Article 37-1. Recruitment of foreign labor by employers The Law on Population Migration
1. Foreign labor is attracted by employers to work in the Republic of Kazakhstan on the basis of permits for attracting foreign labor issued by local executive bodies of the relevant administrative-territorial units.
2. Local executive bodies in the territory of the relevant administrative-territorial units shall issue or extend permits or refuse to issue or extend permits to employers to attract foreign labor to carry out work activities within the quota allocated by the authorized body for employment, as well as suspend and revoke these permits.
3. A permit issued by a local executive body to attract foreign labor is not subject to transfer to other employers, and is valid on the territory of the administrative-territorial units indicated therein, with the exception of sending foreign employees who have received permits on a business trip to organizations located on the territory of other administrative-territorial units for a period that does not exceed exceeds a total of ninety calendar days during one calendar year.
4. Permission to employers to attract foreign labor is issued or extended in accordance with the procedure and on the terms determined by the authorized body on population migration, as well as upon payment of fees in accordance with the tax legislation of the Republic of Kazakhstan.
Upon receipt or extension of a permit to attract foreign labor to the Republic of Kazakhstan within one and (or) other administrative-territorial units, a fee is paid to the budget of each administrative-territorial unit specified in the permit.
The provision of this paragraph regarding the payment of a fee for issuing or extending a permit to employers to attract foreign labor does not apply to foreigners and stateless persons working as part of an intra-corporate transfer.
5. The necessary documents are accepted, as well as the issuance or extension of permits to employers to attract foreign labor are carried out by the local executive body in accordance with the procedure determined by the authorized body on migration, including in electronic form through an information system of permits and notifications.
6. The number of foreign workers employed by the employer under permits must correspond to the percentage of the number of Kazakhstani personnel determined by the authorized body on migration, taking into account the employees of the sending party engaged in labor activities under the contract for the provision of personnel services.
7. The level of education (professional training) and experience (seniority) of practical work of foreign labor attracted by employers to work in the territory of the Republic of Kazakhstan must meet the qualification requirements for the professions of workers and positions of managers, specialists and employees, in accordance with professional standards or the Unified Tariff and Qualification Directory of jobs and professions of workers. and a Qualification directory of positions of managers, specialists and other employees, typical qualification characteristics of positions of managers, specialists and other employees of organizations. IZPI's note! Paragraph 7 is provided for in the wording of the Law of the Republic of Kazakhstan dated 07/04/2023 No. 15-VIII (effective from 01/01/2030).
8. Employers who attract foreign labor are required to submit primary statistical data to the local employment agency in accordance with the procedure and deadlines established by the Social Code of the Republic of Kazakhstan.
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.
President
Republic of Kazakhstan
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