Article 36-1. Quota for attracting foreign labor The Law on Population Migration

Home / RLA / Article 36-1. Quota for attracting foreign labor The Law on Population Migration

1. In order to protect the domestic labor market, the authorized body on migration issues establishes a quota for attracting foreign labor to work in the territory of the Republic of Kazakhstan.

2. The provisions of this Law on quotas of foreign labor and the issuance of permits to employers to attract foreign labor do not apply to foreigners and stateless persons.:

1) working in autonomous educational organizations, their organizations, as well as in the Nazarbayev Foundation as managers and specialists with higher education;

2) working in government agencies with confirmed documents in accordance with the procedure established by the Government of the Republic of Kazakhstan;

3) working in organizations of the Republic of Kazakhstan that have concluded investment contracts for the implementation of an investment priority project in accordance with the legislation of the Republic of Kazakhstan, as well as working in organizations engaged by these legal entities (or their contractors) as a general contractor, contractor, subcontractor or service provider in the field of architectural, urban planning and construction activities (including survey and design activities, engineering services), for a period of up to one year after the commissioning of the investment activity object as managers and specialists with higher education, as well as as qualified workers according to the list of professions and numbers determined in investment contracts for the implementation of the investment priority project.;

4) working in legal entities that are participants in special economic zones, with projects worth more than one million monthly calculation indices, as well as in organizations engaged by the specified participants in special economic zones (or their contractors) as a general contractor, contractor, subcontractor or service provider, during the period of construction and installation work on the territory special economic zones and until the expiration of one year after the commissioning of the facility (facilities) according to the list of categories and numbers, which are determined by a commission consisting of representatives of the authorized body for employment of the population, interested central state bodies in accordance with the procedure approved by a joint decision of the authorized body for employment of the population and the central executive body responsible for state regulation in the field of creation, functioning and abolition of special economic and industrial zones;

5) those who have arrived for self-employment in professions in demand in priority sectors of the economy (types of economic activity);

6) permanently residing in the Republic of Kazakhstan;

7) working as the first heads of branches or representative offices of foreign legal entities;

8) provided for by the list of persons determined by the Government of the Republic of Kazakhstan who do not require permits from local executive bodies to attract foreign labor for employment;

9) working in the autonomous cluster fund "Astana Hub" or with the participants of "Astana Hub" in positions of managers and specialists with higher education.

3. The provisions of this Law on the annual quota of foreign labor do not apply to foreigners or stateless persons who work in the territory of the Republic of Kazakhstan as part of an intra-corporate transfer.

4. The quota for attracting foreign labor is set as a percentage of the labor force and includes:

1) a quota for attracting foreign labor under permits issued by the local executive body to the employer;

2) a quota for attracting foreign labor by country of origin, if there are international agreements on cooperation in the field of labor migration and social protection of migrant workers ratified by the Republic of Kazakhstan.;

3) a quota for attracting labor immigrants.

5. The quota for attracting foreign labor is formed and established by the authorized body on population migration, taking into account the forecast of the state of supply and demand in the labor market for the upcoming (upcoming) year(s) and proposals of authorized state bodies responsible for the management of the relevant field of public administration, local executive bodies, as well as employers.

6. The employer ensures the departure of the attracted foreign employee from the Republic of Kazakhstan in connection with the termination of the permit to attract foreign labor.

7. The employer provides information to the authorized body on migration issues on the employment of foreigners or stateless persons who are employed on the basis of a certificate of qualification for self-employment and (or) termination of employment relations with them.

The footnote. Chapter 6 is supplemented by Article 36-1 in accordance with the Law of the Republic of Kazakhstan dated 04/20/2023 No. 226-VII (effective from 07/01/2023).

The Law of the Republic of Kazakhstan dated July 22, 2011 No. 477-IV.

This Law regulates public relations in the field of population migration, defines the legal, economic and social foundations of migration processes.

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Republic of Kazakhstan

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