On approval of the Rules for establishing quotas for engagement of foreign labor force in the Republic of Kazakhstan and its distribution among regions of the Republic of Kazakhstan, identifying persons whose work does not require permission from local executive bodies to attract foreign labor, and recognizing as declared to be no longer in force of the Government of the Republic of Kazakhstan

New Unofficial translation

Resolution of the Government of the Republic of Kazakhstan No. 802 dated December 15, 2016.

       Unofficial translation
      Footnote. Heading as amended by the Resolution of the Government of the Republic of Kazakhstan No. 501 dated 11.08.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).
      In accordance with clause 1 of Article 37 of the Law of the Republic of Kazakhstan of July 22, 2011 "On Migration of population", subparagraph 2) of Article 6, sub-item 11) of paragraph 2, and clause 3 of Article 32 of the Law of the Republic of Kazakhstan of April 6, 2016 "On Employment" The Government of the Republic of Kazakhstan RESOLVES THAT:
      Footnote. Heading as amended by the Resolution of the Government of the Republic of Kazakhstan No. 501, dated 11.08.2018 (shall be enforced upon the expiry of ten calendar days after its first official publication).
      1. Attached hereto shall be approved Rules for the setting quotas for engagement of foreign labor force to the Republic of Kazakhstan and its distribution among the regions of the Republic of Kazakhstan.
      2. To define:
      1) Being excluded by the Resolution of the Government of the Republic of Kazakhstan No. 501, dated 11.08.2018 (shall be enforced upon the expiry of ten calendar days after its first official publication).

      2) a list of persons whose employment does not require permits from local executive bodies for the engagement of foreign labor force, in accordance with appendix 2 to this resolution.
      Footnote. Item 2, as amended by the Government of the Republic of Kazakhstan No. 501, dated 11.08.2018 (shall be entered into force upon the expiry of ten calendar days after its first official publication).
      3. To declare to be no longer in force some decisions of the Government of the Republic of Kazakhstan in accordance with Annex 3 to this resolution.
      4. This resolution becomes effective from the date of its first official publication, but not earlier than January 1, 2017.
      Prime Minister
      of the Republic of Kazakhstan       B. Sagintayev

Rules for setting quotas for engagement of foreign labor force to the Republic of Kazakhstan and its distribution among regions of the Republic of Kazakhstan 1. General Provisions

      1. The present Rules for setting quotas for engagement foreign labor force to the Republic of Kazakhstan and its distribution among regions of the Republic of Kazakhstan (hereinafter referred to as the Rules) are developed in accordance with the laws of the Republic of Kazakhstan dated April 6, 2016 "On Employment of population" and dated July 22, 2011 " On Migration of the Population "and determine the procedure for establishing quotas for engagement of foreign labor force to the Republic of Kazakhstan and its distribution between regions, a city of republican significance, and the capital.
      2. The norms of these Rules do not apply to foreigners and stateless persons engaged in labor activities on the territory of the Republic of Kazakhstan as part of an internal corporate transfer.
      Footnote. The paragraph 2 as amended by Resolution of the Government of the Republic of Kazakhstan dated 11.08.2018 No. 501 (shall be enforced upon the expiry of ten calendar days after the day of its first official publication).
      3. Main notions used in these Rules are as follows:
      1) employer is a legal entity or individual with whom an employee has an employment relationship;
      2) the authorized body on employment of the population is the central executive body that manages and intersectorial coordination in the field of employment of the population in accordance with the legislation of the Republic of Kazakhstan;
      3) labor immigrants - immigrants who arrived in the Republic of Kazakhstan as domestic workers in order to perform work (services) for employers - individuals in the household on the basis of a permit for the labor immigrant;
      4) labor force is employed and unemployed population;
      5) internal corporate transfer temporary for a period determined by the employment contract, but not more than three years, with the right to extend for one year the transfer of a foreigner or stateless person engaged in labor activity as a chief, manager or specialist in a legal entity established in the country member of the World Trade Organization, located and operating outside the territory of the Republic of Kazakhstan, in branches, subsidiaries, representative offices of this legal entity established in the territory and the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan;
      6) seasonal foreign worker - a foreigner or apatrides employed by the employer to perform seasonal work, which due to climatic or other environmental conditions is performed during a certain period (season), but not more than one year;
      7) foreign labor force-foreigners and apatrides attracted by the employer to work in the Republic of Kazakhstan, including seasonal foreign workers;
      8) the quota for attracting foreign labor force is the maximum allowable amount of foreign labor force permitted by the employer to engage in labor activities in the Republic of Kazakhstan;
      9) country of origin is the country of which a foreigner is a citizen who carries out labor activity in the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan;
      10) a foreign workeris an immigrant, attracted by the employer to carry out labor activities in the territory of the Republic of Kazakhstan.

2. The procedure for setting quotas for engagement of foreign labor force in the Republic of
Kazakhstan and its distribution among regions of the Republic of Kazakhstan

      4. The quota for engagement of foreign labor force is set as a percentage of the labor force and includes:
      1) the quota for engagement of foreign labor force by economic activity;
      2) quota for attracting labor immigrants;
      3) the quota for engagement of foreign labor force in the countries of origin in the presence of international treaties on cooperation in the field of labor migration and social protection of migrant workers ratified by the Republic of Kazakhstan.
      5. The quota for engagement of foreign labor force by type of economic activity for the coming (coming) year (s) determines the maximum allowable amount of foreign labor force that is permitted to attract to employers and to carry out labor activities in the territory of the respective administrative-territorial unit.
      6. Employers annually, until August 1, submit to local executive bodies of regions, cities of republican significance, the capital (hereinafter referred to as local executive bodies), on the territory of which foreign labor force is provided for by foreign workers, the need for foreign labor according to form 1 this Regulation.
      7. Until August 10, local executive bodies summarize the need of employers by kind of activities, taking into account the following requirements:
      1) the demand for labor in the region, including through the envisaged job creation in the framework of the implementation of state, government and territorial development programs;
      2) forecast the number of unemployed citizens and the expected release of workers, as well as the number of graduates of educational organizations implementing technical and vocational education programs, post-secondary, higher and postgraduate education in occupations and professions in which employers provide for the recruitment of foreign workers;
      3) the ability to meet the need for labor at the expense of labor resources, including through training, retraining or advanced training of unemployed citizens, self-employed, released workers by professions and specialties for which the involvement of foreign workers is expected;
      4) assess the effectiveness of the use of foreign labor force in the previous year and the estimated need for foreign labor force for the coming (coming) year (s).
      8. Not later than August 15, local executive bodies shall submit to the Commission on the setting the quotas for the engagement of foreign labors (hereinafter-the Commission):
      1) the need of employers, summarized with the requirements of paragraph 7 of this Regulation;
      2) if necessary, supply, taking into account the forecast of the state of supply and demand in the labor market for the coming (coming) year (s).
      9. The Commission is established by local executive bodies. The Commission includes representatives of territorial internal affairs agencies, local executive bodies in the field of education, entrepreneurship, local labor inspection body, regional chamber of entrepreneurs (as agreed), territorial unions of trade unions at the level of the oblast, city of republican significance and the capital (as agreed).
      The Commission, after considering the needs of employers within three working days, makes recommendations on meeting the needs of employers in the requested foreign labor force for the coming year or on refusal. The Commission’s decision is made separately in relation to each employers application, is documented by a protocol and signed by the members of the Commission present at the meeting.
      10. The needs of employers may be rejected by the Commission in full or in part on the following grounds:
      1) the ability to meet the need for labor at the expense of labor resources, including through training, retraining or advanced training of unemployed citizens, self-employed, and also released workers by professions and specialties for which the involvement of foreign workers is expected;
      2) the presence of employers providing for the attraction of foreign workers of unresolved violations of the procedure for issuing and (or) prolonging the engagement of foreign labor force in the previous and current years;
      3) employers who provide for the engagement of foreign labor force of unresolved violations of the labor legislation of the Republic of Kazakhstan, including overdue wage arrears and other payments to employees in the previous and current years.
      11. Local executive bodies within five working days from the date of the decision of the Commission inform employers about the results of consideration of their needs.
      12. Local executive bodies, in order to set quotas for the engagement of foreign labor force for the upcoming (coming) year (years) before October 1, submit applications for the engagement of foreign labor force according to Annex 2 to these Rules, summarized taking into account the needs of employers for attracting foreign workers for the upcoming year, to the authorized body on employment issues.
      13. If necessary, the interested central state bodies shall, before October 1, make formed proposals for engagement of foreign labor force for the coming (coming) year (s) taking into account the forecast of the state of supply and demand on the labor market for the coming (coming) year (years), coordinated with the local executive body, on the territory of which it is planned to carry out labor activities by foreign employees, with the appropriate justification to the authorized body for matters related to employment of population.
      14. The quota for attracting labor immigrants is set on the basis of the need to engage labor immigrants to carry out labor activities for individuals for work (provision of services) in the household for the coming year.
      15. The need to engage labor immigrants to carry out work activities from individuals for the performance of work (provision of services) in the household for the coming year until August 10 is determined by local executive bodies together with the territorial bodies of internal affairs, taking into account the assessment of the effectiveness of attracting labor immigrants in the previous year and the projected need for labor immigrants for the coming year.
      16. Before September 1, territorial bodies of internal affairs send applications for the need to attract labor immigrants for the coming year for approval to the Ministry of Internal Affairs of the Republic of Kazakhstan in accordance with Annex 3 to these Rules.
      17. The Ministry of Internal Affairs of the Republic of Kazakhstan considers, forms applications for the need to engage labor immigrants for the coming year and, before October 1, forwards the need to attract labor immigrants to the authorized body on employment issues in accordance with Annex 4 to these Rules.
      18. The quota for countries of origin of foreign labor force is established in the presence of international agreements on cooperation in the field of labor migration and social protection of migrant workers, ratified by the Republic of Kazakhstan.
      The quota for the countries of origin is formed by local executive bodies taking into account the forecast of the state of supply and demand on the labor market, conducted at the conclusion of international agreements on cooperation in the field of labor migration and social protection of migrant workers, ratified by the Republic of Kazakhstan, and provided to the authorized body on employment in accordance with Annex 5 to this Regulation.
      19. The authorized body on employment issues on the basis of applications submitted by local executive bodies and the Ministry of Internal Affairs of the Republic of Kazakhstan, forms a quota for engagement of foreign labor force for the coming year.
      20. The authorized body on employment of the population before December 1 submits to the Government of the Republic of Kazakhstan a draft decision of the Government of the Republic of Kazakhstan on the setting quotas for engagement of foreign labor force for the coming year.
      21. The authorized body on employment issues of the population within fifteen working days after the Government of the Republic of Kazakhstan decides to set a quota for engagement of foreign labor force, distributes the quota among regions, a city of republican significance, the capital and places information on the distribution of quotas on its official Internet resource. later than three working days from the date of its distribution.
      22. The distribution of quotas for the engagement of foreign labor force among the regions of the Republic of Kazakhstan by the authorized body on employment of the population is carried out:
      1) by kind of activities and country of origin in accordance with the submitted applications of local executive bodies, formed on the needs of employers, as well as proposals of interested central government bodies and local executive bodies in the context of categories of foreign and seasonal workers;
      2) to attract labor immigrants according to the need to attract labor immigrants, submitted by the Ministry of Internal Affairs of the Republic of Kazakhstan.
      23. The authorized employment body issues on the basis of proposals from interested state or authorized bodies shall redistribute the set quota between regions, the cities of Astana and Almaty, within the quota established by the Government of the Republic of Kazakhstan.

  Annex 1
to the Resolution of the
Government of the
Republic of Kazakhstan
dated December 15, 2016 No. 802

The list of sectors of the economy within which intra corporate translation is carried out

      Footnote. Annex 1 is excluded by the resolution of the Government of the Republic of Kazakhstan dated 11.08.2018 No. 501 (shall be enforced upon the expiry of ten calendar days after the day of its first official publication).

  Annex 2
to the Resolution of the
Government of the
Republic of Kazakhstan
No. 802, dated December 15, 2016

The list of persons whose employment does not require permits from local executive bodies
for the engagement of foreign labor force

      Footnote. The list with amendments issued by the Resolution of the Government of the Republic of Kazakhstan dated 13.04.2018 No. 189 (shall be enforced upon the expiry of ten calendar days after the date of its first official publication).
      Foreigners and apatrides:
      1. Oralmans;
      2. Business immigrants arrived for business activities;
      3. Obtained refugee or asylum-seeker status;
      4. Are immigrants arriving on humanitarian reasons, in accordance with the Law of the Republic of Kazakhstan dated July 22, 2011 "On Migration of population";
      5. Condemned by resolution of the courts of the Republic of Kazakhstan to imprisonment, conditionally, to punishments not related to isolation from society;
      6. Those who are victims of human trafficking for the duration of the proceedings in a particular criminal case related to human trafficking in persons, prior to the entry into force of a court sentence;
      7. Those persons entering into the Republic of Kazakhstan for the purpose of family reunification, having reached the legal age, being the spouse of a citizen of the Republic of Kazakhstan and having been married for at least three years, recognized by the legislation of the Republic of Kazakhstan;
      8. Students in full-time education and at the same time working in educational institutions of the Republic of Kazakhstan in their free time from study in accordance with the labor legislation of the Republic of Kazakhstan;
      9. Are citizens of the states parties to the Treaty on the Eurasian Economic Union dated May 29, 2014;
      10. Members of crews of sea and river vessels, air and rail transport;
      11. Working as artists, stage managers, conductors, choir masters, choreographers, athletes and coaches;
      12. Attracted by participants and bodies of the international financial center "Astana";
      13. Those who are specialists in the creation of a space rocket complex and the operation of ground-based space infrastructure facilities, attracted under the international treaties of the Republic of Kazakhstan on cooperation in the field of aerospace activities;
      14. Carrying out pedagogical activity in accordance with international treaties of the Republic of Kazakhstan on cooperation in the field of education in organizations of secondary, technical and vocational, post-secondary and higher education of the Republic of Kazakhstan, but constituting not more than 25 percent, and for implementing international integrated educational training programs-no more 50 percent of the organization’s staff;
      15. Among the faculty members of higher educational institutions, which have been given special status in accordance with the procedure established by the legislation of the Republic of Kazakhstan, as well as those working in higher education institutions as chiefs and teachers with higher education with confirmed documents in the manner established by the legislation of the Republic of Kazakhstan providing training for industries.
      16. Those who work as the first chiefs of branches or representative offices of foreign legal entities, as well as the first chiefs of Kazakhstan legal entities and their deputies with an absolute share of foreign participation in their authorized capital.
      17. Those who are on business trip for business purposes, the term of which does not exceed a total of one hundred and twenty calendar days within one breaking-in period.
      18. Working as the first chiefs of organizations that have concluded contracts with the Government of the Republic of Kazakhstan for the amount of investments in cash equivalent of over $ 50 million, and the first chiefs of legal entities of the Republic of Kazakhstan who carry out investment activities in priority kinds of activities and who have contracted with the authorized investment body.
      19. Working in the national managing holding at the positions not lower than the chiefs of structural divisions with higher education with confirmed documents in the manner established by the legislation of the Republic of Kazakhstan.
      20. Attracted to work as members of the board of directors of the national managing holding.

  Annex 3
to the Resolution of the
Government of the
Republic of Kazakhstan
No. 802 dated December 15, 2016

List of declared to be no longer in force of some decisions of the Government
of the Republic of Kazakhstan

      1. Subparagraph 1) of paragraph 1 of the Decree of the Government of the Republic of Kazakhstan No. 45, dated January 13 2012, "On approval of the Rules for setting quotas for engagement of foreign labor force in the Republic of Kazakhstan, Rules and conditions for issuing permits to foreign workers for employment, as well as employers for engagement of foreign labour force and foreign workers transferred as part of the intra corporate translation, and on amendments to the Decree of the Government of the Republic of Kazakhstan No. 836, dated June 19, 2001 “On Measures to Implement the Law of the Republic of Kazakhstan dated January 23, 2001 "On Employment" (CAPG of the Republic of Kazakhstan, 2012, No. 23, Art. 323).
      2. Paragraph 3 of the Resolution of the Government of the Republic of Kazakhstan No. 386, dated April 22, 2013 "On the setting quotas for engagement of foreign labor force on priority projects for 2013, approving the conditions for issuing permits for engagement of foreign labor force on priority projects and introducing changes to the resolution of the Government of the Republic Kazakhstan No. 45, dated January 13, 2012 "On Approval of the Rules for setting quotas for Attracting Foreign Labor to the Republic of Kazakhstan, Rules and Conditions for Issuing Permits to foreign employees on employment, as well as employers to attract foreign labor and foreign workers transferred as part of an internal corporate transfer, and about amendments into the Decree of the Government of the Republic of Kazakhstan No. 836, dated June 19, 2001 "On Measures to Implement the Law of the Republic of Kazakhstan of January 23, 2001 of the year "On Employment" (CAPG of the Republic of Kazakhstan, 2013, No. 27, Art. 420).
      3. Subparagraph 1) of paragraph 1 of the Decree of the Government of the Republic of Kazakhstan of October 8, 2014 No. 1065 "On Amendments and Addenda to the Decree of the Government of the Republic of Kazakhstan No. 45, dated January 13, 2012" On Approval of the Rules for setting quotas for engagement of foreign labor force to the Republic of Kazakhstan Of the Rules and conditions for issuing permits to a foreign employee for employment, as well as employers for the engagement of foreign labor force and foreign workers transferred within the framework of an internal corporate transfer, and about Changes to the Decree of the Government of the Republic of Kazakhstan No. 836, dated June 19, 2001 "On measures to implement the Law of the Republic of Kazakhstan dated January 23, 2001" On Employment "(CAPG of the Republic of Kazakhstan, 2014, № 61, Art. 571).
      4. Sub-paragraph 1) of paragraph 1 of the Decree of the Government of the Republic of Kazakhstan No. 173, dated March 31, 2016 "On Amendments and Addenda to Decisions of the Government of the Republic of Kazakhstan No. 45, dated January 13, 2012 "On Approval of the Rules for setting quotas for engagement of foreign Labor to the Republic of Kazakhstan Of the Rules and conditions for issuing permits to a foreign worker for employment, as well as employers for the engagement of foreign labor force and foreign workers transferred within the framework of an internal corporate transfer, and about and amendments to the Resolution of the Government of the Republic of Kazakhstan No. 836, dated June 19, 2001 "On Measures for Implementing the Law of the Republic of Kazakhstan of January 23, 2001 On Employment of the Population" and No. 673, dated July 2, 2013 "On Approval of the Rules for Privatization of habitations from the State Housing Fund" (CAPG of the Republic of Kazakhstan, 2016, No. 20, p. 110).

  Annex 1
to the Rules for setting quotas for
on the engagement of foreign
labour force into the Republic of
Kazakhstan distribution between
regions of the Republic
of Kazakhstan in
  __________________________
  __________________________
  __________________________
  (the name of authorized
body with indicating of the name
regions, cities of republican
significance, capital)
from _____________________
  __________________________
  __________________________
  (full name of
legal entity or individual
legal address)

Demand for engage foreign labor force to the Republic of Kazakhstan for the year 201__.

Ser. No.

Kind of economic activities

The number of engaged foreign labor force in the current year (one)

Demand for foreign labor force for the year 201__.

1-st category (in the context of professions and specialties)

2-st category (in the context of professions and specialties)

3-st category (in the context of professions and specialties)

4-st category (in the context of professions and specialties)

Seasonal expatriate employees

1

2

3

4

5

6

7

8

     
      Justification in engagement of foreign labour force with an indication of plans to implement projects under the contracts concluded, contracts of the employer for the execution of works, provision of services, production of goods
      __________________________________________________________________
      __________________________________________________________________

 
 
Seal
 
(chief position
the organization being
the employer)
 
 
 

 
Annex 2
to the Rules for setting quotas for
on the engagement of foreign
labour force into the Republic of
Kazakhstan distribution between
regions of the Republic of
Kazakhstan

 
To the Ministry of Healthcare and
Social Development of the Republic of
Kazakhstan
from _____________________
__________________________
__________________________
 
(full name of local
authorized body)

Application for engagement of foreign labor force in the Republic of Kazakhstan by economic activity for 201__

Ser. No.

Organization (full name, legal address)

Kind of economic activities

The number of engaged foreign labor force in the current year (one)

The need for foreign labor force by categories of foreign workers for _____ year

Justification of the need to meet the requirements of paragraph 7 of the Rules

1-st category (in the context of professions and specialties)

2-st category (in the context of professions and specialties)

3-st category (in the context of professions and specialties)

4-st category (in the context of professions and specialties)

Seasonal expatriate employees

1

2

3

4

5

6

7

8

9

10

 
Annex 3
to the Rules for setting quotas for
on the engagement of foreign
labour force into the Republic of
Kazakhstan distribution between
regions of the Republic
of Kazakhstan

 
To the Ministry of the Internal Affairs
of the Republic of Kazakhstan
from_____________________
__________________________
__________________________
 
(full name of
of the territorial body of internal
affairs)

Application for the need to attract labor immigrants for 201_

No. p/p

The quantity of labor immigrants involved in the previous year (unit)

The need to attract labor immigrants for _____ year

Justification of the need

1

2

3

4

 
 
 
 

      Chief of the territorial body of internal affairs:
      ___________________________________________________________________________
      signature, surname, name, patronymic (if any)
      ___________________________________________________________________________
      Seal

  Exhibit 4
to the Rules for setting quotas for
on the engagement of foreign
labour force into the Republic of
Kazakhstan distribution between
regions of the Republic
of Kazakhstan

 
To the Ministry of Healthcare and
Social Development of the Republic of
Kazakhstan
 
from the Ministry of Internal Affairs
of the Republic of Kazakhstan

The need to attract labor immigrants for _____ year

Ser. No.

Regions

The quantity of labor immigrants involved in the previous year (unit)

The need to attract labor immigrants for _____ year

Justification of the need

1

2

3

4

5

1

Astana
 
 
 
 

2

Almaty
 
 
 
 

3

Akmola oblast
 
 
 
 

4

Aktyubinsk oblast
 
 
 
 

5

Almaty oblast
 
 
 
 

6

Atyrau oblast
 
 
 
 

7

East Kazakhstan oblast
 
 
 
 

8

West Kazakhstan oblast
 
 
 
 

9

Zhambyl oblast
 
 
 
 

10

Karaganda oblast
 
 
 
 

11

Kyzylorda oblast
 
 
 
 

12

Kostanay oblast
 
 
 
 

13

Mangistau oblast
 
 
 
 

14

Pavlodar oblast
 
 
 
 

15

North Kazakhstan oblast
 
 
 
 

16

South Kazakhstan oblast
 
 
 
 

 
Exhibit 5
to the Rules for setting quotas for
on the engagement of foreign
labour force into the Republic
of Kazakhstan
distribution between regions
of the Republic of Kazakhstan

 
To the Ministry of Healthcare and
Social Development of the Republic of
Kazakhstan
 
From _____________________
__________________________
__________________________
(full name of local
authorized body)

Application for engagement of foreign labour force in the Republic of Kazakhstan by economic activity for 201__.

Ser. No.

Kind of economic activities

The quantity of the attracted foreign labor force

By categories of foreign workers for _____ year

1-st category (in the context of professions and specialties)

2-st category (in the context of professions and specialties)

3-st category (in the context of professions and specialties)

4-st category (in the context of professions and specialties)

Seasonal expatriate employees

1

3

2

3

4

5

6

7

 
 
 
 
 
 
 
 

     

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