On Approval of Terms and conditions of issuance and (or) extension of the permits to employers for the engagement of foreign labour, as well as the implementations of intra-company transfer

New Unofficial translation

Order of the Healthcare and Social Development Minister of the Republic of Kazakhstan No. 559, dated June 27, 2016. Registered in the Ministry of Justice of the Republic of Kazakhstan on August 29, 2016 under No.14170.

      Note by the Republican Center for Legal Information!
      The procedure for the enactment of this order see article 4

      In accordance with subparagraph 20) of article 7 of Law of the Republic of Kazakhstan “On employment” dated April 6, 2016 I hereby ORDER that:

      1. To attached hereto the Terms and conditions of issuance and (or) extension of the permits to employers for the engagement of foreign labour shall be approved, as well as the implementations of intra-company transfer (hereafter - Terms).

      2. The Committee of Labour, Social Protection and Migration of the Ministry of Healthcare and Social Development of the Republic of Kazakhstan, in accordance with the legislation procedure shall provide:

      1) state registration of this order at the Ministry of Justice of the Republic of Kazakhstan;

      2) sending of a copy thereof for official publishing in periodical printed editions and Adilet information legal system within ten calendar days after state registration of this order;

      3) sending of copy of this order in printed and electronic format in state and Russian languages within five calendar days from the date of receipt of the registered this order to the Republican state enterprise on the right of operational control "Republican Center for Legal Information" for inclusion in the reference control bank of regulatory legal acts of the Republic of Kazakhstan;

      4) posting of this order on the Internet-resource of the Ministry of Healthcare and Social Development of the Republic of Kazakhstan;

      5) within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, the submission to the Legal Department of the Ministry of the Healthcare and Social Development of the Republic of Kazakhstan information about the implementation of measures provided by sub-paragraphs 1), 2), 3) and 4) of this paragraph.

      3. Supervision of this Order fulfillment shall be entrusted to the Healthcare and Social Development Vice-Minister of the Republic of Kazakhstan, B. B. Nurymbetov

      4. This order enters into force from January 1, 2017, with paragraph 40 of the Terms provides until January 1, 2021.

      Footnote. Paragraph 4 as amended by the order Minister of Healthcare and Social Development of the Republic of Kazakhstan No. 1069 dated December 15, 2016 (shall be effective from 01.01.2017).

      Acting Minister of Health
      and Social Development
      of the Republic of Kazakhstan E. Birtanov

      ACCORD WITH

      Acting

      Minister of National Economy

      of the Republic of Kazakhstan

      __________________М. Kussainov

      August 1, 2016

      ACCORD WITH

      Minister of National Economy

      of the Republic of Kazakhstan

      __________________К. Bishimbayev

      ______________ _____ , 2016

      ACCORD WITH

      Minister of Internal Affairs

      of the Republic of Kazakhstan

      __________________ К. Kassymov

      July 14, 2016

  Approved
by order of Health and Social
Development Ministry
of the Republic of Kazakhstan
dated June 27, 2016 No. 559

Terms and conditions of issuance and (or) extension of the permits to employers for
engagement of foreign labour, as well as the implementations of intra-company transfer.
Chapter 1. General provisions

      1. This Terms and conditions of issuance and (or) extension of the permits to employers for engagement of foreign labour, as well as the implementations of intra-company transfer (hereafter - Terms) shall be developed in accordance with sub-paragraph 20) of Article 7 of the Law of the Republic of Kazakhstan of April 6, 2016 "On employment" (hereinafter - the Law) and determine the procedures and terms of issuance and (or) extension of the permits to employers for engagement of foreign labour, and the implementations of intra-company transfer.

      2. Main notions used in these Terms as follows:

      1) priority project shall be a project implemented according to the priorities specified in the state and industry documents of programs;

      2) chiefs shall be senior officials within a legal entity, conducting intra-company transfer, who directly manage the organization, determine the goals and policies of the organization, receive only general instructions from the board of directors or shareholders of the organization, do not perform tasks related to the direct provision of the services of organization;

      3) vacancy - vacant workplace (position) at the employer;

      4) executive authority financed from the local budget, shall be a state institution authorized by the akimats of regions, Astana and Almaty to perform functions to promote employment of the population (hereinafter - the local executive authority);

      5) employer - legal entity or individual, branch, representative office of a foreign legal entity with which the employee has an employment relationship;

      6) headcount of employees - the number of persons accepted on the basis of employment contracts, regardless of the term of their negotiation, except for persons performing work under of a private law character, as well as employees who have signed employment contract for part-time work with one employer;

      7) local content in personnel - the number of Kazakhstan personnel as a percentage of the list of number of employees, with a layout by categories of workers;

      8) a program to increase local content in personnel shall be the program to increase local content in personnel, which shall be planned and implemented by the employer, having a contract in accordance with the production sharing agreement, concluded with the competent authority or the Government of the Republic of Kazakhstan, a set of measures agreed by the competent authority and the commissioner authority on employment issues, including vocational training, retraining, advanced training of its employees, which shall be citizens of the Republic of Kazakhstan, as well as the replacement of foreign workers with Kazakhstan personnel, conducted in order to systematically increase local content in the personnel of this employer;

      9) intra-company transfer shall be temporary for a period determined by the employment contract, but no more than three years, with the right of extension on one year the transfer of a foreigner or stateless person engaged on official capacity of a chief, manager, or specialist as a legal entity established in the territory a country, member of the World Trade Organization, located and operating outside the territory of the Republic of Kazakhstan, into branches, subsidiaries, representative offices of this legal entity established in the territory the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan;

      10) specialists shall be persons holding positions within a legal entity performing intra-company transfer, who possess a high level of special and (or) unique knowledge and skills, significant work experience in a particular industry or science, necessary to provide services in the field of organization, use of scientific research equipment, advanced technologies and equipment, methods of their management. In assessing such knowledge and skills, it shall be necessary to take into account the availability of professional knowledge of the profile of organization, as well as a high level of qualification appropriate to the type of work or activity of the organization, requiring special technical knowledge, including membership in relevant accredited professional associations;

      14) seasonal foreign workers shall be the immigrants engaged by employers for seasonal works which shall be performed during the certain period (season), due to climatic or other environmental conditions, but no longer than one year;

      12) managers shall be persons occupying the high offices within a legal entity performing intra-company transfer, who have a high level of professional qualifications and have experience of working as a manager in the accord industry and manage an organization, department or organization administration of the organization, manage and control the work of other leading professional or administrative employees, hire and dismiss, recommend hiring, dismissal, or other actions of personnel, receive only general instructions or executives from senior chiefs, the board of directors or shareholders of the organization.

      This category does not include employees who directly perform the necessary functions for the provision of services;

      13) authorized agency on employment shall be central operating agency providing leadership and inter-sectoral coordination in the field of employment of population in accordance with the law of Republic of Kazakhstan;

      14) employment office shall be a public institution created by the local executive authority of the region, cities of regional and republican significance, the capital in order to implement active measures to promote employment, organize social protection against unemployment and other measures of promoting of employment in accordance with the Law;

      15) foreign labour shall be foreign workers engaged by employers for implementation of work effort including the seasonal foreign workers, as well as under intra-company transfer;

      16) quota for engagement of foreign labour shall be the maximum allowable amount of foreign labour permitted by the engagement of employer for employment in the territory of the Republic of Kazakhstan;

      17) permission to engage foreign labour (hereinafter -permission) shall be a document of the established form in accordance with Annex 1 to these Terms, issued by the local executive authority to the employer to engage foreign labour to the Republic of Kazakhstan;

      18) foreign worker shall be foreigner and stateless person engaged by employers for implementation of work effort on the territory of Republic of Kazakhstan.

      Footnote. Paragraph 2 as amended by Order No. 181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be effected upon expiry of ten calendar days after its first official publication).

Chapter 2. The Terms and conditions of issuance and (or) extension of the permits to
employers for the engagement of foreign labour, as well as the implementations of
intra-company transfer.
Paragraph 1. Terms and conditions of issuance and (or) extension of the permits to employers
for engagement of foreign labour

      3. The purpose of determining of the terms and conditions for issuance and (or) extension of the permits, the following categories of employees shall be established:

      1) the first category - chiefs and their deputies;

      2) the second category shall be chiefs of structural divisions that meet the qualification requirements, established professional standards, qualification directory of positions of chiefs, specialists and other employees, typical qualification characteristics of positions of chiefs, specialists and other employees of organizations;

      3) the third category shall be specialists who meet the qualification requirements, established professional standards, qualification reference book of chiefs, specialists and other employees, typical qualification characteristics of chiefs, specialists and other employees of organizations;

      4) the fourth category shall be skilled labours, who meet the qualification requirements, established by professional standards, the Unified Tariff and Qualification Reference Book of works and professions of employees, tariff-qualifying characteristics of professions of employees.

      3-1. The position of these Terms that apply to foreign employees shall be also applied to foreigners and stateless persons who shall be engaged to work in the Republic of Kazakhstan within intra-company transfer or in accordance with paragraph 31 of these Terms.

      Footnote. The Terms shall be completed by paragraphs 3-1 in accordance with the order No.181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be brought to effect upon the expiry of ten calendar days after the day of its first official publication).

      4. The local executive authority issues permits within the quota distributed by the competent authority for employment of the population.

      5. The number of function, previously issued permits in the territory of the corresponding geographical administrative division does not exceed the amount distributed by the authorized body of the quota distributed by the competent authority on employment of the population for engagement of foreign labour for the relevant breaking-in period.

      6. The issuance and (or) extension of the permits by the local executive authority shall be carried out under the following conditions:

      1) the number of citizens of the Republic of Kazakhstan shall not less than 70% of the list of employees belonging to the first and second categories;

      1) the number of citizens of the Republic of Kazakhstan shall not less than 90% of the list of employees belonging to the third and forth categories.

      During the calculating of local content in personnel, the number of foreign workers does not include citizens of the states, parties of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan on October 14, 2014.

      Information about the local content in personnel by the employer shall be submitted to the local executive authority in the form according to Annex 2 to these Terms.

      7. The requirements of paragraph 7 of this Terms shall not apply to:

      1) small business entity;

      2) public office and enterprise;

      3) a foreign worker who arrived for self-employment in the Republic of Kazakhstan in accordance with subparagraph 21) of Article 7 of the Law of the Republic of Kazakhstan of April 6, 2016 "On employment of the population";

      4) permits issued within quotas for countries of origin, if there shall be international agreements on cooperation in the range of Labour migration and social protection of migrant workers ratified by the Republic of Kazakhstan shall be available;

      5) representative offices and branches of foreign legal entities with a number of employees of no more than 30 people.

      Footnote. Paragraph 7 in the wording of the order of the Healthcare and Social Development Minister of the Republic of Kazakhstan dated December 15, 2016 No. 1069 (shall be effected from 01.01.2017).

      8. Conditions of local content in personnel for priority projects shall be determined by the interested central governmental authority as agreed with the local executive authority, where the projects shall be implemented and the competent authority for employment of the population in the prescribed form according to Annex 3 to these Terms.

      8-1. The position of these Terms that apply to employers also apply to legal entities, branches, representative offices of a foreign legal entity registered in the Republic of Kazakhstan, engaged foreign labour within intra-company transfer or in accordance with paragraph 31 of these Terms.

      Footnote. The Terms shall be completed by paragraphs 8-1 in accordance with the order No.181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be effected upon the expiry of ten calendar days after the day of its first official publication).

      9. For issuance and (or) extension of the permit, employers shall be charged a tax levy (hereinafter - tax levy) in accordance to the commutation rate of the tax levy for issuance and (or) extension of the permit permits to employers for the engagement of foreign labour to the Republic of Kazakhstan, approved by the Resolution of the Government of the Republic of Kazakhstan on April 3, 2018 of the year No. 157 "On the establishment of commutation rate of the tax levy for the issuance and (or) extension of the permit to for the engagement of foreign labour to the Republic of Kazakhstan.

      Footnote. Paragraph 9 as amended by Order No. 245 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 14.06.2018 (shall be effected upon expiry of ten calendar days after its first official publication).

      10. For obtaining of a permit, an employer or an authorized person by him through the information system "State database "E-licensing" or in paper form submits to the local executive authority at the place of employment of foreign labour a statement, according to Annex 4 to these Terms, with an enclosed documents submitted for obtaining a permit to employ foreign labour in accordance with Annex 5 to these Terms, as well as information on foreign workers attracted with the surname, name, patronymic (including in Latin letters), date of birth, nationality, numbers, dates and authority of issuing a passport (identity document), country of residence, country of departure, education, name of specialty, qualification (official capacity) in accordance to the professional standards applied in the Republic of Kazakhstan, the Qualification Reference Book of the official capacities of chiefs, specialists and other employees, typical qualification characteristics of the official capacities of chiefs, specialists and other employees of organizations, the Standard Wage-Rates and Skills Reference Book, Tariff and Qualification Characteristics of professions of workers and the State Classifier of the Republic of Kazakhstan 01-99 "Job Classificatory".

      Footnote. Paragraph 10 in the wording of the order of the Healthcare and Social Development Minister of the Republic of Kazakhstan dated December 15, 2016 No. 1069 (shall be effected from 01.01.2017).

      11. In cases of incomplete submission and (or) not filling in the prescribed form of the documents stipulated by paragraph 10 of these Terms, within three working days from the date of their receipt, the local executive authority returns the documents attached to the application and gives the employer a written justification about returning the documents (indicating not submitted and (or) not filled out in the prescribed form of documents in accordance with the Terms).

      During the acceptance of documents in paper form, the local executive authority issues a receipt to the employer indicating the list of accepted documents in accordance to Annex 6 to this Terms.

      12. The permits for the engagement of foreign labour shall be issued for the period:

      1) for the first category - on the basis of an application by the employer for one, two or three years, with the right to extend the term of the permit for one, two or three years;

      2) for the second and third categories - for twelve months, with an extension for a period of twelve months, but no more than three times;

      3) for the fourth category - for twelve months without the right of extension;

      4) for seasonal foreign workers - until twelve months, without the right of extension.

      Footnote. Paragraph 12 as amended by Order No. 75 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.02.2018 (shall be effected upon expiry of ten calendar days after its first official publication).

      13. The decision of issuance or refuse to issue of permits shall make by the local executive authority within seven working days from the date of acceptance of the documents of employer.

      The local executive authority makes a decision based on the recommendations of the Commission of the issuance of permits for the extension of foreign labour (hereinafter - the Commission) established by the local executive authority.

      14. The Commission includes representatives of the internal affairs bodies, the education authority and the local Labour inspection authority.

      15. The employer or its representative at their discretion participates in the meeting of the Commission. The local executive authority places information about the date, time and place of meeting of the Commission on its official Internet resource no less than three working days before the meeting date.

      16. The local executive authority through the information system "Government Database “E-Licensing” or notifies the employer in writing form about the decision of issuance or refusal to issue, extension or refusal of extension of the permit within one working day after the day of its acceptance.

      17. In the case of a decision of issuance and (or) extension of the permit, the local executive authority shall send a notification to the employer in accordance with Annex 7 to this Terms.

      18. In the case of a decision of refusal of issuance or refusal of extension of the permit, the local executive authority shall indicate its base in accordance with paragraph 21 of these Terms.

      19. The employer from the date of receipt of the notice to issue of the permit through the information system "Government Database “E-Licensing" or in paper form shall submit to the local executive authority the copies of documents confirming the tax levy to issue the permit within ten working days.

      If the employer fails to submit documents confirming that the tax levy was paid within ten working days from the date of receipt of the notification to the local executive authority, the decision of the local executive authority to issue the permits, as well as the permits shall be terminated in accordance with sub-paragraph 5) of paragraph 33 of these Terms.

      Footnote. Paragraph 19 as amended by Order No. 181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be effected upon expiry of ten calendar days after its first official publication).

      20. The local executive authority through the information system "Government Database “E-Licensing” or in paper form issues permission to the employer within two working days from the date of receipt of copies of the documents specified in paragraph 19 of these Terms.

      If the employer fails to appear upon the expire two working days for obtaining of the permit, the local executive authority shall send the permit to the address of the registration of employer by mail with receipt of notification of receipt of the mailing.

      21. Permission of extension of foreign labour shall not issued and shall not extended in the following cases:

      1) exceeding of the rate of the distributed quota;

      2) non-compliance of the conditions by the employer with established by paragraph 6 of this Terms;

      3) establishing that fact that the employer engages foreign workers without a permit. In this case within twelve months from the date of establishing this fact, new permits shall not issued;

      4) discrepancies of the level of education (vocational training) and experience of the practical work of a foreign labour by the qualification requirements for professions of workers and the official capacities of chefs, specialists and employees, in accordance to professional standards, the Uniform Tariff Qualification Directory of works and professions of workers and Qualification directory of chiefs, professionals and other employees, typical qualification characteristics of the official capacities of chefs, professionals and other employees of organizations.

      22. Re-registration of a previously issued permit for another foreign worker shall be allowed if the foreign worker, for whom the permit was issued, does not arrive at the place of work or terminates the employment contract before the expiration date of the permit for engagement foreign labour with an assigned new number in case of compliance of the qualification requirements approved in accordance to sub-paragraph 16-1) of Article 16 of the Labour Code of the Republic of Kazakhstan dated November 23, 2015, established for this profession on the term to expiry of the original authorization, in the manner of prescribing by these Terms.

      At the same time, the employer shall send to the local executive authority the documents for a foreign worker, to whom the permit shall be reissued, provided in these Terms. Originally issued permission shall be subject to termination in accordance with sub-paragraph 6) of paragraph 33 of these Terms.

      Footnote. Paragraph 22 as amended by Order No. 181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be effected upon expiry of ten calendar days after its first official publication).

      23. The decision of re-registration of a previously issued permit to another foreign worker shall be set by the local executive authority within five working days from the day of the accepted documents without consideration at the meeting of Commission.

      24. For extension of the period of validity of the permit, the employer shall send the following documents to the local executive authority no later than thirty calendar days until the expiry of the permit, through the information system "Government Database “E-Licensing" or in paper form:

      1) application;

      2) information about the local content in personnel in accordance with Annex 2 to this Terms;

      3) information about the engaged foreign worker;

      4) a copy of the identity document of a foreign worker.

      Footnote. Paragraph 24 in the wording of the order of the Healthcare and Social Development Minister of the Republic of Kazakhstan dated December 15, 2016 No. 1069 (shall be effected from 01.01.2017).

      25. The local executive authority on the reason of the submitted documents within three working days from the date of the acceptance of the documents, makes decision to extend the permit to engage the foreign labour or refuse to extend it.

      In the case of a positive decision of the local executive authority to extend the period of the permit, the permit shall be extended for twelve months, while the period of the permit begins on the day of expiry of the previously issued permit.

      The decision to extend the permit shall be carried out by the local executive authority without consideration at the meeting of the Commission.

      26. The local executive authority shall send to the employer a notification about the extension or refusal to extend the permit through the information system "Government Database “E-Licensing" or in paper form within one working day after the day of the making of decision to extend or refuse of extension of the permits for engagement of foreign labour.

      27. The employer after the receipt of the notification of the extension to permit through the information system "Government Database “E-Licensing" or in paper form shall submit to the local executive authority the copies of documents confirming the tax levy to issue the permit within ten working days.

      28. If the employer fails to submit documents confirming that the tax levy was paid within ten working days from the date of receipt of the notification to the local executive authority, the local executive authority shall decide on the termination of the permit for engagement of foreign labour.

      29. The local executive authority through the information system "Government Database “E-Licensing” or in paper form issues permission to the employer within two working days from the date of receipt of copies of the documents specified in paragraph 27 of these Terms.

      If the employer fails to obtain the permission upon the expiry of three working days from the day the copy of the document specified by paragraph 27 shall be submitted of these Terms, the local executive authority, the local executive authority shall send the permit to the address of the registration of employer by mail with receipt of notification about receipt of the mailing.

      30. The permit issued by the local executive authority shall not subject to transfer to other employers, it shall be effect only in the territory of the geographical administrative division.

      At the same time, the employer shall be allowed to send foreign workers, who received permits, on a business trip to enterprises and organizations located in the territory of other geographical administrative division for a period that does not exceed ninety calendar days during one breaking-in period.

      Footnote. Paragraph 30 with amendments made by order of the Healthcare and Social Development Minister of the Republic of Kazakhstan dated December 15, 2016 No. 1069 (shall be effected from 01.01.2017).

      31. In the case of a foreign legal entity, employer, carrying out its activities in the Republic of Kazakhstan without establishing a branch, representative office, shall send its employees to the Republic of Kazakhstan under the contract for the implementation of work, provision of services or, if a foreign legal entity, employer, shall send its employees to the Republic of Kazakhstan for implementation of work and services in subsidiary organization, representative office, branch of a foreign legal entity in which such foreign legal entity, employer, directly or indirectly holds shares or participation, the authorized person of the receiving party through the information system "Government Database “E-Licensing" or in paper form submits to the local executive authority at the place of employment of foreign labour a application, according to Annex 4 to these Terms, with enclosing documents submitted for obtaining the permission to employ foreign labour in accordance with Annex 5 to these Terms.

      For the period of implementation of work, provision of services in accordance to this paragraph of the Terms, Labour relations shall be governed by the document (letter or transfer agreement) agreed between a foreign worker and a foreign legal entity, employer, due to a temporary transfer of a foreign worker shall be carried out.

      Footnote. Paragraph 31 in the wording of the order of the Healthcare and Social Development Minister of the Republic of Kazakhstan dated December 15, 2016 No. 1069 (shall be effected from 01.01.2017).

      32. The local executive authority shall make a recall of effective permission for engagement of foreign labour in the following cases:

      1) engagement of foreign worker by profession or specialty that does not correspond to the profession or specialty specified in the permit;

      2) non-compliance of the conditions by the employer with established by paragraph 6 of this Terms; In this case, the local executive authority shall answer the last issued permissions, the number of which exceeds the percentages established by paragraph 6 of these Terms.

      33. Permission to engage foreign labour stops effect in the following cases:

      1) the expiration of the time which it was issued;

      2) report of permission;

      3) termination of the activity of an individual - an employer, of liquidation of a legal entity - an employer;

      4) voluntary refund of the permission by employer o the local executive authority;

      5) in the case of non-introduction of copies of documents confirming the payment of the tax levy for issuance and extension of the permit;

      6) re-registration of the permission for another foreign worker.

      The local executive authority within three working days from the date of the decision of terminating of the permit provided by sub-paragraph 2), 3), 4) and 6) of this paragraph shall send information to the local agency of the Ministry of Internal Affairs of the Republic of Kazakhstan (hereinafter - MIA of the Republic of Kazakhstan) of the oblast, Astana and Almaty about the termination of the permit.

      Footnote. Paragraph 33 as amended by Order No. 181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be effected upon expiry of ten calendar days after its first official publication).

Paragraph 2. Terms and conditions of issuance and (or) extension of the permits to employers for the engagement of foreign labour within the implementations of intra-company transfer.

      34. The period of intra-company transfer for a foreign worker shall be subject to working hours and rest time, as well as requirements for compliance with safety and Labour protection of the receiving party, while labour relations shall be governed by an employment contract (or other document confirming labour relations) agreed between the foreign worker and the legal entity, where the internal corporate translation shall be carried out.

      Footnote. Paragraph 34 in the wording of the order of the Healthcare and Social Development Minister of the Republic of Kazakhstan dated December 15, 2016 No. 1069 (shall be effected from 01.01.2017).

      35. The engagement of foreign workers transferred within intra-company transfer shall be carried out in economic department determined by the Government of the Republic of Kazakhstan in accordance to paragraph 3 of article 32 of the Law.

      36. Terms and conditions of issuance and (or) extension of the permits to employers for the engagement of foreign labour, within the implementations of intra-company transfer shall carry out in free cost.

      37. In the aims of determining of the conditions for engagement of foreign workers within intra-company transfer, the following categories of workers shall be established:

      1) chief;

      2) managers;

      3) specialists.

      38. Permission within intra-company transfer shall be issued by subject of presence the chief, manager and specialist having at least one year of experience in a legal entity established in the territory of a country, the member of the World Trade Organization, located and operating outside the territory of the Republic of Kazakhstan and their compliance with the requirements provided for sub-paragraphs 2), 10), 12) of paragraph 2 of this Terms, confirmed by a letter from the legal entity, where the intra-company transfer of employee about its qualifications and professional experience, and by the letter from the host party confirming that the employee has the necessary qualifications and professional work experience.

      Footnote. Paragraph 9 as amended by Order No. 242 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 14.06.2018 (shall be effected upon expiry of ten calendar days after its first official publication).
      39. Excluded by amended by Order No. 181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be effected upon expiry of ten calendar days after its first official publication).

      40. The search for relevant candidates in the domestic labour market shall carry out by the employer by sending information about the availability of vacancies in the employment center at the place of employment of foreign labour in accordance to the Law of the Republic of Kazakhstan dated April 6, 2016 "On employment".

      Acceptance of an application of the employer for issuance of the permits for engagement foreign labour shall be carried out by the local executive authority no earlier than fifteen calendar days and no more than sixty calendar days from the date of supplying the information about the availability of vacancies.

      Footnote. Paragraph 40 in the wording of the order of the Healthcare and Social Development Minister of the Republic of Kazakhstan dated December 15, 2016 No. 1069 (shall be effected from 01.01.2017).

      41. For obtaining the permission to engage the foreign workers within an intra-company transfer the employer, or the person entitled by him through the information system Government Database “E-Licensing” or in paper form submits to the local executive authority at the place of employment of foreign labour, in accordance with Annex 4 of these Terms, with the enclosed documents submitted for obtaining permission to engage foreign workers transferred within intra-company transfer in accordance with Annex 9 of these Terms, as well as information about engaged foreign workers with indicating the surname, name and patronymic (if any exist) (including Latin letters), date of birth, nationality, number, date and authority of issuance of passport (identification document), country of residence, country of departure, education, name of specialty, qualification (official capacity).

      Footnote. Paragraph 41 as amended by Order No. 181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be effected upon expiry of ten calendar days after its first official publication).

      42. During the issuance and extension of a permit for the employer upon the consent, one of the following special conditions shall be imposed on its choice:

      1) professional training of citizens of the Republic of Kazakhstan in the specialty of the engaged foreign worker;

      2) retraining of citizens of the Republic of Kazakhstan in the specialty of the engaged foreign worker;

      3) raising of qualification of citizens of the Republic of Kazakhstan;

      4) the creation of additional workplaces for citizens of the Republic of Kazakhstan in specialties for which foreign workers shall be engaged.

      Footnote. Paragraph 42 as amended by Order No. 181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be effected upon expiry of ten calendar days after its first official publication).

      42-1. Acceptance of special conditions shall not required if the employer has a program to increase local content in personnel.

      Footnote. The Terms shall be completed by paragraph 42-1 in accordance to the order of the Minister of Labour and Social Protection of the Republic of Kazakhstan No.181 dated 28.06.2017 (shall be effected upon the expiry of ten calendar days after the day of its first official publication).

      43. During the intra-company transfer:

      the manager - the employer chooses one of the conditions provided by the paragraph 42 of these Terms;

      specialist - the employer chooses one of the conditions provided for in sub-paragraphs 1), 3) and 4) of paragraph 42 of these Terms.

      44. The local executive authority imposes on the employer the number of special conditions in accordance with the number of issued permits for the engagement of foreign labour.

      45. Information about the special conditions accepted for obtaining and extension of permission shall be submitted on the form in accordance with Annex 10 to these Terms.

      Footnote. Paragraph 45 as amended by Order No. 181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be effected upon expiry of ten calendar days after its first official publication).

      46. Implementation of the conditions for permits to engage foreign labour provided for:

      sub-paragraphs 3) and 4) of the paragraph 42 of these Terms, shall be produced during the in-force period of the permit;

      sub-paragraphs 1) and 2) of paragraph 42 of these Terms, shall begin during the first six months in-force period of the permit.

      47. The employer who engage foreign workers within intra-company transfer provides the percentage ratio of the number of foreign workers (managers and specialists) engaged within intra-company transfer constituting no more than fifty percent of the number of personnel of Kazakhstan of the relevant category.

      Information about the local content in personnel during the engagement of foreign workers within intra-company transfer by the employer shall submit to the local executive authority in the form in accordance with Annex 11 to these Terms.

      48. During the engagement of the foreign worker as a chief, the requirements according to the ratio to the number of citizens of the Republic of Kazakhstan shall not applied.

      49. The local executive authority shall carry out the receipt of the necessary documents, as well as the issuance and extension of the permits for the engagement of foreign labour electronically, through the web portal of "electronic government" www.egov.kz, www.elicense.kz, or in paper form.

      50. Permission to engage foreign labour within intra-company transfer shall not issue or extend in the following cases:

      1) non-compliance of the conditions by the employer with established by paragraph 47 of these Terms;

      2) establishing that the employer engages foreign workers without a permit. In this case within twelve months from the date of establishing this fact, new permits shall not issued;

      2. non-implementation of special conditions of permits issued for the previous and current breaking-in period, the deadline for which has come (if any exist).

      4) discrepancies in the level of education (vocational preparation) and experience of the practical work of a foreign labour with the requirements provided the paragraphs 37 and 38 of these Terms;

      5) non-implementation of measures (conditions) provided by the program for increasing local content in personnel (if any exist).

      Footnote. Paragraph 50 as amended by Order No. 181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be effected upon expiry of ten calendar days after its first official publication).

      51. The local executive authority shall make a recall of effective permission for engagement of foreign labour within intra-company transfer in the following cases:

      1) engagement of foreign worker by profession or specialty that does not correspond to the profession or specialty specified in the permit;

      2) non-compliance of the conditions by the employer with established by paragraph 47 of these Terms; In this case, the local executive authority shall answer the last issued permissions, the number of which exceeds the percentages established by paragraph 47 of these Terms.

      The local executive authority within three working days from the date of answer of the permit shall send to the local agency of the Ministry of Internal Affairs of the Republic of Kazakhstan of the oblast, of Astana and Almaty the information about answered permits for engagement of the foreign labour according to Annex 12 to these Terms.

      52. Permissions for the engagement of foreign labour within intra-company transfer shall issue for the period of transfer specified in the employment contract, but no more than three years with the right to extend no more than once for twelve months.

      During the absence of an employment contract, the period of intra-corporate transfer shall determine by a letter or agreement (contract) about intra-corporate transfer, but not more than three years with the right to extend no more than once for twelve months.

      53. The permission issued by the local executive authority shall not be the subject to transfer to other employers, operates only in the territory of the relevant geographical administrative division, except the sending of the foreign workers by employer, who received the permits, on a business trip to enterprises or organizations located in the territory of other geographical administrative division, for the period which does not exceed ninety calendar days within breaking-in period.

      Footnote. Paragraph 53 in the wording of the order of the Healthcare and Social Development Minister of the Republic of Kazakhstan dated December 15, 2016 No. 1069 (shall be effected from 01.01.2017).

      54. Re-registration of a previously issued permit for another foreign worker in the case of the absence of a foreign worker, for whom permission was issued for engagement of the foreign labour, to the workplace or termination of the employment contract with him before the expiry date of the permit of engagement of the foreign labour with assignment of a new number in accordance with the qualification requirements established for this profession, supported by the documents provided in Annex 9 to these Terms.

      Re-registration of the permission shall issue for the period remaining until ahead of time of the original issued permit.

      55. The decision of re-registration of a previously issued permit for engagement of foreign labour to another foreign worker shall be set by the local executive authority within five working days from the day of the accepted documents without consideration at the meeting of Commission.

      56. The decision of extension the permit shall be carried out by the local executive authority within five working days from the day of the accepted documents without consideration at the meeting of Commission.

      57. Permission to engage foreign labour within intra-company transfer stops effect in the following cases:

      1) the expiration of the time which it was issued;

      2) report of permission;

      3) termination of the activity of an individual - an employer, of liquidation of a legal entity - an employer;

      4) voluntary refund of the permission by employer o the local executive authority.

      58. For extension of the period of validity of the permit, the employer shall send the following documents to the local executive authority no later than month until the expiry of the permit, through the information system "Government Database “E-Licensing" or in paper form:

      1) application;

      2) information about the implementation of special conditions of permits issued for the previous and current breaking-in period, the deadline for which has come (if any exist).

      3) information about the local content in personnel during the engagement of foreign workers within intra-company transfer in accordance with Annex 11 to these Terms.

      4) reason of extension of period of permits;

      5) a copy of the identity document of a foreign worker;

      6) information on the special conditions accepted for obtaining and extension of the permits under paragraph 45 of the Terms.

      Footnote. Paragraph 58 as amended by Order No. 181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be effected upon expiry of ten calendar days after its first official publication).

      59. Local executive authority:

      1) maintains records of foreign employees working within intra-company transfer;

      2) monthly, until 10th day of the month following the reporting period, informs the authorized agency of employment of the population, as well as the local labour inspection authority about foreign workers working within intra-company transfer.

      60. The employer within thirty working days from the date of the amendments of the surname, name, patronymic, number and series of the document certifying the identity of the foreign worker, shall submit an application to the local executive authority for the re-registration of the permit, with enclosed copies of the documents confirming this information.

      The employer within twenty working days from the date of the amendments of the surname, name, patronymic, number and series of the document certifying the identity of the foreign worker, shall submit an application to the local executive authority for the re-registration of the permit, with enclosed copies of the documents confirming this information.

      The local executive authority within five working days from the date of acceptance of the application re-registers officially the permission with assignment of a new number.

      Footnote. Paragraph 60 with amendments made by order of the Healthcare and Social Development Minister of the Republic of Kazakhstan dated December 15, 2016 No. 1069 (shall be effected from 01.01.2017).

      61. The re-registration of a previously issued permission shall be carried out in the case of reorganization of the employer, legal entity of the Republic of Kazakhstan, or a branch (representative office) of a foreign legal entity in the form of a merger, joining, division, separation or transformation, as well as in the case of the amendments of the name or details specified in the permit of engagement of foreign labour.

      The employer within ten working days from the date of the reorganization, shall submit an application to the local executive authority for the re-registers officially of the permit, with enclosed copies of the documents confirming the specified information.

      The local executive authority within five working days from the date of submission of the application re-registers officially the permission with assignment of a new number.

      62. Employers who have received the permission to engage the foreign labour:

      1) provide the departmental statistical reporting to the local executive authority in accordance with and terms established by the legislation of the Republic of Kazakhstan;

      2) excluded by order of the Healthcare and Social Development Minister of the Republic of Kazakhstan dated December 15, 2016 No. 1069 (shall be effected from 01.01.2017).

      Footnote. Paragraph 62 with amendments made by order of the Healthcare and Social Development Minister of the Republic of Kazakhstan dated December 15, 2016 No. 1069 (shall be effected from 01.01.2017).

      63. The employer does not perform a special condition in the case of the absence of a foreign worker to the place of work for whom a permit was issued for engagement of foreign labour.

      At the same time, the employer shall send a notification to the local executive authority about the absence of the foreign worker.

  Annex 1
to the Terms and conditions of
issuance and (or) extension of the
permits to employers for the
engagement of foreign labour,
as well as the implementations
of intra-company transfer
  Form

      ______________________________________________________________

      (full name of authority issued the permission)

      PERMISSION

      on the engagement of foreign labour.

      No. __ on __________ "___" 20__

      Employer

      __________________________________________________________________________

      (for legal entity: name, address,

      __________________________________________________________________________

      registration number, date of registration, business identification number

      __________________________________________________________________________

      for individual: surname, name, patronymic (if any exist),

      individual identification number, address)

      __________________________________________________________________________

      Territory, where the permission shall be functioned

      __________________________________________________________________________

      __________________________________________________________________________

      Foreign worker

      __________________________________________________________________________

      (surname, name, patronymic (if any exist), category,

      __________________________________________________________________________

      official capacity/profession)

      __________________________________________________________________________

      (Passport number/identification, date and issuing authority)

      Method of work (permanent, rotational)

      __________________________________________________________________________

      Reason of issue of permits

      __________________________________________________________________________

      __________________________________________________________________________

      Period of the permission from _____________ to ______________________

      (day, month, year) (day, month, year)

      Stamp here signature _____________________

      (surname, initials)

  Annex 2
to the Terms and conditions of
issuance and (or) extension
of the permits to employers
for the engagement of
foreign labour, as well as the
implementations of intra-company transfer
  Form

      Footnote. Annex 9 as amended by order No.181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be brought to effect upon the expiry of ten calendar days after the day of its first official publication).

Information about the local content in the personnel;

Ref. No.

Categories of engaged foreign labour

The number of employees of the employer

The number of foreign labour planned to engage.

column 3 + column 5

column 4 + column 5

% of foreign labour to total number of employees, column 7/ column 6*100%

Total (not including the account of foreign workers who work without permits to engage the foreign labour)

Including foreign labour engaged by permits to engage foreign labour




1

2

3

4

5

6

7

8

1

1 and 2 categories







2

3 and 4 categories







3

TOTAL:







      Note: if a foreign worker shall be in column 4, then he must not be in column 6.

      Employer: ____________________________________________

      (signature, full name, initials, official capacity)

  Annex 3
to the Terms and conditions of
issuance and (or) extension of the
permits to employers for the
engagement of foreign labour, as
well as the implementations of
intra-company transfer
form

      Footnote. Annex 3 as amended by order No.181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be effected upon the expiry of ten calendar days after the day of its first official publication).

Conditions for local content in personnel for priority projects

Ref. No.

Name of priority projects

Categories of engaged foreign labour

% of citizens of Kazakhstan shall be working on a priority project

% of foreign labour shall be working on a priority project

1

2

3

4

5

1


1 categories



2 categories



3 categories



4 categories




Agreed:

Agreed:

Agreed:

(Name of the competent authority on the issue of employment)

(Name of the central governmental authority)

(Name of the local executive authority of oblast, Astana, Almaty)

(surname, name, patronymic (if any exist), official capacity, signature)
Stamp here

(surname, name, patronymic (if any exist), official capacity, signature)
Stamp here

(surname, name, patronymic (if any exist), official capacity, signature)
Stamp here


Ref. No.

Name of priority projects

Categories of engaged foreign labour

% of citizens of Kazakhstan shall be working on a priority project

% of foreign labour shall be working on a priority project

1

2

3

4

5

1


1 and 2 categories



3 and 4 categories




Agreed:

Agreed:

Agreed:

__________________________
(Name of the competent authority on the issue of employment)

_______________________
(Name of the central governmental authority)

______________________________
(Name of the local executive authority of oblast, Astana, Almaty)

__________________________
(surname, name, patronymic (if any exist), official capacity, signature)
Stamp here

_______________________
(surname, name, patronymic (if any exist), official capacity, signature)
Stamp here

____________________________________
(surname, name, patronymic (if any exist),
official capacity, signature)
Stamp here

  Annex 4
to Terms and conditions
of issuance and (or) extension of
the permits to employers for the
engagement of foreign labour, as
well as the implementations
of intra-company transfer

      Footnote. Annex 4 as amended by order No.75 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.02.2018 (shall be effected upon the expiry of ten calendar days after the day of its first official publication).

      Form

      In __________________________________

      (name of the local executive authority

      of the oblast, Astana, Almaty)

      from _________________________________

      _____________________________________

      (full name of the legal entity or individual)

      APPLICATION

      I ask you to issue/extend/re-register the permit to engage foreign

      labour force (underline as necessary) in

      _______________________ oblast (city) for ___________ persons,

      including:

      in the first category - ____ persons,

      of which by official capacity (profession) (indicate the period of validity of the permit (when

      issuing/extension of the permit): ________________________________________________

      __________________________________________________________________________

      for the second category - ___ persons, of which by official capacity (profession):

      __________________________________________________________________________

      __________________________________________________________________________

      for the third category - ___ persons, of which by official capacity (profession):

      __________________________________________________________________________

      for the forth category - ___ persons,

      of which by official capacity (profession):

      __________________________________________________________________________

      for seasonal work - ___ persons,

      The type of economic activity which within the foreign labour force will carry out the labour activity:

      __________________________________________________________________________

      During the engagement of foreign workers transferred within intra-company transfer:

      Oblast (city): _______________________________________________________________.

      Number of foreign workers: ________ , including:

      Chief _______________, official capacity _______________________________________;

      managers ____, of them by official capacity (professions):

      _________________________________________________________________________;

      specialists ___,

      among them according to official official capacity(professions):

      __________________________________________________________________________

      Name of the employer (of the accepted organization): _______________________________

      __________________________________________________________________________

      Information about the employer (of the accepted organization):

      __________________________________________________________________________

      __________________________________________________________________________

      The form of ownership of the organization

      __________________________________________________________________________

      Date of formation _____________ "____" 20___ .

      Certificate of registration in the justice authorities of the Republic of Kazakhstan

      __________________________________________________________________________

      (number, when and by whom issued)

      individual identification number: ______________________________________________,

      business identification number: ________________________________________________

      Kinds of activities: __________________________________________________________

      Category of business entity: ___________________________________________________

      __________________________________________________________________________

      (small / medium / large business)

      Address, telephone, fax: ______________________________________________________

      Enclosed documents: ________________________________________________________

      __________________________________________________________________________

      __________________________________________________________________________

      Substantiation of the necessity of issuance/extension/re-issuing permits for the engagement of foreign labour:

      _________________________________________________________________________

      __________________________________________________________________________

      __________________________________________________________________________

      During the engagement of foreign workers transferred within intra-company transfer

      Full name of a foreign legal entity, employer:

      __________________________________________________________________________

      Data of registration in the country of residence: ___________________________________

      __________________________________________________________________________

      (No, date of state registration and name of registration authority)

      Tax registration number in the country of residence or its equivalent:

      __________________________________________________________________________

      Kinds of activities: __________________________________________________________

      Location in the country of residence, telephone: ___________________________________

      __________________________________________________________________________

      Substantiation of the necessity to engage foreign labour:

      __________________________________________________________________________

      __________________________________________________________________________

      __________________________________________________________________________

      In case of engagement of foreign workers in accordance to paragraph 31 of the Terms and conditions

      for issuance and (or) extension of the permits to employers for the engagement of foreign labour,

      as well as the implementations of intra-company transfer:

      Full name of the foreign legal entity, employer:

      __________________________________________________________________________

      Data of registration in the country of residence: ___________________________________

      __________________________________________________________________________

      (No, date of state registration and name of registration authority)

      Tax registration number in the country of residence or its equivalent

      __________________________________________________________________________

      Kind of activities: ___________________________________________________________

      Location in the country of residence, telephone: ___________________________________

      __________________________________________________________________________

      "I acquainted with this Terms and conditions of issuance and (or) extension of the permits to employers for the

      engagement of foreign labour, as well as the implementations of intra-company transfer".

      Chief _____________________________________________________________________

      (signature, surname, initials, official capacity)

      ___________ "___" 20__.

      Stamp here

      The application shall be accepted for consideration ___________ "___" 20__ .

      __________________________________________________________________________

      (surname, initials, signature of individual)

  Annex 5
to the Terms and conditions of
issuance and (or) extension of the
permits to employers
for the engagement of foreign
labour, as well as the
implementations of intra-company
transfer

Documents shall be submitted for obtaining of the permission to
engage foreign labour

      Footnote. Annex 5 excluded by order of the Healthcare and Social Development Minister of the Republic of Kazakhstan No. 1069, dated December 15, 2016 (shall be effected from 01.01.2017).

      1. Documents for engagement foreign workers confirming their qualifications:

      2) notarized translations (copies, if the document shall be completed in the state or Russian languages) of documents of education legalized in accordance to the procedure established by the legislation of the Republic of Kazakhstan, except for cases stipulated by consummated international treaties of the Republic of Kazakhstan;

      3) information about the work activities of an employee (if there shall be qualification requirements for the length of service in the relevant profession) with enclosing the written confirmation of the work activities of employee on the official letterhead of the employer by whom the worker was employed previously or other supporting documents recognized in the Republic of Kazakhstan;

      2. Information about local content in personnel in accordance with paragraph 6 of the Terms and conditions for issuing and (or) extension of the permits to employers for the engagement of foreign labour, as well as the implementations of intra-company transfer approved by the order of the Healthcare and Social Development Minister of the Republic of Kazakhstan on June 27, 2016 No. 559 (registered in the Ministry of Justice of the Republic of Kazakhstan on August 29, 2016 No. 14170) (hereinafter - Terms). During the engagement of foreign labour for priority projects, the employer provides information about local content in personnel for priority projects in accordance with paragraph 7 of the Terms.

      3. If the foreign legal entity, employer, shall carry out its activities in the Republic of Kazakhstan without a branch, a representative office, a notarized copy of the contract for the performance of work, a provision of services (if a foreign worker shall be involved in accordance with paragraph 31 of the Terms) and a notarized transfer, if the mentioned above documents shall not filled in the Kazakh or Russian languages.

      4. In case if a foreign legal entity, employer, shall send its employees to the Republic of Kazakhstan for performing work, providing services to a subsidiary organization, representative office, branch of a foreign legal entity in which such foreign legal entity, employer, directly or indirectly has stock or shares participation, a notarized copy of the document (letter or transfer agreement) agreed between the foreign worker and the foreign legal entity, employer, where a temporary transfer of a foreign worker shall be carried out (if a foreign worker shall be involved in accordance with paragraph 31 of the Terms) and a notarized translation, if such document shall not in Kazakh or Russian languages.

      5. A copy of the identity document of a foreign worker.

      6. The submission of documents specified in paragraphs 1, 2, 3 and 4 of this Annex shall not required in the case of engagement of seasonal foreign workers.

  Annex 6
to the Terms and conditions of
issuance and (or) extension of the
permits to employers for the
engagement of foreign labour, as
well as the implementations
of intra-company transfer
form

Receipt

      From _______________________________________________________ application accepted
      (full name of legal entity or individual)
      about issuance/extension of the permit (s) to engage foreign labour with enclosing of the following documents:
      1. ______________________;
      2. ______________________;
      3. ______________________;
      4. ______________________;
      5. ______________________;
      6. ______________________;
      7. ______________________.
      The application shall be accepted for consideration ___________ "___" 20__.
      ________________________________________________________________________________
      (surname, initials, signature of individual)

  Annex 7
to the Terms and conditions of
issuance and (or) extension of the
permits to employers for the
engagement of foreign labour,
as well as the implementations of
intra-company transfer
form

      Footnote. Annex 8 excluded by order of the Healthcare and Social Development Minister of the Republic of Kazakhstan dated December 15, 2016 No. 1069 (shall be effected from 01.01.2017).

      from ______________________________________________________________________

      (name of local executive authority of oblast, Astana, Almaty)

      to ________________________________________________________________________

      (full name of legal entity or individual and address)

      __________________________________________________________________________

      Notification

      _________________________________________________________________________,

      (name of local executive authority of oblast, Astana, Almaty)

      notifies ___________________________________________________________________,

      (full name of legal entity or individual)

      that a decision has been made about issuance / extension of of the permits

      on the engagement of foreign labour.

      __________________________________________________________________________

      (full name of legal entity or individual)

      tax levy shall be required for

      _________________________________________________________________________:

      (issuance or extension of permit(s))

      __________________________________________________________________________

      (surname, name, patronymic (if any exist), category

      profession and position, kind of economic activity for which

      a foreign worker shall be involved and sum of tax levy)

      Tax levy for issuance or extension of the permits shall be required to deposit on

      The following account of No. ________________ budget classification code: _____

      Tax levy must be notified within ten

      working days by introduction copy (s) to the local executive authority

      of document (s) confirming payment of the tax levy.

      If the employer does not provide a copy (s) of the document (s)

      confirming payment of the tax levy within ten working days from the day

      of receipt of notification, the decision of the local executive authority about

      issuance of the permits shall be canceled.

      Chief _________ _______________

      (signature) (surname, initials)

      ___________________

      (date, month, year)

  Annex 8
to the Terms and conditions of
issuance and (or) extension of the
permits to employers for the
engagement of foreign labour, as
well as the implementations
of intra-company transfer
form

Record of the interview of
the employer with the applicant for the vacancy

      Footnote. Paragraph 8 excluded by order of the Healthcare and Social Development Minister of the Republic of Kazakhstan dated December 15, 2016 No. 1069 (shall be effected from 01.01.2017).

  Paragraph 9
to the Terms and conditions of
issuance and (or) extension of the
permits to employers for
engagement of foreign labour,
as well as the implementations of
intra-company transfer.
Form

      Footnote. Paragraph 9 as amended by the order of the Minister of Labour and Social Protection of the Republic of Kazakhstan No.181, dated 28.06.2017 (shall be effected upon the expiry of ten calendar days after the day of its first official publication).

Documents submitted for obtaining permission to engagement of foreign workers
implemented within intra-company transfer

      1. Translation signed and stamped by notary (copy, if the document shall be filled in Kazakh or Russian languages) of an employment contract (concluded with a legal entity established in the territory of a country, member of the World Trade Organization located and operating outside the territory of the Republic of Kazakhstan), or letters or agreements of intra-company transfer concluded with the employer (concluded with a legal entity established in the territory of a country, member of the World Trade Organization, located and operating outside the territory the Republic of Kazakhstan), with branches, representative offices, affiliated person of the legal entity established by/passed registration in the Republic of Kazakhstan.

      2. Information about the implementation of special conditions of permits for engagement foreign labour, issued for the previous and current calendar years, the deadline for which has come (if any exist).

      3. Documents for engagement foreign workers confirming their qualifications:

      1) information about the activity of employee with the attachment of the confirming documents recognized in the Republic of Kazakhstan;

      2) the letter of a foreign legal entity which employer confirms the compliance of the qualifications and professional experience of the foreign employee with the official capacity for which an intra-company transfer shall be made, as well as the letter from the receiving party confirming that the employee has the necessary qualifications and professional work experience.

      4. Information on local content of personnel for engagement of foreign workers within an intra-company transfer provided for in paragraph 47 of the Terms and Conditions of issuance and (or) extension of the permits to employers for the engagement of foreign labour, as well as the implementations of intra-company transfer approved by the order of the Health and Social of Development Minister of the Republic of Kazakhstan of June 27, 2016 No. 559 (registered in the Ministry of Justice of the Republic of Kazakhstan on August 29, 2016 No. 14170) (hereinafter - the Terms).

      5. A copy of the document confirming that the employer has sent the information on the availability of vacancies in the job center at the place of exercise of profession of foreign labour.

      6. A copy of the identity document of a foreign worker.

      7. Information on the special conditions accepted for obtaining and extension of the permits under paragraph 45 of the Terms.

      8. A copy of the program to increase local content in personnel (if any).

  Annex 10
to the Terms and conditions of
issuance and (or) extension
to employers for the engagement
of foreign labour, as well as
the implementations of intra-
company transfer
form

      Footnote. Annex 10 as amended by order No.181 of the Minister of Labour and Social Protection of the Republic of Kazakhstan dated 28.06.2017 (shall be effected upon the expiry of ten calendar days after the day of its first official publication).

Information about special accepted conditions for obtaining and extension permits

Ref. No.

Surname, name, patronymic of engage foreign workers

Category, profession (specialty), engage foreign workers according to the statement of the employer

Name of special conditions with indication of the profession (specialty) where training, retraining and advanced training and (or) the number of provide employment opportunities for citizens of the Republic of Kazakhstan will be carried out

Limitation of special conditions


1

2

3

4

5


      _______________________________________________________

      (full name of legal entity or individual)

      _____________________________________________________

      (signature, surname, name, patronymic (if any exist) official capacity)

      ___________ "____" 20___

      Stamp here

  Annex 11
to the Terms and conditions of
issuance and (or) extension
to employers for the engagement
of foreign labour,
as well as the implementations of
intra-company transfer
form

Information about the local content in the frames during the engagement of foreign workers
within intra-company transfer

Ref. No.


The number of employees of the employer

The number of foreign labour shall be planned to engagement within intra-company transfer

column 3 + column 5

column 4 + column 5

% of foreign labour engaged within intra-company transfer to the total number of workers from Kazakhstan, column 7/column 6*100%

Total

including:

foreign labour working under permits within intra-company transfer

1

2

3

4

5

6

7

8

1

Managers







2

Specialists







3

TOTAL:







      Note: if a foreign worker shall be in column 4, then he must not be in column 5.


Employer: ____________________________________________________________________________________


(signature, full name, initials, official capacity)


Stamp here


Annex 12


to the Terms and conditions of issuance


and (or) extension of the permits


to employers for the engagement


of foreign labour,


as well as the implementations


of intra-company transfer


form

      In __________________________________

      (name of local agency

      of MIA of the Republic of Kazakhstan of oblast, Astana and Almaty)

      from ________________________________________

      (name of local executive authority

      of oblast, Astana, Almaty)

      Information about recalled permits for engagement of foreign labour

      In accordance with paragraph __ of the Terms and Conditions of issuance and (or) extension of the permits to employers for the engagement of foreign labour, as well as the implementations of intra-company transfer, we inform you that

      __________________________________________________________________________

      (name of local executive authority of oblast, Astana, Almaty)

      the recalled permit (s) for engagement of foreign labour:

      1. _______________________________________________________________________.

      (name of employer, data of foreign worker: surname, name, patronymic (if any exist),

      passport data (number, date of issue) Number of permission, date of issue of permits, end date

      of permit actions).

      ____________________________________________ ______________ _______________

      (Official capacity) (signature) (surname, name)

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