LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 19, 2020 No. 386-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning rendering services in provision of personnel

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Civil code of the Republic of Kazakhstan (Special part) of July 1, 1999 (The sheet of Parliament of the Republic of Kazakhstan, 1999, No. 16-17, of Art. 642; No. 23, Art. 929; 2000, No. 3-4, of Art. 66; No. 10, Art. 244; No. 22, Art. 408; 2001, No. 23, Art. 309; No. 24, Art. 338; 2002, No. 10, Art. 102; 2003, No. 1-2, of Art. 7; No. 4, Art. 25; No. 11, Art. 56; No. 14, Art. 103; No. 15, Art. 138, 139; 2004, No. 3-4, of Art. 16; No. 5, Art. 25; No. 6, Art. 42; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 21-22, of Art. 87; No. 23, Art. 104; 2006, No. 4, Art. 24, 25; No. 8, Art. 45; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 3, Art. 21; No. 4, Art. 28; No. 5-6, of Art. 37; No. 8, Art. 52; No. 9, Art. 67; No. 12, Art. 88; 2009, No. 2-3, of Art. 16; No. 9-10, of Art. 48; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 134; 2010, No. 3-4, of Art. 12; No. 5, Art. 23; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 3, Art. 32; No. 5, Art. 43; No. 6, Art. 50, 53; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 2, Art. 13, 14, 15; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 85; No. 13, Art. 91; No. 14, Art. 92; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 4, Art. 21; No. 10-11, of Art. 56; No. 15, Art. 82; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 11, Art. 61, 69; No. 14, Art. 84; No. 19-І, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 19-І, Art. 100; No. 19-II, Art. 102; No. 20-VII, Art. 117, 119; No. 22-І, Art. 143; No. 22-II, Art. 145; No. 22-III, Art. 149; No. 22-VI, Art. 159; No. 22-VII, Art. 161; 2016, No. 7-І, Art. 49; No. 7-II, Art. 53; No. 8-І, Art. 62; No. 12, Art. 87; No. 24, Art. 126; 2017, No. 4, Art. 7; No. 13, Art. 45; No. 21, Art. 98; 2018, No. 11, Art. 37; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 47, 50; No. 19, Art. 62; 2019, No. 2, Art. 6; No. 7, Art. 37; No. 15-16, of Art. 67; No. 19-20, of Art. 86; No. 23, Art. 103; No. 24-І, Art. 118; 2020, No. 12, Art. 63; No. 14, Art. 72; The Law of the Republic of Kazakhstan of October 6, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning anti-corruption", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 7, 2020):

Chapter 33 tables of contents to add 1) with heading of Article 687-1 of the following content:

"Article 687-1. The service provision agreement on provision of personnel";

Shall be replaced with words 2) in Item 2 of Article 683 of the word "and others, except for services" "and other services, except for services in provision of personnel, and also services";

Chapter 33 to add 3) with Article 687-1 of the following content:

"Article 687-1. The service provision agreement on provision of personnel

According to the service provision agreement on provision of personnel one party (sending party) directs the worker for performance of work in interests, under management and control of other party (host party).".

2. In the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (The sheet of Parliament of the Republic of Kazakhstan, 2015, No. 20-II, 20-III, Art. 112; 2016, No. 1, Art. 4; No. 6, Art. 45; No. 7-II, Art. 55; No. 8-І, Art. 62, 65; No. 8-II, Art. 72; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 124, 126; 2017, No. 9, Art. 21; No. 14, Art. 50, 51; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 115; 2018, No. 10, Art. 32; No. 11, Art. 37; No. 14, Art. 44; No. 15, Art. 46, 49, 50; No. 19, Art. 62; No. 22, Art. 82, 83; No. 24, Art. 94; 2019, No. 2, Art. 6; No. 5-6, of Art. 27; No. 7, Art. 37, 39; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; Art. No. 21-22, 90, 91; No. 23, Art. 108; No. 24-І, Art. 118; No. 24-ІІ, Art. 123, 124; 2020, No. 9, Art. 33; No. 10, Art. 39, 44; No. 11, Art. 59; No. 12, Art. 61; No. 13, Art. 67; No. 14, Art. 68; No. 16, Art. 77):

Item 2 of Article 24 to add 1) with part four of the following content:

"For the purposes of rendering the state support and application of other regulations of the legislation of the Republic of Kazakhstan the annual average number of workers of the subjects of entrepreneurship using work of workers of the sending party according to the service provision agreement on provision of personnel is determined taking into account workers of the sending party.";

2) in Article 48:

add Item 3 with the words "and (or) to the service provision agreement on representation of personnel";

and 5 to state items 4 in the following edition:

"4. The procedure for the conclusion of the agreement on hiring in country or farm, and also service provision agreements is determined by provision of personnel by the labor and civil law of the Republic of Kazakhstan.

5. Members country or farm and the citizens working in economy according to the employment contract, and also according to the service provision agreement on provision of personnel have all rights provided by the laws of the Republic of Kazakhstan.".

3. In the Labor code of the Republic of Kazakhstan of November 23, 2015 (The sheet of Parliament of the Republic of Kazakhstan, 2015, No. 22-IV, Art. 151; 2016, No. 7-І, Art. 49; 2017, No. 11, Art. 29; No. 12, Art. 34; No. 13, Art. 45; No. 20, Art. 96; 2018, No. 1, Art. 4; No. 7-8, of Art. 22; No. 10, St. 32; No. 14, Art. 42; No. 15, Art. 47, 48; 2019, No. 15-16, of Art. 67; No. 21-22, of Art. 91; 2020, No. 9, Art. 29; No. 10, Art. 39; No. 11, Art. 57; No. 12, Art. 63; No. 16, Art. 77):

1) in table of contents:

to add article 105 heading after the word of "workers" with words ", workers of the sending party";

to add heading of Chapter 10 with words ", the worker of the sending party";

to state heading of Article 123 in the following edition:

"Article 123. Liability of the worker, worker of the sending party for damnification to the employer or host party";

add with heading of Article 137-1 of the following content:

"Article 137-1. Procedure of activities for rendering services in provision of personnel";

to state heading of Chapter 18 in the following edition:

"Chapter 18. The rights and obligations of workers, workers of the sending party, the employer and the host party in the field of safety and labor protection";

add with headings of Articles 181-1, 182-1, 187-1 and 188-1 of the following content:

"Article 181-1. The rights and obligations of the worker of the sending party in the field of safety and labor protection";

"Article 182-1. The rights and obligations of the host party in the field of safety and labor protection";

"Article 187-1. Obligations of the host party in case of investigation of the accidents connected with labor activity of workers of the sending party";

"Article 188-1. Procedure for education and structure of the commission on investigation of the accidents connected with labor activity of workers of the sending party";

2) in Item 1 of Article 1:

in the subitem 27):

after words of "worker", "employer" to add respectively with words ", the worker of the sending party", "or the host party";

replace the word "its" with the word "their";

the subitem 28) after words "the act of the employer," to add with words "the act of the host party,";

add with subitems 48-1), 48-2), 52-1), 52-2) and 69-1) of the following content:

"48-1) sending party - the legal entity registered according to the procedure, established by the legislation of the Republic of Kazakhstan, performing activities for rendering services in provision of personnel, including branch of the foreign legal entity;

48-2) workers of the sending party - the workers involved based on the employment contract signed with the sending party according to the service provision agreement on provision of personnel;";

"52-1) host party - physical person or legal entity, the individual entrepreneur, including country or farm, attracting to work of workers of the sending party according to the service provision agreement on provision of personnel;

52-2) acts of the host party - orders, orders, instructions, rules, provisions, schedules of working in shifts, schedules of watches published by the host party according to the service provision agreement on provision of personnel;";

"69-1) provision of personnel - the direction of the worker according to the service provision agreement on provision of personnel by the sending party to the host party for accomplishment of labor function by it in interests, under management and control of the host party;";

Item 2 of Article 8 to state 3) in the following edition:

"2. Action of this Code extends to workers, workers of the sending party, employers, and also the host party who are located in the territory of the Republic of Kazakhstan, including branches and (or) representations of foreign legal entities which underwent accounting registration if other is not provided by the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.";

Item 1 of Article 40 to add 4) with part two of the following content:

"For the purposes of this Article the host party is understood as the legal entities specified in part three of this Item.";

5) in Article 48:

in Items 1, 2, 3 and 4:

after words "employer", "employer", "Employer" to add "employer" respectively with the words "or host party", "or host party", "or host party", "or host party";

"shall" replace the word with the word "shall";

after words of "worker", to "worker" to add respectively with words ", the worker of the sending party", ", to the worker of the sending party";

to add Item 5 after words of "worker", "employer" respectively with words ", the worker of the sending party", "or the act of the host party";

in Item 6:

after words of "employer", "worker", "employer" to add respectively with the words "or act of the host party", ", the worker of the sending party", "or the host party";

replace the word "its" with the word "their";

Item 2 of Article 69 to add 6) with part four of the following content:

"The reduced duration of working hours is provided to workers of the sending party based on results of certification of production facilities under the terms of work of the host party.";

Item 1 of Article 89 to add 7) with part two of the following content:

"Additional paid annual labor vacations are granted to workers of the sending party based on results of certification of production facilities under the terms of work of the host party.";

To add Article 103 with Item 1-1 of the following content:

"1-1. The size of base pay of workers of the sending party shall be not lower than the size of base pay of workers of the host party on similar position, the corresponding qualification, specialty or profession, complexity, quantity and quality of the performed work, and also production living conditions according to the service provision agreement on provision of personnel.

The salary is paid to workers of the sending party for the time which is actually worked them considered in documents on accounting of working hours of the host party.";

9) in Article 105:

to add heading after the word of "workers" with words ", workers of the sending party";

add Item 3 with part two of the following content:

"Based on results of certification of production facilities under the terms of work of the host party the raised official pay rates (rates) or surcharges to workers of the sending party are established in case of the conclusion of the service provision agreement on provision of personnel.";

Heading of Chapter 10 to add 10) with words ", the worker of the sending party";

11) in Article 123:

state heading in the following edition:

"Article 123. Liability of the worker, worker of the sending party for damnification to the employer or host party";

Item 1 after words of "worker", to "employer" to add "employer" respectively with words ", the worker of the sending party", "or the host party", "or acts of the host party";

in Items 2, 3, 4, 5 and 6:

after words of "worker", to "worker", "Worker", to "workers" to add respectively with words ", the worker of the sending party", ", to the worker of the sending party", ", the worker of the sending party", to "workers of the sending party";

after words to "employer", "employer", "employer", "employer", "Employer" to add respectively with the words "or host party", "or host party", "or host party", "or host party", "or host party";

"shall" replace the word with the word "shall";

Item 7 after words "workers", to "workers" to add "employer" respectively with words ", workers of the sending party", ", to workers of the sending party", "or the act of the host party";

in Item 8:

paragraph one, subitems 1), 2), 4) and 5):

after words to "employer", "employer" to add "employer" respectively with the words "or host party", "or host party", "or host party";

after words of "worker", to "worker", "worker" to add respectively with words ", the worker of the sending party", ", to the worker of the sending party", ", the worker of the sending party";

6) to add the subitem with the words "or acts of the host party";

To add 12) with Article 137-1 of the following content:

"Article 137-1. Procedure of activities for rendering services in provision of personnel

1. The sending party signs the employment contract or the supplementary agreement to the employment contract and directs workers to the host party for accomplishment by workers of the sending party of the labor functions defined by their employment contracts in interests, under management and control of the host party. The sending party is employer for workers of the sending party and has rights and obligations provided by this Code.

2. The direction of the worker of the sending party to the host party is allowed after signing by the worker and sending party of the employment contract or the supplementary agreement to the employment contract with indication of the place of performance of work at the host party.

The direction of the worker of the sending party for accomplishment of hard work, works with harmful and (or) dangerous working conditions is allowed to the host party on condition of availability of results of certification of production facilities under the terms of work of the host party, and also acquaintance of the worker of the sending party with such results on its workplace.

In case the sending party performs activities within the service provision agreement for provision of personnel, the class of professional risk of the directed worker shall conform to requirements of the Law of the Republic of Kazakhstan "About compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it". The sending party has no right to direct, and the host party has no right to allow to workplace of the worker of the sending party, uninsured on compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it.

3. The direction of workers of the sending party is allowed to the host party in the following cases:

1) for performance of work in household at physical persons;

2) for the period of accomplishment of certain work;

3) for the period of substitution of temporarily absent worker;

4) for the period of accomplishment of seasonal work.

4. Date of completion of work as the worker of the sending party at the host party is the day specified in the notification sent by the host party to the sending party on the expiration of employees engagement of the sending party by the host party.

5. The direction of workers of the sending party is not allowed to the host party for performance of work in the following cases:

1) replacements of the workers participating in strike according to the procedure established by the legislation of the Republic of Kazakhstan;

2) replacements of the workers who refused performance of work in cases and procedure which are established by the labor law of the Republic of Kazakhstan, except for deteriorations in the state of health of the worker;

3) idle time, implementation of insolvency proceeding, introduction of the mode of part-time for the purpose of jobs preservation in case of threat of dismissal of workers.

6. Conditions and procedure for performance of work by workers of the sending party are determined by the service provision agreement by provision of personnel which consist between guide and the Republic of Kazakhstan accepting the parties according to the civil legislation.

The provisions of the service provision agreement on provision of personnel worsening situation of workers of the sending party in comparison with the labor law of the Republic of Kazakhstan are recognized invalid and are not subject to application.

7. The host party shall observe the rights of workers of the sending party in case of regulation of the work-rest schedule provided by the labor law of the Republic of Kazakhstan.

8. The assumption by the host party of discrimination in the field of compensation against workers of the sending party is forbidden in case of the conclusion of the service provision agreement on provision of personnel.

9. The worker of the sending party has the right to refusal of performance of work in case of the situation creating threat to his health or life with the notice on it of the representative of the host party and representative of employer, and also has other rights and performs the duties provided by this Code.

10. The host party has the right:

1) to demand from workers of the sending party of accomplishment of conditions of the employment contract, rules of the labor schedule and other acts of the host party;

2) to encourage workers of the sending party according to the procedure, provided by the act of the host party;

3) on compensation of damage caused by the worker of the sending party in case of execution of labor obligations.

11. The host party shall:

1) to acquaint the worker of the sending party with the rules of the labor schedule, other acts of the host party directly related to work (labor function);

To provide 2) to workers of the sending party production living conditions according to the labor law of the Republic of Kazakhstan;

3) to provide workers of the sending party with the equipment, tools, technical documentation and other means necessary for execution of labor obligations, at the expense of own means;

4) to stop work if its continuation creates threat of life, to health of the worker of the sending party and other persons;

5) to notify the worker of the sending party on harmful and (or) dangerous working conditions and possibility of occupational disease;

6) to take measures for prevention of risks on workplaces and in engineering procedures, to carry out scheduled maintenance taking into account production and scientific and technical progress;

To record 7) working hours, including overtime works, works in days off and holidays, in harmful and (or) dangerous working conditions, on the hard work performed by each worker of the sending party.

12. In case of violation by the worker of the sending party of labor discipline the host party within five working days from the date of detection of this fact notifies the sending party for decision making on attraction it to disciplinary responsibility according to the labor law of the Republic of Kazakhstan.

13. The liability of the worker of the sending party for the damage caused to the host party comes in cases, stipulated in Article 123 of this Code, regulatory legal acts of the Republic of Kazakhstan, and also the employment contract.

14. Employment relationships of workers of the sending party are performed according to this Code, the laws of the Republic of Kazakhstan and the employment contract.";

Heading of Chapter 18 to state 13) in the following edition:

"Chapter 18. The rights and obligations of workers, workers of the sending party, the employer and the host party in the field of safety and labor protection";

To add 14) with Articles 181-1 and 182-1 of the following content:

"Article 181-1. The rights and obligations of the worker of the sending party in the field of safety and labor protection

1. The worker of the sending party has the right on:

1) the workplace equipped according to requirements for safety and labor protection at the host party;

2) providing with sanitary and household rooms according to requirements for safety and labor protection of the host party;

3) receipt of reliable information from the host party about the characteristic of workplace and the territory of the organization, condition of conditions, safety and labor protections, about the existing professional risk for his life and health, and also about measures for its protection against impact of harmful and (or) dangerous production factors.

2. The worker of the sending party shall:

1) to observe requirements of regulations, rules and security guidelines and labor protection of the host party;

Immediately to report 2) to the employer or the representative of the host party about each industrial injury and other damages of health of workers, signs of occupational disease (poisoning), and also about situation which creates threat of life and to human health;

3) upon the demand of the host party to have routine medical examinations in the cases provided by the act of the host party.";

"Article 182-1. The rights and obligations of the host party in the field of safety and labor protection

1. The host party has the right:

1) to encourage workers of the sending party for assistance in creating favorable conditions of work on workplaces, improvement suggestions on creation of safe working conditions;

2) to demand from workers of the sending party of strict observance of requirements for safe operation on production;

3) to direct workers of the sending party at the expense of own funds for routine medical examinations in accordance with the terms of the service provision agreement on provision of personnel.

2. The host party shall:

1) to represent results of certification of production facilities under the terms of work to the sending party in case of the conclusion of the service provision agreement on provision of personnel. In case of non-presentation of results of certification of production facilities under the terms of work by the host party the conclusion of the service provision agreement on provision of personnel is forbidden to the sending party;

2) to take measures for prevention of any risks on workplaces and in engineering procedures concerning workers of the sending party by performing prevention, replacement of production equipment and engineering procedures on safer;

3) to carry out instructing of workers of the sending party on safety issues and labor protections;

4) to create to workers of the sending party necessary sanitary and hygienic conditions according to the health regulations and hygienic standard rates established by state body in the field of sanitary and epidemiologic wellbeing of the population;

5) not to allow the workers of the sending party who did not reach eighteen-year age, to transferring and movement of the weights exceeding the limit rates established for them;

6) not to allow lifting and moving manually by women of the weights exceeding the limit rates established for them;

7) to take urgent measures for prevention of development of emergency and impact of the injuring factors on workers of the sending party;

8) to perform the analysis of the accidents connected with labor activity and occupational diseases of workers of the sending party;

To provide 9) together with the sending party investigation of the accidents connected with labor activity of workers of the sending party, according to the procedure, established by the legislation of the Republic of Kazakhstan;

10) in the cases provided by this Code to discharge workers of the sending party of work with the immediate notification of the sending party according to the procedure, provided by the service provision agreement on provision of personnel.";

15) in Article 186:

in Items 2 and 3:

after words of "workers", "worker", "employer", "employer" to add respectively with words ", workers of the sending party", ", the worker of the sending party", "or the host party", "or the host party";

"which" word to replace with the word of "which";

add with Item 7 of the following content:

"7. Responsibility for the organization of investigation of the accidents connected with labor activity of workers of the sending party, and occupational diseases on production and also for the admission on object or workplace of the representative of the sending party is born by the host party.";

To add 16) with Articles 187-1 and 188-1 of the following content:

"Article 187-1. Obligations of the host party in case of investigation of the accidents connected with labor activity of workers of the sending party

The host party shall:

1) to organize first aid to the injured worker of the sending party and in need of its delivery in the organization of health care;

2) to keep prior to investigation on-scene situation of the accident connected with labor activity (condition of the equipment and mechanisms, instruments of labor), in the same type as at the time of incident provided that it does not threaten life and health of other persons, and violation of continuity of production process will not lead to accident, and also to make photography of the place of accident;

3) immediately to inform the sending party on accident;

4) to allow members of the commission on special investigation to the scene for investigation of the accident connected with labor activity of the worker of the sending party.";

"Article 188-1. Procedure for education and structure of the commission on investigation of the accidents connected with labor activity of workers of the sending party

1. Investigation of the accidents connected with labor activity of the workers of the sending party, except as specified, who are subject to special investigation is conducted by the commission created by the act of the host party within twenty four hours from the moment of receipt of the conclusion about severity of industrial injury in the following structure:

1) the chairman - the head of the organization (production service) of the host party or his deputy, and in case of their absence - the authorized representative of the host party;

2) the vice-chairman - the head of the organization of the sending party or his deputy, and in case of their absence - the authorized representative of the sending party;

3) members - the safety manager and labor protections of the organization (host party) and employee representative of the sending party.

2. The official of the host party who is directly responsible for labor safety on the respective site where there was accident connected with labor activity when conducting investigation of the commission is not included.

3. Special investigation of the accident connected with labor activity is conducted by the commission created within twenty four hours by local body for inspection of work from the moment of receipt of the conclusion about severity of industrial injury in the following structure:

1) the chairman - the state inspector of work;

2) members - the head of the organization (production service) of the host party or his deputy, and also the head of the organization of the sending party or his deputy and the representative of the worker of the sending party.

Investigation of the group accidents connected with labor activity in case of which two persons died is conducted by the commission which is headed by the chief state inspector of work of area, city of republican value, the capital.

Investigation of the group accidents connected with labor activity in case of which died from three to five people is conducted by the commission created by authorized state body on work, and in case of death more than five people - the Government of the Republic of Kazakhstan.".

4. In the Law of the Republic of Kazakhstan "About compulsory insurance of the worker from accidents in case of execution of labor (office) obligations by it" of February 7, 2005 (The sheet of Parliament of the Republic of Kazakhstan, 2005, No. 3-4, of Art. 2; 2007, No. 8, Art. 52; 2009, No. 24, Art. 134; 2010, No. 5, Art. 23; 2012, No. 13, Art. 91; 2014, No. 19-І, 19-II, Art. 96; No. 23, Art. 143; 2015, No. 8, Art. 45; No. 22-V, Art. 152; No. 22-VI, Art. 159; 2017, No. 4, Art. 7; No. 13, St. 45; 2018, No. 10, Art. 32; No. 13, Art. 41; 2019, No. 15-16, of Art. 67; 2020, No. 13, Art. 67):

Item 1 of Article 9 to add 1) with subitem 2-1) of the following content:

"2-1) to check information for compliance of reference of types of economic activity to classes of professional risk according to the staff list or other information provided by the insurer and (or) requested by the insurer;";

Part the second Item 3 of Article 11 to add 2) with the offer the second the following content:

"The insurer has the right to require in addition to the statement submission of the staff list or other information for check of correctness of reference of the types of economic activity declared by the insurer to classes of professional risk.";

Item 3 of Article 17 to add 3) with part three of the following content:

"In case when the insurer performs activities within the service provision agreement for provision of personnel as the sending party, it is subject to reference to type of economic activity which has class of professional risk not below class of professional risk of the host party or the most high-class professional risk of the host party, according to the service provision agreements signed by it on provision of personnel.".

5. In the Law of the Republic of Kazakhstan "About employment of the population" of April 6, 2016 (The sheet of Parliament of the Republic of Kazakhstan, 2016, No. 7-І, Art. 48; 2017, No. 13, Art. 45; No. 22-III, Art. 109; 2018, No. 7-8, of Art. 22; No. 10, Art. 32; No. 15, Art. 50; No. 22, Art. 83; 2019, No. 7, Art. 39; No. 15-16, of Art. 67; No. 23, Art. 106; 2020, No. 10, Art. 39; No. 12, Art. 61):

1) Article 27 to add with Item 3 following of content:

"3. In case of establishment of quotas, stipulated in Item 1 this Article, in payroll number of workers of the sending party the workers involved to work according to the service provision agreement on provision of personnel are not considered.";

Item 6 of Article 33 to state 2) in the following edition:

"6. The quantity of the foreign labor power attracted by the employer on permissions shall correspond to the percentage ratio determined by authorized body concerning employment of the population to the number of the Kazakhstan personnel taking into account the workers of the sending party performing labor activity within the service provision agreement on provision of personnel.".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication.

 

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