Submission of monthly reports about foreign employees
There are some obligations for an employer once work permit is obtained for foreign employee. One of them is submission of data about attracting foreign nationals and fulfillment of special conditions.
What is the deadline of monthly reports and which information is to be indicated?
Information is to be submitted on a monthly basis and not later than 30th day of the month. Report contains following information:
- Number of foreign nationals working currently
- Number of overtraining Kazakh citizens
- Number of Kazakh citizens, who replaced foreign nationals
- Number of Kazakh citizens working currently
- Number of job placements
Where it is indicated that employers should submit monthly reports?
Point 78 of Rules of granting and extension of work permits to attract foreign labor force.
An employer, who attract foreign labor force and applied for work permits must provide with information about fulfillment of special conditions and foreign nationals to local Labor Authorities due to Appendix 11 of Rules.
What is the responsibility if we did not meet the requirement of submission reports?
According to Point 5, Article 98 of Code of Administrative offences, if an employer did not submit information about foreign nationals in a timely manner this leads to administrative violation. For first time it is a warning report. For second time within a year, it is a fine, 10 MCI (1 MCI in 2022 – 3063 tg).
Where we can find or download template of monthly report?
There is an approved form according to Appendix 11 of Rules of granting and extension of work permits to attract foreign labor force. Template is attached to this article.
How we can deal if we have work permit for foreign national but did not submit reports?
We faced such cases previously. We do not recommend to continue in this way until Authorities find out about violation of Rules and strictly recommend to start submitting of monthly reports from now.
Should we submit monthly reports for Russia nationals?
Citizens of Russia can work in Kazakhstan as exemptions from Rules without getting work permits. It is enough to get temporary residence permit. At the same time monthly reports submit only that companies which get work permits. Also, it is not required to submit reports to employers, who attract foreign nationals by simplified procedure without getting work permits: first category employees in companies with 100% foreign shareholders, Heads of Representative offices / Branches, holders of residence permit and others.
We have foreign nationals working in Astana and Almaty. Is it allowed to apply common report in one region?
It is obligatory to apply monthly report in each region where foreign nationals have work permits. Unfortunately, there is no option of single report all over the Kazakhstan. In monthly reports employers indicate foreign nationals working in certain region and do not indicate other foreigners.
The title of report contains information about special conditions. Why we should submit this report if we do not have special conditions?
It is joint reporting form. Points about fulfillment of special conditions, relate to employers who get work permits by 4th category and intercorporate transfer. If you do not have such work permit, then you should not fill these points. Just write information about your company work permits.
What additional procedures may be required for an employer after work permit is obtained?
- obtainment of working visa of C3 category in Kazakhstan or Temporary Residence Permit
- submission of Notifications to Migration Authorities
- proceeding with an IIN
- seminar to foreign nationals about requirements of Migration legislation
- quota request