legal entity carrying out its activities in Kazakhstan without establishing a branch or representative office sends its employees to the Republic of Kazakhstan under a contract for the performance of works, the provision of services, the registration of documents in connection with their obtaining a permit is carried out by a legal entity (including a foreign legal entity operating in the Republic of Kazakhstan through a branch or representative office) in favor of which the work is performed (paragraph 14 of the rules for issuing permits).
Who issues a permit to attract foreign labor?
The decision to issue a permit 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 decision is made by the local executive body on the basis of recommendations of the commission established by the local executive body.
The relationship between local and foreign employees.
Permits are issued by the local executive body within the quota allocated by the authorized body for employment issues.
The number of previously issued permits valid on the territory of the relevant administrative-territorial unit should not exceed the number of quotas allocated by the authorized body for employment of the population for attracting foreign labor for the corresponding calendar year.
Local executive body::
1) not less than 70% of the list number of employees belonging to the first and second categories of citizens of the Republic of Kazakhstan;;
2) issuing and (or) extending a permit in compliance with the conditions for the number of citizens of the Republic of Kazakhstan to be at least 90% of the list number of employees belonging to the third and fourth categories.
When calculating local content in personnel, citizens of the states parties to the Treaty on the Eurasian Economic Union ratified by the law of the Republic of Kazakhstan dated October 14, 2014 are not counted among foreign workers.
Categories of employees when obtaining a permit
In order to determine the procedure and conditions for issuing and / or extending a permit, the following categories of employees are established::
1) the first category – the first managers and their deputies;
2) the second category – heads of structural divisions that meet the qualification requirements established by professional standards, the qualification directory of positions of managers, specialists and other employees, standard qualification characteristics of positions of heads, specialists and other employees of organizations;
3) the third category – specialists who meet the qualification requirements established by professional standards, the qualification directory of positions of managers, specialists and other employees, standard qualification characteristics of positions of managers, specialists and other employees of organizations;
4) the fourth category – skilled workers who meet the qualification requirements established by professional standards, the unified tariff and qualification directory of Works and working professions, and the tariff and qualification characteristics of working professions.
Validity period of the permit for attracting foreign labor
Permission to attract foreign labor:
1) for the first category-for one, two or three years with the right to extend the permit period for one, two or three years on the basis of the employer's application;
2) for the second and third categories – for a period of twelve months, but not more than three times with an extension of twelve months;
3) for the fourth category – for twelve months without the right of extension;
4) for seasonal foreign employees – for a period of up to twelve months without the right of extension.
It is not allowed to attract foreign labor in the following cases.
1) exceeding the amount of the allocated quota;
2) the employer has not complied with the conditions established by item 16 of these rules;
3) non-fulfillment of obligations to replace foreign labor under the fourth category;
4) attracting foreign labor in cases where the employer has established the fact of attracting foreign employees without a permit, as well as attracting a foreign employee to a profession or specialty that does not correspond to the profession or specialty specified in the permit. In this case, new permits are not issued for twelve months from the date of establishing such a fact;
5) the level of Education (Professional Training) and practical work experience (work experience) of the foreign labor force in accordance with professional standards, the unified tariff and qualification directory of Works and working professions and the qualification directory of positions of managers, specialists and other employees, the standard qualification characteristics of positions of heads, specialists and other employees of organizations., in case of non-compliance with the qualification requirements for the positions of specialists and employees, it is not allowed or extended to attract foreign labor.
A permit issued by a local executive body may not be issued to other employers, it is valid only on the territory of the relevant administrative-territorial unit.
At the same time, the employer is allowed to send foreign employees with a permit to enterprises and organizations located on the territory of other administrative-territorial units for a period of no more than ninety calendar days in total during one calendar year.
The permit for attracting foreign labor is terminated in the following cases::
1) the term for which it was issued has expired;
2) revocation of the permit;
3) termination of the activity of the individual employer, liquidation of the legal entity employer;
4) voluntary return of the permit by the employer to the local executive body;
5) did not enter copies of documents confirming payment of the fee for issuing and extending the permit;
6) reissue of the permit to another foreign employee.
Liability for violation of the rules for attracting foreign labor
In accordance with Parts 1, 2 and 3 of Article 519 of the Code of administrative offences of the Republic of Kazakhstan, attracting foreign labor by an employer without the permission of a local executive body or using the labor of foreigners and (or) stateless persons who do not have certificates of compliance with qualifications for self-employment issued by a local executive body or permits issued by internal affairs bodies to a labor immigrant – individuals – thirty, officials – fifty, small business entities or non-profit organizations – entails a fine in the amount of one hundred, medium – sized businesses-two hundred, large businesses-seven hundred monthly calculation indices.
Attracting a foreign employee by an employer to a position (profession or specialty) that does not correspond to the position (profession or specialty) specified in the permit of the local executive body to attract foreign labor entails a fine for individuals – thirty, officials – fifty, small businesses or non – profit organizations – one hundred, medium – sized businesses-two hundred, large businesses-seven hundred monthly calculation indices.
In accordance with subparagraph 13 of Article 193 of the Labor Code of the Republic of Kazakhstan, when exercising state control over compliance with the labor legislation of the Republic of Kazakhstan, state labor inspectors have the right to conduct inspections: for compliance by employers with the procedure and conditions for attracting foreign labor, established by the legislation of the Republic of Kazakhstan on employment and the legislation of the Republic of Kazakhstan on migration of the population.
As a result of an unscheduled inspection conducted by the Department of state labor inspection of Atyrau region in 2019, it was found that 180 foreign workers held positions that did not correspond to the issued permits in the specialty, and 123 foreign citizens ' Education did not correspond to their positions, and the permits of foreign citizens were revoked. In addition, in 2020, inspections were carried out in 2 companies on compliance with the legality of attracting foreign labor, as a result of which 1 foreign worker held positions that do not correspond to the issued permit, and the permits of foreign citizens were revoked. This year, as a result of preventive control and supervision, it was found that 3 foreign workers held positions that do not correspond to the issued permits, and the permits of foreign citizens were revoked.
State Labor Inspector of Atyrau region Mukhanova G. D.