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 internal transfer

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 the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics", I ORDER:

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 internal transfer 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 internal transfer

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 internal transfer (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 internal transfer.

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

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

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

3) internal transfer – temporary transfer for the term defined by the employment contract, but no more than three years, with the prolongation right for one year of the foreigner or stateless persons 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;

4) 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;

5) 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 field of social protection and employment of the population;

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 internal transfer;

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

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.

11) the information system migration.enbek.kz – subsystem of digital ecosystem Electronic employment exchange (enbek.kz) providing accounting and movement of migrants, and also monitoring of provision of services in the field of migration.

2-1. Search of the corresponding candidates in the domestic market of work is performed by the employer by the direction of data on availability of vacancies on electronic employment exchange (www.enbek.kz) according to the subitem 1) of Item 2 of article 103 of the Social code of the Republic of Kazakhstan.

The employer after 15 (fifteen) calendar days from the date of submission of data on electronic employment exchange on availability of vacancies directs the application for issue of permission to attraction of foreign labor power with indication of code of publication of the placed vacancy.

2-2. In case of the direction of the statement the information system "Foreign Labor Power" performs interaction with the information systems "Single System of Accounting of Employment Contracts" (further – ESUTD) and "Migratory police" for data acquisition about the registered employment contracts with the involved foreign workers.

2-3. In case of modification and (or) amendments in these rules, authorized body concerning population shift within 3 (three) working days after state registration in judicial authorities sends information on the made changes and (or) additions to Single contact center.

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

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.kz (further – PEP) or the migration.enbek.kz portal 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.

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