Dear readers,
The Order of the Deputy Prime Minister - Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan “On Approval of the Rules and conditions of issuance or extension of the permits to employers for attracting foreign labor, as well as the implementations of intra-company transfer” (hereinafter – “New Rules on issuing permits to employers”) No. 279 dated 30 June 2023 has been put into effect since 1 July 2023.
In connection with the adoption of New Rules on issuing permits to employers, the Order of the Healthcare and Social Development Minister of the Republic of Kazakhstan “On Approval of the Rules and conditions of issuance or extension of the permits to employers for attracting foreign labor, as well as the implementations of intra-company transfer” (hereinafter – “Previous Rules on issuing permits to employers”) No. 559 dated 27 June 2016 has become invalid.
The changes can be illustrated as follows:
Previous Rules on issuing permits to employers |
New Rules on issuing permits to employers |
Local content requirements did not apply to representative offices and branches of foreign legal entities with no more than 30 employees. |
The requirement for local content does not apply to representative offices and branches of foreign legal entities with no more than 10 employees. |
| Before applying for a work permit for foreign employees under the intra-corporate transfer, the employer had to conduct a preliminary search of employees on the local market. The employer's application for a work permit was accepted by the local executive body not earlier than 15 calendar days from the date of submission by the employer of information on the availability of vacant positions. | At the moment, the employer’s obligation to preliminary search for employees on the local market is excluded. Thus, employers may attract foreign labor under the intra-corporate transfer without preliminary search of employees on the local market. |
The term of consideration of the application (documents) for obtaining a work permit by local executive bodies was 3 working days from the moment of its registration. |
According to the amendments, the local executive body should consider an application (documents) for a work permit within 1 working day from the moment of its registration. |
Please also note that the Order of the Deputy Prime Minister - Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan “On Approval of the Rules for establishing a quota for attracting foreign labor to the Republic of Kazakhstan and its distribution between regions, cities of republican significance, the capital” (hereinafter – “New Quota Rules”) No. 274 dated 30 June 2023 has been put into effect since 14 July 2023.
Previously, a quota for attracting foreign labor for the upcoming year was issued for employment only on the territory of one administrative-territorial unit. At now, the New Quota Rules provide for the possibility of issuing a work permit for more than one region. For this purpose, the employers should submit applications to the relevant local executive bodies at the place of employment of foreign employees.