ORDER OF THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of April 17, 2020 No. 138

About introduction of amendments to the order of the acting minister of health care and social development of the Republic of Kazakhstan of June 27, 2016 No. 559 "About approval of Rules and conditions of issue and (or) prolongation of permissions to employers to attraction of foreign labor power, and also implementation of internal transfer"

According to the subitem 20) of article 7 of the Law of the Republic of Kazakhstan of April 6, 2016 "About employment of the population", with the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Bring in the order of the acting minister of health care and social development of the Republic of Kazakhstan of June 27, 2016 No. 559 "About approval of Rules and conditions of issue and (or) prolongation of permissions to employers to attraction of foreign labor power, and also implementation of internal transfer (it is registered in the Register of state registration of regulatory legal acts for No. 14170, No. 191 (28317) the following changes is published in the Kazakhstanskaya Pravda newspaper of October 6, 2016:

state preamble in the following edition:

"According to the subitem 20) of article 7 of the Law of the Republic of Kazakhstan of April 6, 2016 "About employment of the population", with the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:";

Rules and conditions of issue and (or) prolongation of permissions to employers to attraction of foreign labor power, and also the implementation of internal transfer approved by the specified order to be reworded as follows according to appendix to this order.

2. To provide to committee of work, social protection and 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 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.

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

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

Appendix

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of April 17, 2020 No. 138

Approved by the Order of the acting minister of health care and social development of the Republic of Kazakhstan of June 27, 2016 No. 559

Rules and conditions of issue and (or) prolongation of permissions to employers to attraction of foreign labor power, and also implementation of internal transfer

Chapter 1. General provisions

1. These rules and conditions of issue and (or) prolongation of permissions to employers to attraction of foreign labor power, and also implementation of internal transfer (further - Rules) are developed according to the subitem 20) of article 7 of the Law of the Republic of Kazakhstan of April 6, 2016 "About employment of the population" (further - the Law), with the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" and determine procedure and conditions of issue and (or) prolongation of permissions to employers to attraction of foreign labor power, and also implementation of internal transfer.

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

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

2) the executive body financed from the local budget - the public institution authorized by akimat of areas, Nour-Sultan's cities, Almaty and Shymkent on accomplishment of functions on ensuring assistance of employment of the population (further - local executive body);

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

4) internal transfer - temporary for the term defined by the employment contract, but no more than three years, with the prolongation right for one year transfer 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;

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