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Frequently asked questions

An employer desires to conclude employment contract with a person with residence visa for foreign citizens. Is it necessary to get permission of attracting foreign labor force? Who requests and where above-named permission is requested?
 Answer:
According to subparagraph 10 of paragraph 3 of the Rules of determining quota, terms and conditions of permissions to employers on attraction of foreign labor in the Republic of Kazakhstan, approved by resolution of the government of the RK dated 19 June 2001 No. 836, validity of the Rules shall not extend on foreigners and stateless persons permanently living in the Republic of Kazakhstan.
In this regard, it is not necessary for employer to receive permission on foreign citizen to involve foreign work labor.
 What are conditions for foreign citizen employment in the Republic of Kazakhstan?
 Answer:
 One of the principles of the Law of the RK "On Population Employment" is the protection of domestic labor market by quoting attraction of foreign labor force.
The order of attracting foreign labor force is regulated by the Rules of determining quota, terms and conditions of permissions to employers on attraction of foreign labor force to the Republic of Kazakhstan, approved by resolution of the government of the RK dated 19 June 2001 No. 836.
Does Kazakhstan employer need to get permission for attraction of foreign labor force if labor function of foreign citizen is to represent interests of the Kazakhstan legal entity abroad?
Answer:
According to article 9 of the Labor Code of the Republic of Kazakhstan validity of the present Code if another is not provided by laws and international treaties ratified by the Republic of Kazakhstan, extends on workers, including employees of the organizations located in the territory of the Republic of Kazakhstan, owners of property, participants or shareholders represented by foreign physical or juridical entities.
Article 26 of the Labor Code sets that it is not allowed to conclude the employment agreement with foreigners and stateless persons who temporarily live in the territory of the Republic of Kazakhstan while receiving permission of the local executive body on attraction of foreign labor force in the order set by the Government of the Republic of Kazakhstan.
Respectively if the employer works outside the Republic of Kazakhstan, action of the labor legislation of the Republic of Kazakhstan shall not extend.
Therefore, labor relations between juridical entity living in the RK and representative of juridical entity in the RF shall be regulated by the legislation of that country where representatives conduct labor activities.
Which government body does give out permissions on attraction of foreign labor force?
 Answer:
In order to receive permission on attracting foreign labor force to the Republic of Kazakhstan the employer shall address to the authorized body (local executive body), i.e. to regional and both Astana and Almaty Departments of Employment and Social Programs Coordination with application and relevant documents according to the Rules of determining quota, terms and conditions of giving out permissions to employers on attraction of foreign labor force to the Republic of Kazakhstan, approved by resolution of the government of the RK dated 19 December 2007 No. 1242.
 What period of business trip may foreign citizens have within one calendar year?
Answer:
According to subparagraph 2 of paragraph 3 of the Rules of determining quota, terms and conditions of giving out permissions to employers on attraction of foreign labor force to the Republic of Kazakhstan (hereinafter referred as the Rules), approved by resolution of the government of the Republic of Kazakhstan dated 19 June 2001 No. 836, the validity of the Rules shall not extend on foreigners and stateless persons having business trip with period of no more than 60 calendar days within one calendar year.
Also according to the subparagraph 3) of the paragraph 3 validity of the Rules shall not extend on foreigners and stateless persons attached to the legal entity of the Republic of Kazakhstan, branches and representations of foreign legal entities according to the contract for the period of more than 60 calendar days.
Attachment of foreigners to juridical entity of the Republic of Kazakhstan, to branches and representations of foreign legal entities for the period of more than 60 calendar days according to the list certified by authorized body according to the appendix 2 is allowed with conditions of attaching Kazakhstan staff with the purpose of vocational training, retraining and professional development by specific professions (specialties) to the foreign legal entity which send foreign experts for the similar period and in the same quantity or directing Kazakhstan citizens on training to educational institutions in the state of residence of the foreign legal entity in the same quantity.
Period of attachment shall not exceed 180 calendar days.
 What documents shall be provided in authorized body to obtain written consent to deposit response from the bank opened for a foreign worker.
Answer:
According to the Rules of paying guarantee fee and its volume by employer to banks of the country where person is employed approved by resolution of the government of the Republic of Kazakhstan dated 24 April 2006 No. 316, fee returns back to the employer by banks on the ground of the written consent of authorized body.
In the day an employer addresses, the authorized body issues the written consent in the presence of the copy of the ticket for vehicle or the receipt copy on payment for electronic air ticket on the worker (workers), moving to the state where he lives on the permanent basis.
 What volume of deposit is necessary to place on a foreign worker, if the foreign worker is from the neighboring country or from far abroad?
 Answer:
The rules of paying guarantee fee and its volume by employer to the banks of the country where person is employed approved by resolution of the government of the Republic of Kazakhstan dated 24 April 2006 No. 316 defines that fee for one foreign worker is set in the amount of at lEastern the cost of Economy class flight to the nearest airport of the state where he lives on the permanent basis.
The fee for one foreign worker from the countries of the Commonwealth of Independent States is set in the amount of at lEastern the cost of the ticket on railway (compartment) or motor transport to the nearest station of the state where s/he lives on the permanent basis.
The company received permission for attraction of foreign labor force on the second category of workers in 2008 and this permission was prolonged in 2009.
Question: Do we have the right to prolong it once more in 2010?
 Answer:
According to paragraph 37 of the Rules of determining quota, terms and conditions of giving out permissions to employers on attraction of foreign labor force to the Republic of Kazakhstan approved by resolution of the government of the RK dated 19 June 2001 No. 836, prolonging the period of permission is carried out on the employer application by authorized body within the distributed quota for appropriate regions, Astana and Almaty.
Prolonging the period of permission for the first and second categories shall be carried out no more than two times. For the third and fourth categories extension of the period of permission shall not be carried out.
In the above-mentioned regard, in 2010 you have the right to prolong permission for attraction of foreign labor force on the first and second category for the second time.
Director who is the foreign citizen has been appointed to the Kazakhstan branch (Main organization is in the Great Britain). Is it necessary to receive permission to work as a branch director in the Republic of Kazakhstan from authorized body?
 Answer:
According to subparagraph 1 of paragraph 3 of the Rules of determining quota, terms and conditions of giving out permissions to employers on attraction of foreign labor force to the Republic of Kazakhstan approved by resolution of the government of the RK dated 19 June 2001 No. 836 (hereinafter referred as the Rules), validity of the Rules shall not extend on foreigners and stateless persons of branches working as heads of branches or representations of foreign juridical entities.
While involving foreigners as the first principals of branches or representations of foreign legal entities the employer shall represent information in the form according to the appendix 3 of the Rules to the authorized body.
 How can registered unemployed person receive referral to vocational training?
Vocational training, professional development and retraining of unemployed people are the measures of social protection of the unemployed people and directed to increase their competitiveness in the labor market.
Vocational training, professional development and retraining of the unemployed people include:
1) preparation (primary professional education) of the unemployed people without possessing professions, willing to acquire profession and to work on this profession;
2) professional development of the unemployed people (additional education) with the purpose of enhancing professional skills, receiving higher ratings (classes, categories), studying and mastering progressive technique and technology taking into account industrial demand;
3) retraining of unemployed people with the purpose of possessing new professions (specialties) if they cannot find suitable work on profession (specialty) or they lost the ability to work on certain professions (specialties).
   Vocational training, professional development and retraining of the registered jobless citizens are supported by the state budget.
Referring unemployed people to vocational training, professional development and retraining is carried out if it is impossible to find suitable job because of lack of necessary professional qualification.  
Unemployed people of the target groups have the right to have vocational training, professional development and retraining in the priority order.
 How to find job?
In accordance with the current legislation the state guarantees assistance in the sphere of population employment to select jobs and employ them with mediation of authorized bodies.
These types of state services are rendered on the local (regional) level and include:
1) assistance in employment;
2) vocational training, retraining, professional development;
3) organization of paid public works.
Thus according to the Law of the RK "On Population Employment" the persons of target groups of the population have the priority right for employment. The full list of persons of target groups can be learned in the employment bodies.
Also, according to the legislation on population employment each region creates social workplaces specially for employment of the jobless people of target groups.
In order to assist graduates of professional educational institutions in employment, the Youth Practice program has been created to ensure acquiring original work experience, knowledge and skills and increasing competitiveness in labor market. Youth practice will be organized at enterprises regardless the form of ownership, remuneration is carried out at the expense of budget funds. Duration of youth practice is no more than 6 months.
Thus, in order to receive the help in employment each citizen can address to the local authorized employment body. The specified types of service on assistance in employment are rendered for free.
Moreover, on the web site  www.enbek.gov.kz of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan in the section "Vacancies", all people can learn vacancies appeared in the authorized bodies concerning employment across the republic and apply CV so that potential employers can consider it. Also those who are looking for a job can use services of the private employment agencies.
How to register as an unemployed person?
According to the Law of the RK “On Population Employment” unemployed person is the person of working age who is not involved in the labor sphere because of reasons not dependent on him but desires and ready to work.
In order to register as the unemployed person it is necessary to address to the authorized body concerning employment at the place of residence. It is necessary to have the following documents:
- identification card (passport);
- documents confirming labor activities (or the diploma);
- certificates on assigning social personal code (SPC);
- taxpayer registration number (TRN).
What is a “social workplace”?
Social workplace is the workplace created by an employer on the contractual basis with a local executive body, for employment of the jobless people of target groups with partial compensation of expenses of the employer to remunerate them for work.
Target groups include:
underprovided people;
youth under twenty one;
pupils of orphanages, orphan children and children without parental custody, under twenty three years;
lonely parents with many children, who are bringing up minor children;
citizens supporting the persons who are recognized as in need of permanent care, help or supervision in the order set by the legislation of the RK ;
persons of pre-retirement age (two years prior to retirement on age);
disabled people;
persons dismissed from the Armed Forces of the Republic of Kazakhstan;
persons released from imprisonment and (or) from forced treatment;
oralmans;
graduates of organizations of higher and postgraduate education;
persons dismissed because of liquidation of an employer - juridical person or stoppage of the employer activities - physical person, decreasing the number of staff.
The volume of salary of the citizens employed in social workplaces and share of the employer is defined by the contract concluded between the employer and local executive body.
 What is a suitable job?
For the registered jobless citizens suitable job is the job which corresponds to vocational training, labor experience and experience on former specialty, conditions of the last workplace (except paid public works), state of health, transport accessibility to the new workplace, and for the persons taking care of children under seven years old of underprovided families it is also the job in the mode of flexible and part-time job. Transport accessibility is defined by an appropriate executive body.
For the persons looking for a job for the first time but without acquiring profession (specialty) and also for those who for more than 2 years had not been employed, the suitable job is that requires preliminary vocational training and another paid job (including temporary job) if it is impossible to provide it taking into account the age and other features of citizens and requirements of the Labor Legislation of the Republic of Kazakhstan.
For the employed people from families with low-income the suitable job is that corresponds to vocational training, labor experience and experience on former specialty, conditions of the last workplace (except paid public works), state of health, transport accessibility to a new workplace, average monthly salary will be paid more for than in their last workplace.
What is the youth practice?
The Youth practice program is created and is implemented with aim of rendering assistance in employment of graduates of professional educational institutions. This ensures acquisition of original experience, knowledge and skills and directed on the assistance in employment and increase of competitiveness in labor market. Youth practice will be organized at enterprises irrespectively the form of ownership, compensation is paid at the expense of means of the state budget. Duration of the youth practice lasts no more than 6 months.
Does the legislation provide measures to assist disabled people to be employed?
In accordance with the current legislation the state guarantees assistance to citizens in the sphere of population employment to select job and employ people with mediation of the authorized bodies.
Here the persons of the target groups of the population (including disabled people) have the priority right to be employed. It means that the employment bodies with appropriate vacancies in the priority order send persons of the target groups.
Besides, according to the article 31 of the Law of the RK "On Social Protection of Disabled People in the Republic of Kazakhstan" local executive bodies provide employment of disabled people by:
1) establishment of quota of workplaces for disabled people in the amount of three percent of the total number of workplaces;
2) creation of additional workplaces for disabled people through the development of personal business, small and medium business;
3) creation of special, and also social workplaces for employment of disabled people according to the legislation of the Republic of Kazakhstan;
4) organization of vocational training for disabled people.
What is the public work?
Public works are temporal labor activities which have socially useful direction.
Public works are organized by the central and local executive bodies for employment of the jobless people by creating temporal workplaces and are financed at the expense of budgetary funds and means of employers according to their requests.
The involvement of citizens in public works is carried out in the order of precedence according to the registration date. The priority right to participate in the public work is given to jobless people of the target groups.
Organization of public works gives the persons without special education the chance of temporal employment. Here the jobs are temporary and workplaces on the constant basis or vacancies cannot be used for their organization. Work can be organized on the terms of part-time job and according to flexible schedule.
Local executive bodies approve the list of organizations in regions, types, volumes and specific conditions of public work, volume of compensation of participants and sources of their financing.
The Labor Legislation of the Republic of Kazakhstan, the Legislation of the Republic of Kazakhstan on Social Security and Insurance extends on the persons participating in paid public work.
 

Changed on 14 November, 2013 - 16:41
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