The 'Regulations And Terms For Issuing Permits To Expatriate Employees For The Provision Of Employment And To Employers For The Employment Of Foreign Nationals Of The Republic Of Kazakhstan' Review

Since March 11, 2012 the "Regulations and Terms for Issuing Permits to Expatriate Employees for the Provision of Employment and to Employers for the Employment of Foreign Nationals" have come into effect in the Republic of Kazakhstan.

In keeping with GRATA Law Firm's policy of sharing with our clients information about major changes in legislation that can have a bearing on their activity, we would like to make you aware of forthcoming changes in Kazakhstani legislation due to this Law's entry into force.

1. GENERAL INFORMATION

   On January 13, 2012 the Decree of Government of the Republic of Kazakhstan # 45 the "Regulations and terms for Issuing Permits to Expatriate Employees for the Provision of Employment and Employers for the Employment of Foreign Nationals" was approved and, came into effect on March 11, 2012.

   The Decree makes alterations and supplements to the legislative acts of the Republic of Kazakhstan.

   The Decree has introduced certain changes to the system for issuing work permits that we would like to bring to your attention.

2. THE CHANGES, MADE BY THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN DECREE:

   1. The introduction of new concepts such as a "business-immigrant", "program for the increase of Kazakhstani content" "corporative transfer", "the total workforce", "country of origin" and "list of individuals for independent employment" are introduced.

   2. The introduction of the concept of a guarantee deposit, the purpose of which is to ensure the departure of an employee from the territory of the Republic of Kazakhstan after the permit has expired.

   3. The introduction of the program for increasing Kazakhstani content in staff, which establishes the package of mandatory measures for the training and professional development of employees of Kazakhstani citizenship.

   4. The introduction of a mechanism for temporary relocation of foreigners or stateless persons from a foreign legal entity to its subsidiary, branch organization, representative office or affiliate, established within the territory of the Republic of Kazakhstan.

   5. The list of persons, to whom the Decree does not apply, is enlarged.

   6. The 120 day limit of a business trip for foreign workers within one calendar year is increased.

   7. The section on the system for determining and applying quotas is excluded from the Decree. However, the norms relating to the determination and application of quotas for the employment of foreign nationals, are reflected in the text of Decree.

   8. The...