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What is meant by foreign manpower in the Republic of Kazakhstan ? Terms of granting permission to hire foreign manpower

What is meant by foreign manpower in the Republic of Kazakhstan ?

Terms of granting permission to hire foreign manpower

 

What is meant by foreign manpower in the Republic of Kazakhstan ?


According to Rules for quota determination and granting permission to attract foreign manpower in the Republic of Kazakhstan approved by Regulation of the Government of the Republic of Kazakhstan № 836 dated 19th of 2001, foreign citizenry and stateless persons employed abroad for work on the territory of the Republic are considered to be foreign manpower.

Distinctive feature of Kazakhstan labor legislation is the protection of internal labor market and invitation of foreign high skill specialists in the country.

If you have a rare profession and came to Kazakhstan for performing labor activity, employer suggesting workplace to you must have license (permission) to hire foreign manpower. On the ground of this permission, issued by Ministry of Labor and population social protection, Ministry of Foreign Affairs grants you entrance visa giving the right for working activity performing.

If your employer has not the permission for working activity in the Republic you can not work in the country.


Categories of foreign citizenry who are not required the license for performing labor activity on the territory of the Republic of Kazakhstan The following categories of citizenry who are not required the license for performing labor activity on the territory of the Republic of Kazakhstan are established by Rules of determining quota, terms and order of issuing an allowance to employers on attracting foreign labor force # 836 dated 19th July,2001:

Heads of foreign companies' branches working in the RK ;

 Foreigners coming for a business trip on term no more than 45 days;

Heads of foreign organizations which are in relationship with the Government of the Republic of Kazakhstan by agreements to the investment sum over 50 million USD;

Heads of bank and insurance organizations and also pension funds;

Officials of diplomatic representatives and international organizations accredited in Kazakhstan;

Officials of foreign mass media, broadcast and television accredited in Kazakhstan;

Officials of charitable and humanitarian organizations registered in Kazakhstan;

Crewmen of foreign sea, river, air and railway transport;

Artists and sportsmen holding a contract with state bodies of the Republic of Kazakhstan;

Individual entrepreneurs, including entrepreneurs realizing their activity in the sphere of commerce and population service, also rebuilding and construction of private dwelling;

foreign citizenry with permanent place of residence in the Republic of Kazakhstan (having residence permit);

refugees who were officially admitted and persons getting political asylum in Kazakhstan.

 


Terms of granting permission to hire foreign manpower

Employer gets permission to hire foreign manpower (further referred to as permission) in central executive body. Permission is issued in the limits of quota stated by the Government of the Republic of Kazakhstan.


Main employer requirements for hiring foreign manpower

If employer has permission for foreign manpower hiring he concludes individual labor contracts with foreigners and stateless persons according to Rules and in the order established by labor legislation of the Republic of Kazakhstan.
Permission is not required for foreign citizenry:

working as first heads of foreign juristic persons, their branches and representatives;

who is in business trip for the term exceeding 45 calendar days in a year.

Ministry of Labor and social protection can restrict the number of recruited foreign citizenry in respect of certain professions and qualifications in the presence of corresponding supply in internal labor market.
Employer is obliged to take the following measures of search for workers in internal labor market (at least 1 month prior to submission of application for permission obtaining):

to send information about vacancies to authorized body within 3 working days after their appearance;

to advertise vacancies in the state and Russian languages in periodicals determined by central executive bodies.

Ministry of Labor and population social protection can prolong the term of search for workers in internal labor market for 1 month if the activity of employer does not require introduction of new technologies, investments and professional preparation of Kazakhstan cadres.

 


Categories of permission for foreign manpower hiring

1 category - for hiring of supervisory personnel;

2 category - for hiring of specialists with certified higher and secondary special education and individual entrepreneurs;

3 category - for hiring of qualified workers.

 


Additional terms for granting permission to hire foreign manpower

for 1 category – re-preparation, preparation and skill improvement of Kazakhstan specialists with higher and secondary professional education to replace foreign citizenry until permission term end;

for 2 category – preparation of Kazakhstan specialists to replace foreign citizenry, setting of proportion between Kazakhstan and foreign manpower, regular applications to authorized body on questions of employment and workers demand;

for 3 category – preparation of Kazakhstan specialists to replace foreign citizenry at a time stated by these Rules, creation of additional workplaces for Kazakhstan citizenry, organization of public work, regular applications presented in authorized body on questions of employment and workers demand.

Employer, in accordance with cadres’ preparation program approved for one calendar year, must conduct professional training and re-preparation of Kazakhstan workers and issue certificates confirming their qualification.


List of documents necessary for obtaining of permission to hire foreign manpower with the aim of working activity performing

For obtaining of permission to hire foreign manpower with the aim of working activity performing on the territory of given oblast, Astana and Almaty cities employer submits the following documents in corresponding authorized body for employment problems:

application for permission in the state or Russian languages indicating number, categories, professions and qualifications of hired manpower;

confirmation of search for workers in internal labor market and evidences (information) of absence of necessary specialists among Kazakhstan citizenry looking for a job;

confirmation of correspondence between qualification requirements on foreign language knowledge, work experience abroad, use of new technologies and workers` functions.


Terms of employer’s application consideration

On the ground of presented documents territorial divisions of authorized bodies for employment problems takes decision about expediency of necessary foreign power hiring within 10 calendar days and sends it to central executive body together with the documents.

Central executive body gives (or does not give permission) within 10 calendar days and in case of positive decision permits to hire foreign manpower in the limits of stated number. Also the body determines category, qualification, territories and validity term of the permission.


Refusal to grant permission for foreign manpower hiring

In cases of :

improper presenting of documents in accordance with point 14 of these Rules;

if employer does not take any steps to search for specialists in internal labor market in accordance with point 9 of these Rules;

non-fulfillment of terms of previous permissions in accordance with points 12 and 13 of these Rules;

quota limits exceeding.


Preparation and attesting of imported foreign manpower lists

Employer, on the ground of permissions granted by central executive bodies, prepares lists of imported foreign manpower and presents them to authorized bodies for employment problems.

Lists of imported manpower are prepared in 5 copies and certified by employer:

Surname, name and patronymic, birth date, citizenship, departure country, specialty and education, worker’s post (in accordance with standard tariff-qualification reference-book of posts and occupations classifier applied in the Republic of Kazakhstan) are indicated in the lists.

Lists come together with information about correspondence of imported foreign manpower to required category and qualification. Individual labor contract must be concluded in accordance with legislation of the Republic of Kazakhstan.

Employer is responsible for presented information in accordance with legislation of the Republic of Kazakhstan.

copy of permission certified by notary;

copies of education documents certified by notary;

medical references of HIV examination (international standard form) ;

documents certifying record of service by profession are attached to imported manpower lists.

Lists are not attested in case of:

improper presenting of documents in accordance with points 18, 19 of these Rules;

if imported manpower does not correspond to required category and qualification.

Visa support is rendered only in the presence of imported manpower lists certified by authorized bodies.

 

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