A Review of the Changes in the Process of Obtaining a Work Permit to Attract a Foreign Labor Force

General review
We would like to inform you about the changes in the Government Decree  # 836, 19 June 2001, concerning attracting a foreign labor force to the territory of the Republic of Kazakhstan.
The changes are related to the following questions for attracting a foreign labor force:

The main change to the commission decision procedure order is that the decision procedure of the issue on certification and the procedure for the list confirmation are combined. Previously, the authorized body initially made a decision on certification and then after confirmation determined specifically which exact foreign employees will work on this license, but now the authorized body is to decide whether the applicant is able to obtain a license for attracting certain foreign employees.

The decision on granting a license by the authorized body is made according to:

• Assessment of the qualifications and characteristics of the foreign employees;
• Documents of the company containing the fixed requirements.

The assessment of the qualification and characteristics of foreign employees is made by the authorized body according to documentation analysis, including personal documentation provided by the employer. The assessment of qualification characteristics is based on a points system for the foreign employees:

1. Education background – from 15 to 25 points;

2. Work experience - from 15 to 25 points. Incidentally, a list of specializations is made annually by the Labor Ministry. The item does not refer to foreign employees of the 1st category.

The commission may make a positive decision, if the results are more than:

3. For the 1st category – 35 points;
4. For the 2nd  category – 55 points;
5. For the 3rd category – 55 points.
6. According to the assessment results of qualification characteristics a reference for each foreign employee should be made in accordance with the Government Decree of the RK from December 19, 2007, № 1242.

2. While implementing certain conditions

Some amendments were made to the conditions of the Work Permits for foreign labor force as well. In accordance with the amendments the authorized body requires the employer to provide written agreements to reconcile certain conditions depending on the foreign labor strength.

In case of non-fulfillment of the above conditions, employers are not allowed to extend the Work Permit.

3. Time Modification

In concordance with the new rules the consideration and certification terms are as follows:

• The certification decision is made within 20 working days after the documents were accepted.  Previously the term was 10 working days.
• Employer provides the documents which guarantee the foreigners departure after the Permit expiring (copy of an agreement between a bank and an employer, a document that guarantees the consignation in a bank) – must be provided within 10 working days; previously the time limit was within 3 months.
  

The new Permit form will be registered in accordance with a form approved by the Government Decree of the RK from December 19, 2007 № 1242.

We hope that you find the information interesting and helpful.

Nurzhan Zhandosov

Lawyer

Tel.: +7 (727) 259-01-12
Fax: +7 (727) 259-01-98
Mob.: +7 (701) 755-69-74
ecology@gratanet.com