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

of April 15, 2022 No. 123

About approval of Rules of issue, prolongation and withdrawal of permission to the labor immigrant

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" and Item 3 of article 43-2 of the Law of the Republic of Kazakhstan "About population shift" I ORDER:

1. Approve Rules of issue, prolongation and withdrawal of permissions to the labor immigrant according to appendix 1 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 of the Republic of Kazakhstan:

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 first vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan Sarbasov A. A.

4. Recognize invalid some orders of the Minister of Internal Affairs of the Republic of Kazakhstan according to appendix 2 to this order.

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

It is approved Ministry of Internal Affairs of the Republic of Kazakhstan

Appendix 1

to the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of April 15, 2022 No. 123

Rules of issue, prolongation and withdrawal of permission to the labor immigrant

Chapter 1. General provisions

1. These rules of issue, prolongation and withdrawal of permission to the labor immigrant (further – Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services", Item 3 of article 43-2 of the Law of the Republic of Kazakhstan "About population shift" and determine procedure for issue, prolongation and withdrawal of permission to the labor immigrant.

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

1) labor immigrants are the immigrants who arrived to the Republic of Kazakhstan as house workers for the purpose of performance of works (rendering services) at employers – physical persons in household based on permission to the labor immigrant;

2) permission to the labor immigrant – permission to the labor immigrant – the document of the established form issued to the labor immigrant for performance of works (rendering services) at employers – physical persons in household;

3) the employer - the physical person - person attracting the labor immigrant to performance of works (rendering services) in household;

4) quota for attraction of foreign labor power – the maximum permissible quantity of foreign labor power permitted to attraction by the employer physical person for implementation of labor activity in the territory of the Republic of Kazakhstan.

3. In case of modification and (or) amendments in these rules, authorized body concerning population shift within 3 (three) working days after registration in the Ministry of Justice of the Republic of Kazakhstan The Government for Citizens state corporation (further – the State corporation) by means of electronic document management system sends information on the made changes and (or) additions to the service provider, to Single contact center and non-commercial joint-stock company ".

Chapter 2. Procedure for issue and prolongation of permission to the labor immigrant

4. The state service "Issue, Prolongation and Withdrawal of Permission to the Labour Immigrant" (further – the state service) appears local executive bodies of areas, cities of regional value (further – the service provider).

5. For receipt of the state service the labor immigrant (further – uslugopoluchatel) together with the employer physical person (further – the employer) submits the application for issue/prolongation of permission to the labor immigrant (further – permission) in form according to appendix 1 to these rules in case of the personal appeal to the State corporation or through the web portal of "the electronic government" (egov.kz) or migration.enbek.kz and documents according to the List of the main requirements to rendering the state service "Issue and Prolongation of Permission to the Labour Immigrant" according to appendix 2 to these rules (further – Requirements to rendering the state service).

In case of the appeal of uslugopoluchatel to the State corporation the employee of the State corporation draws up the electronic request in the integrated information system "Service Centers of the Population" (further – IIS "TsON"), with appendix of electronic copies of documents and sends to the automated information system "Foreign Labor Power" (further – AIS "IRS") for adoption of the relevant decision.

6. The service provider performs decision making about issue or prolongation of permission to the labor immigrant after matching with territorial authorities of internal affairs.

7. The decision on issue or prolongation or on refusal in issue or prolongation of permission is accepted by service providers within 2 (two) working days, apart from day of filing of application.

8. When giving the uslugopoluchatel of the statement through the web portal of "the electronic government" by www.egov.kz or www.migration.enbek.kz in "personal account" of uslugopoluchatel displays the status about adoption of the statement for rendering the state service, and also the notification with indication of date and time of receipt of result of the state service.

9. Uslugopoluchatel performs registration for migration.enbek.kz with indication of passport data and filling of data on availability of qualification, skills and length of service.

10. Search by employers of the labor immigrants who are abroad who have accounting record in migration.enbek.kz is performed only after 15 (fifteen) days from the date of publication of vacancies on enbek.kz.

11. Issue of permission through migration.enbek.kz is performed when signing uslugopluchately with the employer of the agreement of intent of execution of an employment agreement in the Republic of Kazakhstan (further – the agreement of intent) according to appendix 3 to these rules and after entry of uslugopoluchatel into the Republic of Kazakhstan.

12. Uslugopoluchatel gets permission through migration.enbek.kz within 10 (ten) calendar days from the date of agreement signature about intention in the period of which the quota for uslugopoluchatel remains.

13. For receipt of permission through migration.enbek.kz the uslugopoluchatel directs the application and documents provided by the list of Requirements to rendering the state service.

14. In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of applications and issue of results of rendering the state service is performed the next working afternoon.

15. The service provider in day of receipt of documents, by means of AIS "IRS" performs check on compliance:

1) the documents provided by Requirements to rendering the state service;

2) contents of the statement with the passport data and data received from the State corporation;

3) nationality of the foreigner to conditions the provided subitem 1) Item 1 of article 43-1 of the Law of the Republic of Kazakhstan "About population shift";

4) to conditions stipulated in Item the 5th article 43-2 of the Law of the Republic of Kazakhstan "About population shift";

5) payment of the amount of the individual income tax according to the subitem 1) item 4 of Article 412 or article 696 of the Tax Code of the Republic of Kazakhstan.

16. The documents which arrived from IIS "TsON" in AIS "IRS" automatically are sent for consideration in the information system "Migratory Police" (further – IS "MT"). Territorial authorities of internal affairs consider the arrived documents within 1 (one) working day.

17. In cases of submission of documents in incomplete amount and (or) provisions of the documents with the expired effective period provided by Requirements to rendering the state service, the employee of the State corporation directs to IIS "TsON" motivated refusal in documents acceptance on issue or prolongation of permission in form according to appendix 4 to the presents of Rules.

18. In case of positive result of consideration of the application issue or prolongation of permission to the labor immigrant is performed in form according to appendix 5 to these rules by the direction from AIS "IRS" in IIS "TsON" or the application of uslugopoluchatel is directed to personal account of uslugopoluchatel on the web portal of "the electronic government" or the migration.enbek.kz portal in dependence through what system.

19. Permission is issued for the term specified in the statement of uslugopoluchatel for issue or prolongation of permission and can constitute from 1 (one) to 12 (twelve) months. The maximum term taking into account prolongation of permission to the labor immigrant does not exceed 12 (twelve) months.

20. The service provider issues permissions within the quota distributed by authorized body concerning employment of the population.

21. In case of prolongation of permission the quantity of the operating, earlier issued permissions to the territories of the corresponding administrative and territorial unit is included into accounting of one quota.

22. The permission issued by the service provider is not subject to transfer to the third parties, acts only on the territory of the corresponding administrative and territorial unit.

23. Permission is issued to uslugopoluchatel in case of compliance of the address of the real estate of the employer who is on the property right on which the uslugopoluchatel intends to perform labor activity.

24. The application is submitted for prolongation of permission not earlier than 30 (thirty) calendar days and no later than 5 (five) calendar days before the expiration of the operating permission.

25. Permission is not prolonged in case of filing of application after five (five) calendar days before the expiration of the operating permission.

26. Uslugopoluchatel who got permission with the term of 12 (twelve) months or permission of which taking into account prolongation reached 12 (twelve) months submits the application for new permission within 4 (four) calendar days before the expiration of the operating permission.

Documents are submitted for receipt of permission in accordance with the established procedure specified in Item 5 of these rules.

27. In case of spoil or loss by uslugopoluchatel of permission by the issued State corporation, the copy of permission by the State corporation is issued in day of its address.

28. In case of completion of works (rendering services) in household before the termination of term of permission, the employer within 2 (two) working days from the date of termination of the employment contract, sends to the State corporation, through the web portal of "the electronic government" or the migration.enbek.kz portal the notification on termination of the employment contract with the labor immigrant in form according to appendix 6 to these rules.

29. The employer attracting the labor immigrant who got permission enters information on the conclusion and the termination with the worker of the employment contract in single system of accounting of employment contracts according to the procedure provided by the subitem 27) of Item 2 of Article 23 of the Labor code of the Republic of Kazakhstan or to sign the employment contract on the hr.enbek.kz web portal.

30. The service provider perform registration of employment contracts between the employer and the labor immigrant in system AIS "IRS".

31. The refusal in rendering the state service is performed in form according to appendix 7 to these rules on the bases provided by Requirements to rendering the state service.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of service providers and (or) their officials concerning rendering the state services

32. Consideration of the claim concerning rendering the state services in administrative (pre-judicial) procedure is made by higher administrative authority (official) considering the claim.

The administrative authority (official), whose decision, action (failure to act) are appealed, no later than three working days from the date of receipt of the claim send it and administrative case to the body considering the claim.

At the same time, administrative authority (official) whose decision, action (failure to act) are appealed, has the right not to send the claim to the body considering the claim if it within three working days makes the decision or other administrative action, completely meeting requirements, specified in the claim.

32-1. Uslugopoluchatel appeals the decision, action (failure to act) of the service provider, official according to Item 1 of article 91 APPK RK. The claim to the decision, action (failure to act) of the service provider concerning rendering the state service moves addressed to the head of the service provider or in authorized body by assessment and control of quality of rendering the state services, according to the legislation of the Republic of Kazakhstan.

33. The claim of uslugopoluchatel which arrived to the service provider according to Item 2 of article 25 of the Law of the Republic of Kazakhstan "About the state services" is subject to consideration within 5 (five) working days from the date of its registration.

34. The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within 15 (fifteen) working days from the date of its registration.

35. The claim to action (failure to act) of employees of the State corporation when rendering services through the State corporation is submitted addressed to the head of the State corporation whose administrative action (failure to act) is appealed.

Chapter 4. Procedure for withdrawal of permission to the labor immigrant

36. The service provider makes withdrawal of the acting permission on the basis of the of acts of the authorized state bodies exercising control on observance of the labor and migratory law of the Republic of Kazakhstan in case of implementation of labor activity, untied with performance of works (rendering services) at employers in household as house workers.

37. The response is made by the service provider through AIS "IRS" with the direction in personal account of uslugopoluchatel of the web portal of "the electronic government" or the migration.enbek.kz portal of the notification on withdrawal of permission in form according to appendix 8 to these rules.

38. Information on withdrawal of permission goes to IIS "TsON" in case of withdrawal of permission which is issued through IIS "TsON".

39. The service provider within 2 (two) working days from the date of withdrawal of permission sends through AIS "IRS" to IS "MT", IIS "TsON" information in territorial authorities of internal affairs on response in form according to appendix 9 to these rules.

40. Territorial authorities of internal affairs in day of receipt of the notification enter in IS "MT" information with indication of the bases of response and reduce the term of temporary stay of the labor immigrant in the Republic of Kazakhstan to 15 (fifteen) calendar days.

Appendix 1

to Rules of issue, prolongation and withdrawal of permission to the labor immigrant

Form

The statement on issue/prolongation of permission to the labor immigrant

I ask to issue/extend (unnecessary to cross out) permission to the labor immigrant
for a period of _____ month (and / ев) for performance of works (rendering services) at the employer -
physical person (further – the employer) as the house worker in house
economy to the following address
_______________________________________________________________________________.
               (area/city of republican value, street, house, apartment)

About myself I report the following data:

1. Constantly I live _______________________________________________
_________________________________________________________________________
(nationality, complete address of the place of permanent residence, the country is specified,
area, city, area, settlement, street, house number, phone, including mobile).

2. Family composition ________________________________________________
       (marital status, adjusting data of the spouse(s) is specified
(surname, name and middle name (in the presence), year of birth, quantity
children, home telephone number).

3. The address of temporary residence in the Republic of Kazakhstan: _______________
_______________________________________________________________________
    (city, area, street, house, apartment, phone, including mobile)
"On responsibility for violation of the migratory and tax legislation of the Republic of Kazakhstan it is informed.

I agree to collection and processing of my personal data necessary for rendering the state service "Issue and Prolongation of Permission to Labour Immigrants".

____________________ Full name (in case of its availability)

______________ signature

"__" _________ 20 __ year

I __________________________________________________________________
                                     Full name (in case of its availability) the employer,
_____________________________________________________________________
                                    year of birth, IIN
I intend to attract as the labor immigrant in household
______________________________________________________________________
                    (Full name (in case of its availability) the foreigner, nationality)
after receipt of the corresponding permission by it.

2. Address of permanent residence __________________________________
_____________________________________________________________________
(city, area, street, house, apartment, phone number, including mobile).

3. Place of temporary residence and work of the labor immigrant, and also profession,
on which acceptance by the employer is planned
___________________________________________________________________________
___________________________________________________________________________

I promise to notify authorized bodies on stay of the labor immigrant through the information system "e-Qonag" by means of the www.eqonaq.kz website and the visa migratory portal (www.vmp.gov.kz).
"On responsibility for violation of the migratory legislation of the Republic of Kazakhstan it is informed.

I agree to collection and processing of my personal data necessary for rendering the state service "Issue and Prolongation of Permission to Labour Immigrants".

_____________________________	______________	"__" _______ 20 __.
First name, middle initial, last name (in the presence) employer	signature

 

Appendix 2

to Rules of issue, prolongation and withdrawal of permission to the labor immigrant

List of the main requirements to rendering the state service "Issue and Prolongation of Permission to the Labour Immigrant"

1	Name of the service provider	Local executive bodies of areas, cities of regional value (further – the service provider)
2	Methods of provision of the state service	Documents acceptance and issue of result of rendering the state service is performed through non-commercial joint-stock company "The Government for Citizens state corporation (further – the State corporation) or through the web portal of "the electronic government" www.egov.kz or www.migration.enbek.kz.
3	Term of rendering the state service	From the date of giving of packet of necessary documents in the State corporation – 2 (two) working days apart from day of receipt of the statement; the most allowed time of servicing in the State corporation – 20 (twenty) minutes; in case of the address through the portal – 30 (thirty) minutes. From the date of giving of packet of necessary documents through the portal 2 (two) working days apart from day of receipt of the statement.
4	Form of rendering the state service	Electronic (completely automated) / paper
5	Result of rendering the state service	Result of rendering the state service – issue and prolongation of permission to the labor immigrant or the motivated answer about refusal in rendering the state service, in cases and on the bases, the provided these rules. On the www.egov.kz or www.migration.enbek.kz portal the result of rendering the state service or the motivated answer about refusal in rendering the state service goes to "personal account" in electronic form, the authorized person of the service provider signed by the EDS. Form of provision of result of the state service: electronic or paper.
6	The amount of the payment levied from uslugopoluchatel when rendering the state service and methods of its collection in cases, stipulated by the legislation the Republic of Kazakhstan	The state service is rendered to the labor immigrant free of charge.
7	Working schedule of the service provider, State corporation and subjects of information	The state corporation – Monday through Friday inclusive, according to the established working schedule from 9-00 till 18-30 o'clock without interruption for lunch, except days off and holidays according to the labor law of the Republic of Kazakhstan (in case of the address of the employer physical person (further - the employer) after the termination of working hours, in days off and holidays, according to the labor law, reception of applications and issue of result of rendering the state service is performed the next working afternoon). Acceptance is performed according to the procedure of "electronic" queue, without the accelerated servicing, possibly booking of electronic queue by means of the portal. Through the portal – round the clock except for technical breaks in connection with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon); the service provider - Monday through Friday from 9:00 to 18:30 o'clock, with lunch break from 13:00 to 14:30 o'clock, except days off and holidays, according to the labor law of the Republic of Kazakhstan and article 5 of the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan". Addresses of places of rendering the state service are placed on: 1) Internet resource of the State corporation – www.gov4c.kz; 2) the portal – www.egov.kz; 3) www.migration.enbek.kz.
8	The list of the documents and data requested at uslugopoluchatel for rendering the state service	For registration of permission the following documents are provided to the labor immigrant: 1. In case of receipt of permission: in case of the appeal to the State corporation in the place of temporary residence in the territory of the Republic of Kazakhstan: 1) the statement in form according to appendix 1 to these rules of issue of permission to the labor immigrant, signed by the foreigner and the employer (the copy of the application is issued); 2) receipts on payment of preliminary payment on the individual income tax according to the tax legislation of the Republic of Kazakhstan (after scanning returns to uslugopoluchatel with mark about acceptance of the receipt with indication of date of acceptance and the address of state corporation); 3) the passport with mark (Amy) about crossing of Frontier of the Republic of Kazakhstan for the last 12 months (after scanning returns to uslugopoluchatel); 4) the medical certificate about the state of health of the foreigner, stateless person, migrant, migrant worker (including from state member of EEU) (the medical certificate of form 028/at which date of issue does not exceed 12 months) (after scanning returns to uslugopoluchatel); 5) the imputed health insurance, the covering primary health care and specialized medical care in stationary conditions in the emergency form on the conditions established by the laws of the Republic of Kazakhstan with effective period, at the least the term specified in the statement and registered in the automated information system "Single Insurance Database" (after scanning returns to uslugopoluchatel); 6) the agreement of intent of execution of an employment agreement with the employer in the Republic of Kazakhstan, constituted between the employer and uslugopoluchatel (after scanning returns to uslugopoluchatel); in case of the address through the www.egov.kz or www.migration.enbek.kz portal on issue of permission: 1) the statement for issue of permission to the labor immigrant certified by the EDS of the labor immigrant and the employer; 2) electronic copies of the receipt on payment of preliminary payment on the individual income tax according to the tax legislation of the Republic of Kazakhstan; 3) the electronic passport copy with mark (Amy) about crossing of Frontier of the Republic of Kazakhstan for the last 12 months; 4) the electronic copy of the medical certificate about the state of health of the foreigner, stateless person, migrant, migrant worker (including from state member of EEU) (the medical certificate of form 028/at which date of issue does not exceed 12 months); 5) the electronic copy of the imputed health insurance covering primary health care and specialized medical care in stationary conditions in the emergency form on the conditions established by the laws of the Republic of Kazakhstan with effective period, at the least the term specified in the statement and registered in the automated information system "Single Insurance Database"; 6) the electronic copy of the agreement of intent of execution of an employment agreement with the employer in the Republic of Kazakhstan, constituted between the employer - physical person and uslugopoluchatel. 2. For prolongation of permission: in case of the appeal to the State corporation in the place of temporary residence in the territory of the Republic of Kazakhstan: 1) the statement in form according to appendix 1 to these rules of prolongation of permission to the labor immigrant, signed by the employer and the foreigner; 2) receipts on payment of preliminary payment on the individual income tax according to the tax legislation of the Republic of Kazakhstan (after scanning returns to uslugopoluchatel); 3) the passport with mark (Amy) about crossing of Frontier of the Republic of Kazakhstan for the last 12 months (after scanning returns to uslugopoluchatel); 4) the imputed health insurance, the covering primary health care and specialized medical care in stationary conditions in the emergency form on the conditions established by the laws of the Republic of Kazakhstan with effective period, at the least the term specified in the statement and registered in the automated information system "Single Insurance Database" (after scanning returns to uslugopoluchatel); 5) the employment contract with the employer in the Republic of Kazakhstan constituted between the employer and uslugopoluchatel (after scanning returns to uslugopoluchatel); In case of the address through the www.egov.kz or www.migration.enbek.kz portal for prolongation of permission: 1) the statement for prolongation of permission to the labor immigrant certified by the EDS of the labor immigrant and the employer; 2) electronic copies of the receipt on payment of preliminary payment on the individual income tax according to the tax legislation of the Republic of Kazakhstan; 3) the notarized passport copy with mark (Amy) about crossing of Frontier of the Republic of Kazakhstan for the last 12 months; 4) the electronic copy of the imputed health insurance covering primary health care and specialized medical care in stationary conditions in the emergency form on the conditions established by the laws of the Republic of Kazakhstan with effective period, at the least the term specified in the statement and registered in the automated information system "Single Insurance Database"; 5) the electronic copy of the employment contract with the employer in the Republic of Kazakhstan, constituted between the employer and uslugopoluchatel according to the Labor Code of the Republic of Kazakhstan.
9	The bases for refusal in rendering the state service established by the laws of the Republic of Kazakhstan	In case of issue and prolongation of permission to the labor immigrant: 1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them; 2) discrepancy of uslugopoluchatel and (or) the provided materials, objects, supplied and the information necessary for rendering the state service, to requirements, the statutory rules of issue, prolongation and withdrawal of permission to the labor immigrant approved by the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of April 15, 2022 No. 123 (it is registered in the Register of state registration of regulatory legal acts at No. 27595); 3) the negative reply of authorized state body to request about approval which is required for rendering the state service, and also negative experimental testimony, researches or checks; 4) discrepancy of nationality of the foreigner to conditions provided by the subitem 1) of Item 1 of article 43-1 of the Law of the Republic of Kazakhstan "About population shift"; 5) not compliance to conditions stipulated in Item the 5th article 43-2 of the Law of the Republic of Kazakhstan "About population shift"; 6) the payment on the individual income tax is paid to bodies of state revenues, stay inappropriate to the territory; 7) not compliance of the amount of preliminary payment on the individual income tax stipulated in Item 2 Articles 360 or Item 5 of article 658 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget"; 8) concerning uslugopoluchatel there is decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of certain state service which took legal effect; 9) lack of consent of the uslugopoluchatel provided according to article 8 of the Law of the Republic of Kazakhstan "About personal data and their protection" on access to personal data of limited access which are required for rendering the state service.
10	Other requirements taking into account features of rendering the state service including rendered electronically and through the State corporation	1) the uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of single contact center concerning rendering the state services or through "personal account" on the portal; 2) conditions for servicing of uslugopoluchatel physically challenged are provided, entrances to buildings are equipped with ramps, there are chairs for expectation; 3) contact telephone numbers of service desks concerning rendering the state service 1414, 8-800-080-7777. 4) the uslugopoluchatel has possibility of receipt of the state service electronically through the www.egov.kz or www.migration.enbek.kz portal on condition of availability of the digital signature.

Appendix 3

to Rules of issue, prolongation and withdrawal of permission to the labor immigrant

Form

The agreement of intent of execution of an employment agreement with the employer physical person in the Republic of Kazakhstan

"____" ____________ 20 __ years

Employer (physical person) ____________________________________
                                                                      (Surname, name, patronymic)
(the document proving the identity No. ______ "__" _______ 20 __ years is issued ___________),
hereinafter referred to as "the Party 1", on the one hand and the worker
_______________________________________________, (passport of series
                                 (Surname, name, patronymic)
___________ from "_____" _____________ 20 ____ years, it is issued ___________________) referred to as
further "the Party 2", on the other hand, agreed to sign intention about
execution of an employment agreement in case of entry into the Republic of Kazakhstan of the Party 2,
providing the following requirements:

1. The party 1 and the Party 2 agreed about amount of the performed works, about completion dates of works and other conditions performed in household.

2. 2 it is sided in household the Party 1 in quality
_____________________________________________;
              (name of profession)

3. The party 1 in full performs salary payment in the amount ___________ tenge, provided by this agreement and the employment contract;

4. Observance by the Parties of the labor and migratory law of RK, and also safety regulations of work, etc.;

5. Observance by the Party of 2 requirements for entrance and stay of immigrants, stipulated by the legislation Republic of Kazakhstan;

6. The notification the Party 1 within 3 (three) working days law-enforcement bodies about arrival of labor immigrants;

7. The notification the Party 1 within 2 (two) working days the body which issued permission to the labor immigrant about the termination of employment relationships with the Party 2;

8. The party 1 assists the Party 2 in receipt by the worker of IIN, the EDS according to the legislation of the Republic of Kazakhstan;

9. The conclusion the Parties of the employment contract after obtaining by the Party 2
permissions;

10. Registration of 1 employment contract by the Party in single system of accounting of employment contracts according to the procedure, provided by the subitem 27) of Item 2 of Article 23 of the Labor code of the Republic of Kazakhstan or to sign the employment contract on the hr.enbek.kz web portal.

Note: This agreement is not the basis for entry of the foreigner into the Republic of Kazakhstan.

Details of the parties and other data:

Party 1	Party 2
______________________________________ (Surname, name, patronymic)	____________________________________ (Surname, name, patronymic)
IIN _________________________________	IIN (in the presence) _________________
Registration address ____________________	Registration address __________________
Phone: ____________________________ Signature _________________	Phone: ___________________________ Signature _________________

 

Appendix 4

to Rules of issue, prolongation and withdrawal of permission to the labor immigrant

Form

The receipt on refusal in documents acceptance

Being guided by Item 2 of article 20 of the Law of the Republic of Kazakhstan "About the state services", to you refuses in documents acceptance on rendering the state service "Issue and Prolongation of Permission to the Labour Immigrant" in view of provision of incomplete document package by you and (or) provisions of documents with the expired effective period, the main requirements to rendering the state service provided by the List, namely:

1) ________________________________________;

2) ________________________________________;

3) ________________________________________.

This receipt is constituted in 2 copies, on one for each party.
______________________________________________________________
F.I.O (in case of its availability) the employee non-commercial joint-stock society

"Government for citizens state corporation.

____________________________________________________ (signature)

Received: ____________________________________________________

F.I.O (in case of its availability), the signature of uslugopoluchatel

"___" ________ 20 __ year

Appendix 5

to Rules of issue, prolongation and withdrawal of permission to the labor immigrant

See Appendix 5 (0.15Mb In original language)

Appendix 6

to Rules of issue, prolongation and withdrawal of permission to the labor immigrant

Form

The notification on termination of the employment contract with the labor immigrant

I _______________________________________________________________
                                     Full name (in case of its availability), IIN
I report, about termination with "____" __________ 20 __ years of the employment contract
with the labor immigrant ______________________________________________
                                            Full name (in case of its availability), IIN
No. working at the basis of permission _______________ issued from
"___" ____________ 20 __.

_____________________________________________ _______________________
(Full name (in case of its availability) the employer physical person) (signature)

"___" __________ 20 __.

Appendix 7

to Rules of issue, prolongation and withdrawal of permission to the labor immigrant

Form

Refusal in rendering the state service "Issue, prolongation and withdrawal of permission to the labor immigrant

F.I.O: <surname, name, middle name (in case of its availability) in Latin>

passport No.: <series and passport number>

nationality: <nationality>

It is refused permission to implementation of labor activity at physical persons in household
(according to Item 2 of Article 19-1 of the Law of the Republic of Kazakhstan "About the State Services")

<BASIS> _________________________________________________
<the detailed description of refusal in the state service> ________________
________________________________________________________________

Name of authorized body: _____________________________

Date: <date of issue>  

 

Appendix 8

to Rules of issue, prolongation and withdrawal of permission to the labor immigrant

Form

The notification on withdrawal of the permission issued to the labor immigrant

According to Items 36 and 37 of Rules of issue, prolongation and withdrawal of permission
to the labor immigrant, approved by the order of the Minister of Labour and Social Protection
the populations of the Republic of Kazakhstan of April 15, 2022 No. 123 (it is registered in the Register
to state registration of regulatory legal acts at No. 27595), we report that
permission No. _______ issued from _________ 20 ___ years is withdrawn
_______________________________________________________________________________
_______________________________________________________________________________
(name of local executive body of areas, cities of regional value)
Based on withdrawal of permission in connection with implementation by you labor
activities, untied with performance of works (rendering services) at the employer -
physical person in household to you the term of temporary stay is reduced in
To the Republic of Kazakhstan to "___" __________ 20 __ years.
In this regard, for ensuring compliance with the migratory legislation to you
it is necessary to leave no later than the above-stated date.

________________________________________ (name of position of the head of local executive body)

_____________________ (Full name (in case of its availability)

 

Appendix 9

to Rules of issue, prolongation and withdrawal of permission to the labor immigrant

Form

Information on the withdrawn permission issued to the labor immigrant

According to Item 39 of Rules of issue, prolongation and withdrawal of permission
to the labor immigrant, approved by the order of the Minister of Labour and Social Protection
the populations of the Republic of Kazakhstan of April 15, 2022 No. 123 (further – Rules)
(it is registered in the Register of state registration of regulatory legal acts under
No. 27595), we report that based on withdrawal of permission according to Item 36 of Rules (in
bonds by implementation of labor activity, untied with performance of works (rendering
services) at the employer(s) - physical person in household)
_____________________________________________________________________
_____________________________________________________________________
(name of local executive body of areas, cities of regional value)
permission(s) issued to the labor immigrant(s) is withdrawn:
_____________________________________________________________________.
(data labor immigrant(s): surname, name, middle name (in case of its availability), passport
data (number, date of issue), number of permission, date of issue of permission, date of termination
actions of permission) IIN.

_____________________________ (name of position of the head local executive body)

_________ (signature)

_____________________ (Full name (in case of its availability)

Appendix 2

to the Order Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan of April 15, 2022 No. 123

List of invalid some orders of the Minister of Internal Affairs of the Republic of Kazakhstan

1. The order of the Minister of Internal Affairs of the Republic of Kazakhstan of February 8, 2014 No. 76 "About approval of Rules of issue, prolongation and withdrawal of permission to the labor immigrant, and also registration, forming and maintaining dakto-, photoaccounting of labor immigrants" (it is registered in the Register of state registration of regulatory legal acts for No. 9200).

2. The order of the Minister of Internal Affairs of the Republic of Kazakhstan of June 18, 2015 No. 545 "About introduction of amendments to the order of the Minister of Internal Affairs of the Republic of Kazakhstan of February 8, 2014 No. 76 "About approval of Rules of issue, prolongation and withdrawal of permission to the labor immigrant, and also registration, forming and maintaining dakto-, photoaccounting of labor immigrants" (it is registered in the Register of state registration of regulatory legal acts for No. 11709).

3. The order of the Minister of Internal Affairs of the Republic of Kazakhstan of May 3, 2016 No. 473 "About introduction of amendments to the order of the Minister of Internal Affairs of the Republic of Kazakhstan of February 8, 2014 No. 76 "About approval of Rules of issue, prolongation and withdrawal of permission to the labor immigrant, and also registration, forming and maintaining dakto-, photoaccounting of labor immigrants" (it is registered in the Register of state registration of regulatory legal acts for No. 13782).

4. The order of the Minister of Internal Affairs of the Republic of Kazakhstan of December 8, 2018 No. 894 "About modification and amendments in the order of the Minister of Internal Affairs of the Republic of Kazakhstan of February 8, 2014 No. 76 "About approval of Rules of issue, prolongation and withdrawal of permission to the labor immigrant, and also registration, forming and maintaining dakto-, photoaccounting of labor immigrants" (it is registered in the Register of state registration of regulatory legal acts for No. 17926).

5. The order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 31, 2020 No. 273 "About introduction of amendments to the order of the Minister of Internal Affairs of the Republic of Kazakhstan of February 8, 2014 No. 76 "About approval of Rules of issue, prolongation and withdrawal of permission to the labor immigrant, and also registration, forming and maintaining dakto-, photoaccounting of labor immigrants" (it is registered in the Register of state registration of regulatory legal acts for No. 20218).

6. The order of the Minister of Internal Affairs of the Republic of Kazakhstan of September 18, 2020 No. 636 "About introduction of amendments to the order of the Minister of Internal Affairs of the Republic of Kazakhstan of February 8, 2014 No. 76 "About approval of Rules of issue, prolongation and withdrawal of permission to the labor immigrant, and also forming and maintaining dakto-, photoaccounting of labor immigrants" (it is registered in the Register of state registration of regulatory legal acts for No. 21255).

7. The order of the Minister of Internal Affairs of the Republic of Kazakhstan of January 15, 2021 No. 16 "About introduction of amendments to the order of the Minister of Internal Affairs of the Republic of Kazakhstan of February 8, 2014 No. 76 "About approval of Rules of issue, prolongation and withdrawal of permission to the labor immigrant, and also forming and maintaining dakto-, photoaccounting of labor immigrants" (it is registered in the Register of state registration of regulatory legal acts for No. 22082).

8. The subitem 2) Item 1 of the order of the Minister of Internal Affairs of the Republic of Kazakhstan of September 24, 2021 No. 576 "About suspension action of some structural elements of orders of the Minister of Internal Affairs of the Republic of Kazakhstan of November 29, 2010 No. 496 "About approval of Rules of registration and consideration of the petition for assignment of the status of the refugee" and of February 8, 2014 No. 76 "About approval of Rules of issue, prolongation and withdrawal of permissions to labor immigrants, and also forming and maintaining dakto-, photoaccounting of labor immigrants" (it is registered in the Register of state registration of regulatory legal acts for No. 24514).

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