ORDER OF THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2015 No. 167

About approval of Rules of entering by the employer into banks of the country of employment of the guarantee fee and its size

According to item 4 of article 10 of the Law of the Republic of Kazakhstan of January 23, 2001 "About employment of the population" PRIKAZYVAYU:

1. Approve the enclosed Rules of entering by the employer into banks of the country of employment of the guarantee fee and its size.

2. To provide to committee of work, social protection and migration of the Ministry of health and social development 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) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of health and social development of the Republic of Kazakhstan.

3. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of health and social development of the Republic of Kazakhstan of March 27, 2015 No. 167

Rules of entering by the employer into banks of the country of employment of the guarantee fee and its size

1. General provisions

1. Rules of entering by the employer into banks of the country of employment of the guarantee fee and its size (further - Rules) are developed according to item 4 of article 10 of the Law of the Republic of Kazakhstan "About employment of the population".

2. The basic concepts used in these rules:

1) the guarantee fee (further - fee) - the money contribution providing guarantee of return of the foreign worker after the term of the employment contract to the country of its permanent residence;

2) authorized body concerning employment (further - authorized body) - the structural division of local executive bodies providing assistance of employment of the population and social protection from unemployment at the regional level;

3) permission to attraction of foreign labor power - the document issued by local executive body of areas, cities of Astana and Almaty, determining quantity of foreign labor power for attraction on the territory of the corresponding administrative and territorial unit within the quota distributed by the central executive body by forms according to appendix 2 and 3 to Rules and conditions of issue of permissions to the foreign worker to employment and the employers on attraction of foreign labor power approved by the order of the Government of the Republic of Kazakhstan of January 13, 2012 No. 45.

2. Procedure for introduction of the guarantee fee and its size

3. For receipt of permission to attraction of foreign labor power to the Republic of Kazakhstan employers contribute for each foreign worker to banks of the Republic of Kazakhstan.

4. Are contributed to the bank account of the employer to one of banks in the territory of the Republic of Kazakhstan.

5. In the contract between bank and the employer are specified:

1) surname, name, document number, the foreign worker proving the identity with indication of the state in the territory of which he lives constantly;

2) the fee amount on each worker;

3) procedure for return of fees by bank to the employer.

6. The fee on one foreign worker is established in the amount of at least the airfare on the class "Economic" to the nearest airport of the state in the territory of which he lives constantly.

7. The fee on one foreign worker from countries of the Commonwealth of Independent States is established in the amount of at least the cost of the ticket on railway (the car stopped) or road transport to the nearest station of the state in the territory of which he lives constantly.

8. The authorized body issues written consent to the employer on return of the guarantee fee brought by it in the presence of confirmation by law-enforcement bodies of the Republic of Kazakhstan of departure of the foreign worker out of limits of the Republic of Kazakhstan.

9. The authorized body within three working days from the date of the appeal of employer sends inquiry by any operational method of information transfer, including telex, the fax and the electronic message to law-enforcement bodies of the Republic of Kazakhstan on data acquisition for departure of the foreign worker out of limits of the Republic of Kazakhstan.

In case of sending an inquiry are specified: surname, name, middle name (in the presence) foreign citizen, birth date, nationality, passport number, individual identification number of the foreign citizen (in the presence), number of permission to attraction of foreign labor power.

10. Law-enforcement bodies of the Republic of Kazakhstan by means of obtaining through unified information system "Golden eagle" information on required person within five working days send results of consideration of request to authorized body, any operational method of information transfer, including telex, the fax and the electronic message.

11. When exporting labor power from the Republic of Kazakhstan abroad the procedure and conditions of entering by the foreign employer into banks of the guarantee fee are regulated by the legislation of the country of employment.

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