Main requirements for hiring foreign manpower in Kazakhstan

Main requirements for hiring foreign manpower

If employer has permission for foreign manpower hiring he concludes individual labor contracts with foreigners and stateless persons according to Rules and in the order established by labor legislation of the Republic of Kazakhstan.
Permission is not required for foreign citizenry:

• working as first heads of foreign juristic persons, their branches and representatives;
• who is in business trip for the term exceeding 45 calendar days in a year.

Ministry of Labor and social protection can restrict the number of recruited foreign citizenry in respect of certain professions and qualifications in the presence of corresponding supply in internal labor market.
Employer is obliged to take the following measures of search for workers in internal labor market (at least 1 month prior to submission of application for permission obtaining):

• to send information about vacancies to authorized body within 3 working days after their appearance;
• to advertise vacancies in the state and Russian languages in periodicals determined by central executive bodies.

Ministry of Labor and population social protection can prolong the term of search for workers in internal labor market for 1 month if the activity of employer does not require introduction of new technologies, investments and professional preparation of Kazakhstan cadres.

Categories of permission for foreign manpower hiring

• 1 category - for hiring of supervisory personnel;
• 2 category - for hiring of specialists with certified higher and secondary special education and individual entrepreneurs;
• 3 category - for hiring of qualified workers.

Additional terms for granting permission to hire foreign manpower

• for 1 category – re-preparation, preparation and skill improvement of Kazakhstan specialists with higher and secondary professional education to replace foreign citizenry until permission term end;
• for 2 category – preparation of Kazakhstan specialists to replace foreign citizenry, setting of proportion between Kazakhstan and foreign manpower, regular applications to authorized body on questions of employment and workers demand;
• for 3 category – preparation of Kazakhstan specialists to replace foreign citizenry at a time stated by these Rules, creation of additional workplaces for Kazakhstan citizenry, organization of public work, regular applications presented in authorized body on questions of employment and workers demand.

Employer, in accordance with cadres’ preparation program approved for one calendar year, must conduct professional training and re-preparation of Kazakhstan workers and issue certificates confirming their qualification.

List of documents necessary for obtaining of permission to hire foreign manpower with the aim of working activity performing

For obtaining of permission to hire foreign manpower with the aim of working activity performing on the territory of given oblast, Astana and Almaty cities employer submits the following documents in corresponding authorized body for employment problems:

• application for permission in the state or Russian languages indicating number, categories, professions and qualifications of hired manpower;
• confirmation of search for workers in internal labor market and evidences (information) of absence of necessary specialists among Kazakhstan citizenry looking for a job;
• confirmation of correspondence between qualification requirements on foreign language knowledge, work experience abroad, use of new technologies and workers` functions.

For obtaining of permission to hire foreign manpower with the aim of working activity performing on the territory of given oblast, Astana and Almaty cities employer submits the following documents in corresponding authorized body for employment problems:

• application for permission in the state or Russian languages indicating number, categories, professions and qualifications of hired manpower;
• confirmation of search for workers in internal labor market and evidences (information) of absence of necessary specialists among Kazakhstan citizenry looking for a job;
• confirmation of correspondence between qualification requirements on foreign language knowledge, work experience abroad, use of new technologies and workers` functions.