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Order of performing labor migration.


Order of performing labor migration.

Calculation of quota on attracting the foreign labor force

 

Order of performing labor migration.

Foreigners′ and stateless persons′ labor activity on the territory of the Republic of Kazakhstan and the citizenry′s  of the Republic of Kazakhstan abroad  is performed under the legislation of the Republic of Kazakhstan.  
Foreign citizenry permanently residing in the Republic of Kazakhstan have equal rights and obligations as the citizenry of the Republic of Kazakhstan in labor relations
 Under regulation of labor migration the protection of internal labor- market has the priority significance. At the same time workers – migrates who have been legally admitted on the territory of the Republic of Kazakhstan would have not been evicted on the grounds of condition in labor market.
Foreigners and stateless persons coming in Kazakhstan by labor migration order which have no connection with citizenship change should have permanent place of residence beyond the Republic of Kazakhstan if other order is not  provided by intergovernmental conventions.  
Foreigners and stateless persons entering in the Republic of Kazakhstan and performing labor activity without allowance of authorized body must being excluded from the Republic of Kazakhstan by the internal affairs′ bodies under the legislation of the Republic of Kazakhstan, if other is not provided by intergovernmental conventions.

Order of quota determination and distribution on attracting the foreign labor force in the Republic of Kazakhstan

Quota on attracting the foreign labor force in the Republic of Kazakhstan is annually determined in the purpose of internal labor market protection by the government of the Republic of Kazakhstan under the article 11 of Population Employment Law of the Republic of Kazakhstan. Order of quota determination and distribution on attracting foreign labor force is settled under  the Rules of quota determination, terms and rules of issue the allowance on attracting the foreign labor force in the Republic of Kazakhstan by employers which approved by Governmental Decree of the Republic of Kazakhstan # 322 dated 17th March, 2004.
Authorized bodies (regional and Departments of employment and social programs′ coordination of Astana and Almaty cities) are annually to the 1st of October on the grounds of employers′ applications presented  for central bodies the basing of attracting foreign labor force on the forth year by form settled by the central executive body.   
The central executive body (the Ministry of labor and social protection of the RK) is annually to the 1st Of December submitted the project of statuary legal act about setting the quota on forth year to the Government of the Republic of Kazakhstan on the grounds of authorized bodies′ proposals.
The central executive body within 15 days after adoption of  governmental decision of the RK on quota determination is distributed it among the regions, the cities Astana, Almaty taking into account the situation in labor market and economical requirements on labor force of that regions, cities.


Calculation of quota on attracting the foreign labor force

Under the point 4 of the Rules of quota determination, terms and rules of issue the allowance on attracting the foreign labor force (further referred to as Rules) basing of attracting foreign labor force on the forth year on the grounds of employers′ applications is presented for the Ministry of labor and social protection of the RK by local executive bodies.  

The Ministry in it’s turn is formed the quota taking into account the state programs and large-scale investment projects, the presence of appropriate proposals in  the internal labor market, economical demands on labor force for produce’s  development and projects′ realization having the priority significance for the regions and the republic. 
The following programs are considered in the first place under forming the quota:
Strategy of industrial and innovational development of the Republic of Kazakhstan on 2003-2015;
State program of developing  Kazakhstan sector of Caspian Sea ( from 2006 to 2010)  – accelerated developing;
State program of house-building development in the Republic of Kazakhstan on 2005-2007.

Issue of allowance on attracting foreign labor force

The executive body is issued the license in the presence of free labor stations and absence of possibility to satisfy the demand on labor force due to internal labor force which has been allotted by central executive body under point 9 of the Rules.  

The allowance on attracting the foreign labor force is issued to the following employees′ categories  under point 12:

  • the first category – on attracting organization supervisory personnel;
  • the second category – on attracting the higher and secondary professional educated specialists with the approved documents;
  • the third category – on attracting the qualified employees;
  • the forth category – on attracting the employees engaging in seasonal farm jobs under the conventions on relationship in the field of labor migration and social protection of employees- migrates

  The citizenry of the Republic of Kazakhstan have right to hold public position under the article 12 of Government Service Law of the Republic of Kazakhstan.  Foreign specialists attracting in the Republic of Kazakhstan for performing labor activity have no right to hold public position the as they are not the citizenry of the Republic of Kazakhstan. 

Employer must present the following documents on issue of allowance to the authorized body:

  • application on issue in state or Russian languages indicating the amount, category of attracting labor force on separate professions and qualifications;
  • qualification requirements settled on each position under Qualification schedule of heads′, specialists′ and officers′ positions (QS), Single wage-rate schedule of works and employees′ professions (SWRS) approved by central executive body.
  • reasoning the necessity of knowing the foreign language and international standards, work experience abroad;
  • reference on proposals of vacant seats from the regional authorized body database in time no more than 1 month from the applying moment.
  • originals of republic and local periodicals with advertisements on vacant seats indicating qualification requirements on positions in state and Russian languages which have been published no more than 1 and 3 months from the applying moment;
  • results of searching on republic database through web-site of central executive body;
  • information on meeting the specific conditions of before issued licenses;
  • employer’s reasoned refuse on vacant seat to citizenry of Kazakhstan;
  • basing the amount of attracting foreign labor force.

Authorized body having considered the documents presented by employer must take a decision on issue or (non-issue) of allowance by recommendations of Committee on attracting the foreign labor force (further referred to as Committee) under the point 15 of Rules.
The Employer in the presence of license is concluded a labor contract with foreign workers  under labor legislation of the Republic of Kazakhstan.
Then employer under the point 22 of Rules after getting allowance must  form the list of attracting labor force and present it to authorized body no less than 3 months.  
The point 22 of Rules is provided that the lists of attracting labor force are made up in 5 copies indicating the surname, name, and patronymic, date of birth, citizenship, state of permanent residence, departure state, specialty and education, of position and profession’s  names, under the used  Single wage-rate schedule of works and employees′  professions, Qualification schedule of heads′, specialists′ and officers′  positions and Public Classifier 01-99 "Engagement classifier", approved by central executive body.

The followings is attaches to the list of attracting foreign labor force:

  • Translations of education documents certified by notary;
  • Medical references and HIV investigations;
  • Documents certified by employer confirming the employee’s labor activity;
  • Copy of labor contract;

Kazakhstan at the expiration of allowance. Authorized body after considering the documents on accordance to settled requirements is certified the lists within 5 working days

Under the point 3 of Rules its operation are not applied to foreign citizenry and stateless persons :

  • working as the main heads of foreign legal persons, their branch offices and representatives;
  • being on business trip which term is not overpasses 45 calendar days in the course of one year;
  • working as the main heads of organizations, which have concluded the contracts on investments′ sum in money equivalent upwards of 50 million USD with the Government of the Republic of Kazakhstan, and the main heads of legal persons of the Republic of Kazakhstan implementing investment activity in priority kinds of activity and which have concluded the contracts on with authorized body on investments;
  • working as the main heads of bank, insurance and (reinsurance) organizations
  • working as the main heads of Joint Stock companies′ executive bodies of the Republic of Kazakhstan which 50% of stock pertain to public;
  • being the officers of diplomatic representatives and international organizations, members of  consular offices accredited in the Republic of Kazakhstan;
  • arriving with the purpose of rendering charitable and humanitarian assistance;
  • being the representatives of foreign mass media accredited in the Republic of Kazakhstan;
  • being the crewmen of sea and river crafts, air, railway and motor transports which belong to foreign organizations;
  • working as artists and sportsmen;
  • being individual entrepreneurs;
  • permanently residing in the Republic of Kazakhstan;
  • issuing the status of refugee or political asylum on the territory of the Republic of Kazakhstan.

 

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