How to Hire a Foreigner in Kazakhstan
Kazakhstan offers a dynamic landscape for foreign professionals, making it an attractive destination for expatriates. However, navigating the hiring process for foreign workers requires an understanding of the work permit system. This guide outlines essential steps and considerations for employers looking to hire foreign talent in Kazakhstan.
Table of Contents
Overview of the Work Permit Process
Kazakhstan’s work permit system is structured to regulate the employment of foreign nationals, balancing the need for skilled labor with the protection of the local workforce. Foreign employees must secure appropriate work permits before starting their employment.
Key Legislation
The primary legal framework for work permits in Kazakhstan is established by the Labor Code and various decrees from the Ministry of Labor and Social Protection. These regulations specify the requirements and procedures for obtaining work permits, as well as outlining the rights and obligations of foreign workers.
Types of Work Permits
Employers can apply for different types of work permits based on the nature and duration of employment:
- Single Work Permit: For foreign nationals employed in Kazakhstan, typically valid for one year with options for renewal.
- Temporary Work Permit: Designed for short-term employment, such as project work, valid for up to 90 days.
- Work Permit for Highly Qualified Specialists (HQS): Aimed at attracting individuals with specialized skills, often with an expedited application process.
- Intra-Corporate Transferee Permit: Allows multinational companies to transfer employees from foreign branches to their offices in Kazakhstan
Steps to Hire a Foreign Worker
- Document Preparation: Employers must gather necessary documents, including:
- Application form
- Valid passport of the foreign employee
- Medical certificate
- Proof of no criminal record
- Employment contract or invitation letter
- Employer registration documents.
- Submission of Application: Applications should be submitted to the local Ministry of Labor and Social Protection office or via the government’s e-portal. Processing times can range from 5 to 30 business days.
- Issuance of Work Permit: Once approved, the work permit must be presented upon entry into Kazakhstan. Compliance with the permit’s terms is mandatory.
Important Considerations
- Quota System: Each year, the Kazakh government sets quotas for the number of work permits issued per profession. Employers should be mindful of these limits during their application.
- Local Labor Market Tests: Employers may need to show they could not find qualified local candidates for the position, necessitating local labor market tests.
- Compliance and Monitoring: Employers are responsible for ensuring that foreign employees adhere to the terms of their work permits, which may include regular compliance checks by authorities.
- Renewal Process: Work permits can generally be renewed, but employers should begin the process at least 30 days before the current permit expires to avoid employment gaps.
Conclusion
Successfully hiring a foreign worker in Kazakhstan involves a thorough understanding of the work permit system and adherence to legal requirements. By partnering with WeHireGlobally familiarize yourself with the types of permits, application procedures, and compliance obligations, employers can effectively integrate foreign talent into their workforce. For more detailed information, check out resources like Expat Arrivals and other specialized websites focused on expat living in Kazakhstan.