THE ORDER OF THE DEPUTY PRIME MINISTER - THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of June 13, 2023 No. 217

About approval of Rules of the organization and financing of outsourcing of services in the sphere of employment of the population

1. Approve the enclosed Rules of the organization and financing of outsourcing of services in the sphere of employment of the population.

2. Declare invalid some orders of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan according to appendix to this order.

3. To provide to department of employment of the population of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan.

5. This order becomes effective since July 1, 2023 and is subject to official publication.

Approved by the Order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 13, 2023 No. 217

Rules of the organization and financing of outsourcing of services in the sphere of employment of the population

Chapter 1. General provisions

2. The basic concepts used in these rules:

1) the center of labor mobility – the legal entity created by local executive body of area, city of republican value and the capital for the purpose of development and implementation of measures of assistance of employment;

2) private employment agency – the physical person or legal entity rendering the labor mediation registered according to the procedure, established by the legislation of the Republic of Kazakhstan;

3) the unemployed – the physical person performing job search and ready to get to work;

4) outsourcing of services in the sphere of employment of the population (further – outsourcing of services) – complex of the actions directed to transfer of services by the center of labor mobility to private employment agencies based on the agreement on outsourcing of services in the sphere of employment of the population.

5) Electronic employment exchange (further – EBT) – the object of informatization representing the single digital platform of employment for job seekers and employers providing job search and assistance in personnel recruitment, rendering services in the sphere of employment in electronic and pro-active format according to the Code;

Chapter 2. Procedure for the organization of outsourcing of services in the sphere of employment of the population

3. The center of labor mobility places on EBT the announcement of carrying out outsourcing of services in the sphere of employment of the population.

4. The announcement of carrying out outsourcing of services is published by the center of labor mobility on EBT weekly on environments.

Announcements of carrying out outsourcing of services contains the following information:

1) name of the center of labor mobility, legal address, contact information, surname, name, middle name (in the presence) responsible person;

2) the list of the services offered within outsourcing of services (further - services);

3) quantity of lots and the unemployed in them on categories grouped in professions;

4) the draft agreement about outsourcing of services;

5) terms of carrying out outsourcing of services.

5. Distribution of the unemployed to categories, proceeding from the expected duration of the period of unemployment, is carried out by the center of labor mobility.

7. The private employment agencies applying for participation in outsourcing of services are registered by means of opening of private office on EBT, the witnessed digital signature.

8. For carrying out outsourcing of services the center of labor mobility creates lots of number, the registered unemployed persons who agreed to assistance in employment through outsourcing of services in form according to appendix 1 to these rules.

Lot consists no more than of 30 (thirty) people in which the amount of jobless second and third categories makes at least 30 (thirty) percent.

9. The private employment agency submits applications for the chosen lots, but no more than for 3 (three) lots in one day. The choice of lots certifies private employment agency the digital signature.

10. Private employment agencies provide the documents confirming the corresponding experience material and the manpower sufficient for obligation fulfillment under the agreement on outsourcing of services in the sphere of employment of the population.

11. The center of labor mobility within 2 (two) working days from the date of application for the chosen lot by private employment agency considers compliance of private employment agency to qualification requirements.

By results of consideration on compliance of private employment agency to qualification requirements and completeness of the submitted documents the center of labor mobility allows it to participation in outsourcing.

Within 1 (one) working day after terms of consideration of compliance to qualification requirements and completeness of the submitted documents the private employment agency is notified by the center of labor mobility with indication of motivated reasons for refusal.

The center of labor mobility refuses to private employment agency participation in outsourcing of services in cases:

1) not compliance of private employment agency to qualification requirements;

2) if the private employment agency confirmed the choice of lot not by the first during term, stipulated in Item 6 these rules;

3) establishments of unauthenticity of the documents and data provided by private employment agency;

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