I.O'S ORDER. MINISTER OF HEALTH 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. Approve the enclosed 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).

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 the direction it the copy on official publication in periodic printing editions and in information system of law of Ad_let;

3) within five working days from the date of receipt of the registered this order the direction in one copy of its copy in printing and electronic type in the state and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

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

5) 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 health and social development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), 3) and 4) of this Item.

3. To impose control of execution of this order on the vice-Minister of health and social development of the Republic of Kazakhstan Nurymbetov B. B.

4. This order becomes effective since January 1, 2017, at the same time Item 40 of Rules is effective till January 1, 2021.

Approved by the Order of the Minister of health 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;

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 according to subitem 21-1) of article 7 of the Law of the Republic of Kazakhstan of April 6, 2016 "About employment of the population";

6) authorized body concerning employment of the population - the central executive body performing management and cross-industry coordination in the field of employment of the population according to the legislation of the Republic of Kazakhstan;

7) jobcenter of the population - the legal entity created by local executive body of the area, the cities of regional and republican value, the capital for the purpose of realization of active measures of assistance of employment, the organization of social protection from unemployment and other measures of assistance of employment;

8) the foreign worker - the immigrant attracted by the employer to implementation of labor activity in the territory of the Republic of Kazakhstan;

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

10) 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;

11) permission to attraction of foreign labor power (further - permission) - the document of the established form according to appendix 1 to these rules 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 and (or) prolongation of permissions to employers to attraction of foreign labor power, and also implementation of internal transfer

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