We hereby ask you to inform if LLP with 50% foreign participation has the right to employ a foreign employee - a French citizen permanently residing in the UAE, for the position of Director of LLP, which will work remotely from the UAE, without a work permit?
Having considered the question of the exercise of foreign employee remote work, we inform the following.
In accordance with subparagraph 4) of paragraph 1 of article 26 of the Labor code of the Republic of Kazakhstan (hereinafter - the Code), it is not allowed to conclude labour contract with foreigners and stateless persons temporarily staying in the territory of the Republic of Kazakhstan, before obtaining permission from the local executive body to attract foreign labor or a certificate of compliance with the qualification for self-employment issued in the manner determined by the authorized body on issues of migration of the population, foreign workers, or prior to obtaining a permit for a labor immigrant issued by the internal affairs bodies in the manner., established by the Ministry of internal affairs of the Republic of Kazakhstan, or without observance of restrictions or exceptions established by the laws of the Republic of Kazakhstan.
According to paragraph 1 of article 138 of the Code, remote work is a special form of employment execution outside the employer's location, using information and communication technologies in the course of work.
Paragraph 2 of article 8 of the Code establishes that the Code applies to employees and employers located in the territory of the Republic of Kazakhstan, including branches and (or) representative offices of foreign legal entities that have been registered, unless otherwise provided by laws and international treaties ratified by the Republic of Kazakhstan.
In connection with the above, the employer is not required to obtain a permit to attract foreign labor in the implementation of foreign worker labor activity outside the territory of the Republic of Kazakhstan, ie remotely.