New in Work Permit Obtaining Rules

Hereby we inform you that new ‘Rules and conditions of work permit obtainment for foreign employees for employment and for employers for attraction of foreign labor forces” have been approved on 13 January of 2012 effective from 11 March 2012.

Dear Clients,

Hereby we inform you that new ‘Rules and conditions of work permit obtainment for foreign employees for employment and for employers for attraction of foreign labor forces” have been approved on 13 January of 2012 effective from 11 March 2012.

The following have been introduced:

Definitions

•\tbusiness-immigrant

•\tpayment guarantee

•\tprogram on Kazakhstan content increase

•\tallowance for self-employment

•\tlist of employees (payroll)

•\tcountry of origin

•\tcorporate transfer

New options:

•\tpossibility of self-employment

•\tpossibility of transfer of foreign employee from foreign legal entity to its Branch, subsidiary, representative office or affiliated entity which are incorporated on the territory of RoK (corporate transfer).

Duration of business trips for foreign or stateless individuals has been extended for up to 120 calendar days per calendar year, with the right to stay on the territory of Kazakhstan without a work permit in presence of business visa.

New in procedure:

– The employer is not obliged to search for a candidates from the domestic labour market by publishing vacancies announcements in local or national periodicals (newspapers, advertisements, etc.)

– Deadline of decision making by the competent body is decreased up to 3 working days.

New in requirements:

– The employer is not obliged to replace foreign with domestic employees.

– Increased the ratio of Kazakhstani employees for each category of the foreign employees (up to 70% for categories 1 and 2, up to 90% for categories 3 and 4).

New in terms of issuance and prolongation of work permits four categories of employees:

1) Category 1(except small business entities): work permits allowed for up to three years for 12 months with a maximum of 2 annual extensions of 12 months, each;

2) Categories 2 and 3: for 12 months with the right of maximum 2 renewals of 12 months, each;

3) Category 4 and seasonal foreign workers: 12 months without right for extension

4) Corporate transfers: term specified in the transfer agreement/contract, however not longer than three years and no more than 1 working year extension

Additional documents required for employing foreign workers:

1) Confirmation of the absence of criminal record;

2) Medical certificate confirming the absence of diseases hindering the employee’s particular work;

3) Medical Insurance.

Information contained in this Client Update is of general nature and cannot be used as legal advice or recommendation. Please seek for a specific advice in relation to any questions. Please note that Kazakhstan and Turkmenistan are emerging economies and their legislation and legal systems are in constant development. Should you have any questions or would like to discuss subjects addressed in this Client Update please contact us.