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

of June 30, 2023 No. 279

About approval of Rules and conditions of issue or prolongation of permissions to employers to attraction of foreign labor power, and also implementation of the internal translation

According to subitem 14-4) of article 11 of the Law of the Republic of Kazakhstan "About population shift", with the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" and the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics", PRIKAZYVAYU:

1. Approve the enclosed Rules and conditions of issue or prolongation of permissions to employers to attraction of foreign labor power, and also implementation of the internal translation according to appendix 1 to this order.

2. Recognize invalid some orders of the Ministry of health and social development of the Republic of Kazakhstan and the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan according to appendix 2 to this order.

3. To provide to committee on migration 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;

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.

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

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

Appendix

to the Order of the Deputy prime minister - the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 30, 2023 No. 279

Rules and conditions of issue or prolongation of permissions to employers to attraction of foreign labor power, and also implementation of the internal translation

Chapter 1. General provisions

1. These rules and conditions of issue or prolongation (renewal) of permissions to employers to attraction of foreign labor power, and also implementation of the internal translation (further – Rules) are developed according to subitem 14-4) of article 11 of the Law of the Republic of Kazakhstan "About population shift", with the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" and determine procedure and conditions of issue or prolongation of permissions to employers to attraction of foreign labor power, and also implementation of the internal translation.

2. In these rules the following basic concepts are used:

1) vacancy – free workplace (position) at the employer;

2) local executive body concerning social protection and employment of the population (further – local executive body) – the local executive body of area, the cities of republican value, the capital determining the directions in the sphere of social protection and employment of the population;

3) employer – physical person or legal entity with which the worker consists in employment relationships;

4) temporary internal transfer for the term determined by the employment contract, but no more than three years, with the prolongation right for one year the translation of the foreigner or stateless person performing labor activity to positions of the head, manager or specialist in the legal entity founded in the territory of the member country of the World Trade Organization, who is and acting outside the territory of the Republic of Kazakhstan in branches, the affiliated organizations, representations of this legal entity founded in the territory of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan;

5) seasonal foreign workers are the immigrants attracted for work as employers for the term of no more than one year to accomplishment of seasonal works which owing to climatic or other environment are performed during the certain period (season), according to the list of professions approved by authorized body concerning population shift in coordination with the authorized state bodies performing management of the respective sphere of public administration;

6) authorized body concerning population shift – the central executive body performing within the competence management in the field of population shift, regulation of migratory processes, coordination of work and realization of state policy in the field of population shift;

7) the foreign worker – the immigrants who arrived for independent employment by the professions demanded in priority industries of economy (types of economic activity), and also attracted by employers to implementation of labor activity in the territory of the Republic of Kazakhstan, including arrived within the internal translation;

8) foreign labor power – the foreign workers involved by employers to implementation of labor activity including seasonal foreign workers and also within the internal translation;

9) quota for attraction of foreign labor power – the maximum permissible quantity of foreign labor power permitted to attraction by the employer for implementation of labor activity in the territory of the Republic of Kazakhstan;

10) permission to attraction of foreign labor power - the document of the established form issued by local executive body to the employer for attraction to the Republic of Kazakhstan of foreign labor power.

Chapter 2. Procedure and conditions of issue or prolongation (renewal) of permissions to employers to attraction of foreign labor power, and also implementation of the internal translation

Paragraph 1. Procedure and conditions of issue or prolongation of permissions to employers to attraction of foreign labor power

3. For receipt of the state service "Issue or Prolongation of Permission to Employers to Attraction of Foreign Labor Power" the employer or person authorized by it represents to local executive body in the place of implementation of labor activity of foreign labor power through the web portal of "the electronic government" www.egov.kz, www.elicense (further – PEP) the statement according to appendix 1 to these rules, with application of documents, the main requirements to rendering the state service "Issue or Prolongation of Permission to Employers to Attraction of Foreign Labor Power" specified in the list (further – the list of requirements to rendering the state service) according to appendix 2 to these rules.

4. The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering and also other data taking into account features of provision of the state service is provided in the List of requirements to rendering the state service according to appendix 3 to these rules.

5. For the purpose of determination of procedure and conditions of issue or prolongation of permission to attraction of foreign labor power (further – permission) according to appendix 3 to these rules, the following employee categories are established:

1) the first category – heads and their deputies;

2) the second category – the heads of structural divisions conforming to the qualification requirements established by professional standards, the job evaluation catalog of positions of heads, specialists and other employees, standard qualification characteristics of positions of heads, specialists and other employees of the organizations;

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