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Mazhilis has approved the draft Law on the issues concerning migration and population employment - www.zakon.kz, of October 14, 2015

Changing in procedure of foreign labor involvement, self-employment and intra-corporate transfer is provided for since January 1, 2017.

At plenary session of Mazhilis of Parliament of the RK deputies of chamber have approved in the second reading the draft Law "On amendments and additions to some legislative acts on issues concerning migration and population employment", Zakon.kz reports.

The draft Law is aimed at modernization of the social and labor relations to improve investment attractiveness of the country and regulation of migratory processes.

The draft Law provides for:

1. In the sphere of foreign labor involvement (hereinafter - FLI) - implementation of the system measures aimed at meeting the needs of economy for personnel via creating the free market of highly qualified foreign specialists, liberalization of procedure of FLI involvement by employers and foreigners arriving to the country for employment.

Thus, the ideology of permission issue to employers is completely reconsidered. Now charges to the budget of the country will be levied now. It will help to increase revenues of the state budget which may be allocated for social and economic development of the region.

 Besides, the foreign experts arriving to Kazakhstan will have opportunity to find a job independently on the basis of certificates on conformity to qualification within 3 months, to any place of the work by profession entered into the list of demanded professions in priority branches of economy.

The foreign specialist will receive certain assessment on score system including the level of his/her education, length of service, practical work experience and other parameters allowing to confirm his/her qualification.

It is also provided for to improve procedure for intra-corporate transfer; this type of foreign labor involvement will be brought into accord with the accepted international standards and requirements of the World Trade Organization.

Besides, it is planned to create information and analytical system which will be aimed at implementation of specified innovations. It will considerably simplify the procedure for involvement of IRS for employers accelerating procedure of permissions' issue in many times. If now this procedure takes on average 30-40 days, on the proposed procedure it will take in average up to 5 days.

Change of the procedure for foreign labor involvement, independent employment and the intra corporate transfer are expected by January 1, 2017.

2. In the sphere of ethnic migration:

In 2013 the amendments to the Law "On Population Migration" according to which, the quota of  oralmans' settlement was abolished, and together with it all material payments were cancelled that does not promote creating favorable conditions for return of compatriots.

To stimulate the ethnic Kazakhs coming back to their historical homeland the draft Law provides for:

-  the status of oralman giving to ethnic Kazakhs, regardless of the settlement region. Ethnic Kazakhs unlike foreign citizens will have opportunity to receive residence permit, having addressed to migratory police, without solvency confirmation;

- receiving a social package by ethnic Kazakhs in case of moving to the regions determined by the Government with establishment of a quota for oralmans' admission. At that the social assistance may be granted to oralmans if they move from any region of the country to the regions determined by the Government for settlement. However, in case of leaving such regions, earlier than in five years, the social package will come back to the state benefit;

- simplification of procedure for receiving nationality down to one year after receiving residence permit.

3. In the sphere of internal migration:

The main problem of internal migration is the disproportion of the population settlement across the territory of the republic, in particular between South and North. For solving the problem it is proposed to render assistance only to immigrants from the labor-abundant regions to the regions determined by the Government. For them the social package covering compensation of transportation costs, granting office dwellings, or rooms in the hostel, granting the microcredit will be provided.

Within the framework of developing the educational infrastructure it is proposed to provide expansion of educational places, modernize and expand quantity of places in hostels, introduce special grants for rural youth for training in higher education institutions and colleges in the regions determined by the Government and in higher education institutions and colleges of the northern regions

4. In the sphere of the population employment:

Standards for determining the differentiated size of quota on work positions for persons with disabilities of 2 to 4% depending on the total number of workers are introduced.

At that specially equipped workplaces for employment of persons with disabilities by subsidizing of the employers costs for these purposes at the expense of the republican budget will be created (till today there was not such a practice).

Besides, to exclude duplication the functions of employment bodies are reconsidered. Transfer of certain functions of employment to employment centers, including functions on registration of the unemployed, issue of the appointment for a vocational education, employment, issue of statements to the unemployed, and also those on formation and updating of the labor market database is provided for.


Changed on 23 October, 2015 - 16:52
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