Previously, when obtaining a permit for FL, we made a contribution to the bank for deposits of our employees. This year, referring to the decree of the Government of the Republic of Kazakhstan dated August 18, 2016 № 459 we paid 916 676 KZT for two employees, we were also told that from this year we can return our money from the deposit, but our bank requires an official letter from the authorized state bodies, as a basis for withdrawing money. our actions are entitled to? if yes, provide a link from the law.
In essence, the questions you have voiced, we inform the following.
In accordance with paragraph 8 of the Rules of submitting guarantee fee and its size by employer in the banks of the country of employment, approved by the order of the Minister of health care and social development of the Republic of Kazakhstan dated March 27, 2015 № 167 (hereinafter – the Order), the authorized body shall issue a written consent to the employer for the return of the guarantee fee made by him in the presence of confirmation by the internal affairs bodies of the Republic of Kazakhstan of the departure of a foreign worker outside the Republic of Kazakhstan
At the same time, the above Order lost its force by the order of the Minister of labour and social protection of population of the Republic of Kazakhstan dated September 25, 2017 № 314 (registered in the Ministry of justice of the Republic of Kazakhstan dated November 2, 2017 № 15962), which was officially published in the information and legal systems "Adilet" dated November 16 this year and came into force on November 27, 2017.
Thus, employers do not need to provide a letter of consent from the authorized body to return the guarantee fees paid for foreign workers.