Amendments to the Rules of attracting foreign labour force

Effective May 1, 2020, amendments to the Rules of attracting foreign specialists will come into force.

The changes mainly affected following items:

  • Non-allowance of work permit applications in hard copies. Submission of the applications to the Labour Authorities at the place of employment of foreign specialists is allowed in electronic form via governmental websites and
  • Approval of mandatory replacement of foreign specialists by 4th category to Qazaqstani employees for identical positions for a period of 6 months to 1 year. Failure to comply with the obligations on replacement of the foreign employees is considered as a reason of rejection of the applications for work permit obtainment and renewal.
  • Determination of the limitations on terms of documents submission for renewal of work permits. According to the changes in the Rules, application for work permit renewal should be submitted not earlier than 60 calendar days and not later than 30 calendar days prior work permit’s expiry date.
  • Introduction of reporting on fulfillment of special conditions and attracted foreign labour force according to the form approved by Annex 11 to the Rules.
  • Abolishment of employment letters confirming work experience of foreign specialists under standard procedure of work permit obtainment. Instead, the employers have to submit the letter confirming conformity of the qualification and professional experience of the foreign specialist with the proposed position.
  • Definition of the procedure for appealing decisions, actions (omissions) of the Labour Authorities.
  • The complaint can be directed by the employer to the local Labour Authority, then to the authorized body for assessing and monitoring the quality of the provision of public services, and then to the Court, in case of disagreement with the results of provision of the services on attracting foreign specialists.
  • Introduction of video recording at the Committees on work permits issuance. During each Committee session, where employer or its representative may attend, review of the employers’ application will be recorded on video.

You may review the full text of Rules in “Legislation” section.

In case of queries and questions please contact DOS consultants.

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