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Reissuance of work permit due to change of legal address (p 61 of the Rules) and validity of issued permits (p 33 of the Rules)

We ask to clarify

Answer:

Having considered the letter regarding the reissuance of permission to hire foreign labor, we inform the following.

In accordance with article 33 of the Law of the Republic of Kazakhstan "On employment of the population", foreign labor is hired by employers for implementation of labor activity in the Republic of Kazakhstan on the basis of permits to hire foreign labor, issued by the local executive body of the relevant administrative-territorial unit.

The permit issued by the local executive body for hiring foreign labor is not subject to transfer to other employers, is valid only in the territory of the relevant administrative-territorial unit, except for the direction by the employer of foreign workers on whom permits are obtained, on a business trip to enterprises, organizations located on the territory of other administrative-territorial units, for a period that does not exceed a total of ninety calendar days within one calendar year.

In accordance with paragraph 61 of the Rules and conditions for the issuance and (or) extension of permits to employers to hire foreign labor, as well as the implementation of internal corporate transfer, approved by the order of the Ministry of health care and social development of the Republic of Kazakhstan dated June 27, 2016 № 559, the reissuance of previously issued permits is carried out in the case of reorganization of the employer-legal entity of the Republic of Kazakhstan or a branch (representative office) of a foreign legal entity in the form of merger, accession, division, separation or transformation, and also in case of change of its name or details specified in the permit to hire foreign labor.

The employer within ten working days from the date of reorganization shall submit an application to the local executive body for the reissuance of the permit, with copies of documents confirming the specified information.

The local executive body within five working days from the date of application shall reissue the permit with the assignment of a new number.

In connection with the above, the permit issued in the territory of "A" shall be reissued only in the authorized body located in the territory of "A" and which will apply only in the territory of "A".

At the same time, the permit issued by the authorized body located on the territory of "A" by the authorized body located on the territory of "B" shall not be reissued.

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