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Kazakhstan, being the young developing country, has always ...

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Legislation



Regulation of labour relations

Relations between employers and hired workers are regulated by the Labor code.
According to the Labor code the contract where the rights, duties and guarantees of the employee are stipulated should be signed with each employee.
According to the Kazakhstani legislation, the employer is obliged to insure his civil liability for personal injury or danger to the lives of workers while performing their job duties within 10 working days from the date of state registration of the employer (the legal entity).

Attraction of foreign labor

In accordance with the Rules of the definition of quotas, and permission for employers to hire foreign workers before they enter into an employment contract with a foreign national, the employer must obtain the akimat’s work permit for him.

Action of Rules does not extend on:
  • heads of branches and representative offices of the foreign organizations;

  • employers attracting foreign labor as the first heads of the legal bodies of RK whose authorized capital share of foreign legal and physical entities is at least 50 %, members of Board of Joint stock companies of RK where at least 50 % of shares owned by the state or foreign legal or physical entities;

  • persons being in short-term business trip provided that total duration of such business trips within a year does not exceed 60 calendar days.
The government annually establishes a quota on issuance of work permits to foreigners (now the quota is 0,75 % to economically active population). Employers should request quotas on work permits for the next year till the 1st of September of current year, it is desirable to make it beforehand.

Work permits are issued under certain conditions:
    1. training and hiring of citizens of Kazakhstan (for the purpose of creation of new workplaces) which should replace the foreign personnel subsequently;

    2. replacement of the foreign personnel by citizens of Kazakhstan with corresponding qualification;

    3. creation of additional workplaces for citizens of Kazakhstan and etc.
The work permit in most cases is issued for a period of one year. The issued permission is not subject to transfer to other employers, operates only in the territory of a corresponding administrative and territorial unit. The employer can direct the foreign workers who have received the permissions to business trip to the enterprises, organizations which are in the territory of other areas of the country, for no more than 120 calendar days within a year.