Our company is a subject of large enterprise and recently, cases have become more frequent when an employee takes the citizenship of a foreign state without informing the employer. A new passport is often presented months later, which subsequently causes difficulties with tax deductions and the migration service. Please clarify the following issues:
In essence, the questions you have voiced, we inform the following.
Obtaining by the employee of your enterprise of citizenship of the Russian Federation is not the basis for termination of the labour contract with him. In this case, the employment relationship with the employee continues.
In accordance with the Treaty on the Eurasian economic union dated October 14, 2014, labour activity in the Republic of Kazakhstan for citizens of the member states of the Eurasian economic union is carried out without obtaining permission to hire foreign labor. It is enough to conclude labour contract.
At the same time, citizens of the EAEU member state who arrived for the purpose of employment and are on the territory of the Republic of Kazakhstan for more than 30 days from the date of entry must register in the internal affairs bodies in accordance with the Rules of entry and stay of immigrants in the Republic of Kazakhstan, as well as their departure from the Republic of Kazakhstan, approved by the government of the Republic of Kazakhstan dated January 21, 2012 № 148.
In turn, the Code "On administrative offences" provides for administrative liability for violation by foreigners and stateless persons of the rules of registration in the internal affairs bodies.
At change of details of the parties (the surname, the name, the patronymic (if it is specified in the document proving the identity) of the worker, the address of his permanent residence and data on registration in the residence, the name, number, date of issue of the document proving his identity, the individual identification number) the corresponding changes are made to the labour contract.
Amendments and additions to the labour contract, including when transferring to another job, shall be made by the parties in writing in the form of an additional agreement in the manner prescribed by paragraph 1 of article 33 of the Labor code of the Republic of Kazakhstan.
At the same time, we note that the period of temporary stay (residence) of a working member state and family members in the territory of the state of employment is determined by the period of validity of an labour or civil contract concluded by a working member state with an employer or a customer of works (services).