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Question about the need to register a branch or representative office

Are the requirements of some local executive bodies to the employer on the need to register a branch or representative office in the administrative-territorial unit legal, where permits for foreign workers will be issued?

Answer:

According to point 10 of Rules and conditions of issue and (or) prolongation of permissions to employers to hire of foreign labor, and also implementation of the internal corporate transfer approved by the order of the acting Minister of health care and social development of the Republic of Kazakhstan dated June 27, 2016 № 559, to obtain permission, the employer or his authorized person through the information system "State database "E-licensing" or in paper form shall submit to the local executive body at the place of employment of foreign labor application, according to Annex 4 to the Rules, with the application of documents submitted for permission to hire foreign labor in accordance with Annex 5 to the Rules, as well as information on hiring foreign employees with the name, patronymic (including Latin letters), date of birth, citizenship, number, date and authority of issuance of passport ( identity document), country of permanent residence, country of departure, education, name of specialty, qualification (position) in accordance with the applicable professional standards in the Republic of Kazakhstan, Qualification directory of positions of managers, specialists and other employees, typical qualification characteristics of positions of managers, specialists and other employees of the organizations, the Unified tariff and qualification directory of works and professions of workers, tariff and qualification characteristics of professions of workers and the State classifier of the Republic of Kazakhstan 01-99 " Classifier of occupations".

Thus, in order to obtain a permit, the employer or a person authorized by him through the information system "State database "E-licensing" or in paper form shall submit to the local executive body at the place of employment of foreign labor an application, in accordance with Annex 4 to the Rules, with the application of documents submitted for obtaining permission to hire foreign labor in accordance with Annex 5 to the Rules.

At the same time, we inform that according to article 4 of the Law of the Republic of Kazakhstan "On state registration of legal entities and registration of branches and representative offices" state registration of legal entities and registration of branches and representative offices is carried out by the justice bodies (registration body).

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