Expatriate Employee in a Kazakhstan’s LLP. License for emplyment of foreign nationals in Republic of Kazakhstan. Legal services in Kazakhstan.

 The main statutory instrument governing labor relations in the Republic of Kazakhstan is the Labor Code of the Republic of Kazakhstan.

 However, there are a number of statutory instruments regulating employment relations between legal entities that are residents of the Republic of Kazakhstan and individuals who are non-residents of Kazakhstan, such as the Law of RK "On Employment", the Law of RK "On Migration", "Guidelines and Conditions for issue of employment permit to an expatriate employee and of permits to employers to hire foreign nationals", approved by the Government Decree of RK dated 13.01.2012 № 45.

To the extent of payment of wages, as well as payment of taxes and other obligatory payments to the budget for employment relations between employer who is resident in the Republic of Kazakhstan and a foreign employee are regulated by the Tax Code of the Republic of Kazakhstan.

Employment of foreign nationals in a limited liability partnership of the Republic of Kazakhstan under tax, immigration and labor legislation includes the following

provisions.

In accordance with the Law of the Republic of Kazakhstan "On Employment", publicemployment policy is aimed at ensuring equal opportunities for citizens of the Republic of Kazakhstan, foreigners and stateless persons permanently residing in the Republic of Kazakhstan, to a free choice of occupation and profession, just and favorable labor conditions, social protection against unemployment, productive employment, reducedunemployment, job creation, including protection of the domestic labor market through establishment of quotas for employment of foreign nationals.

QUOTAfor a license to employ foreign nationals.

In order to protect domestic labor market the Government of the Republic of Kazakhstan annually establishes aquota for employment of foreign nationalsto carry out work in the territory of the Republic of Kazakhstan.

The central executive body allocates quotas within thelimits and following the procedureestablished by the Government of the Republic of Kazakhstanto employforeign nationalsto carry out work in the territory of the Republic of Kazakhstan, between regions,and in thecities of Astana and Almaty.

Local executive bodies on the territory of the relevant administrative-territorial unit issue permits to employers to hire foreign nationalsand to foreign workers for employment, except those determined by the Government of the Republic of Kazakhstan, in order to work within the quota allocated to the central executive body, as well as suspended and revoke such permits.

QUALIFICATION CRITERIA FOR A LICENSE TO EMPLOY FOREIGN NATIONALS.

The level of education (training) and practical experience of foreign nationals, engagedin order to work on the territory of the Republic of Kazakhstan must meet the qualification requirements for competence requirementsof workers and managers, specialists and employees in accordance with the jobsand professions evaluation manual and Managers, specialists and workforce qualification reference book .

In accordance with the Law of RK "On Human Migration", one of the main types of immigration is in-move to the territory of the Republic of Kazakhstan for the purpose of employment.

Immigrants who came for the purpose of employment are divided into the following categories:

1) expatriate employees - immigrants who arrived or were engaged by employers in order to work on the territory of the Republic of Kazakhstan;

2) business immigrants - immigrants who came for the purpose of doing business in accordance with the legislation of the Republic of Kazakhstan;

3) seasonal expatriate employees - immigrants, hired by employers for seasonal work, which, due to climatic or other natural conditions are performed during a certain period (season), but not more than one year;

Thus, partnership that hires expatriate employees must obtain the appropriate license, granting the right to employ expatriate employees in Kazakhstan with an attachment listing employed individuals by name; except for current provisions of the Customs Union agencies.

Based on the requirements of Regulations establishing quotas for employment of foreign nationals in the Republic of Kazakhstan and Guidelines and Conditions for issue of employment permit to an expatriate employee and of permits to employers to hire foreign nationals, approved by the Government of the Republic of Kazakhstan dated 13.01.2012, № 45, ittakes one to three monthsto obtain apermit for employment of foreign nationals. In order to obtain a permit to employ foreign nationals, a certain number of documents must be submitted for each employee.

Legal services in Kazakhstan.

Limitations in employment of foreign nationals.

In accordance with the requirements of the Labor Code of the Republic of Kazakhstan, it is not allowed to enter into employment contracts with foreign citizens temporarily residing in the territory of the Republic of Kazakhstan, before a permit is obtained from a local executive body to employ foreign nationals, or before a foreign guest worker obtains a permit issued by internal affairs agency in the manner prescribed by the Ministry of Internal Affairs of the Republic of Kazakhstan.

Based on the requirements of Article 29 of the Labor Code of the Republic of Kazakhstan, an employment contract with a foreign employee is executed for the term of permit to employ foreign nationals issued by a local executive body or employment permit for a guest worker by internal affairs agency.

In case of withdrawal of a permit to employ foreign nationals by local executive agency, employment contract shall be deemed terminated, for reasons beyond the will of the parties.

This article provides only a small part of general issues arising during registration of an expatriate employee in a limited liability partnership; however, each situation is different and requires special, careful approach depending on the nature of the work and other details of their employment.

     Legal services in Kazakhstan. Kazakhstan Law Firm.

    Prepared by Senior Attorneyof ZAN Law FirmBerdalieva Dinara.