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WORKING IN THE REPUBLIC OF KAZAKHSTAN

Labour legislation of RK purports to protect its internal labour market. Hence, primarily only exceptionally skilled foreign workers of highly specialised knowledge come to work in RK.

An employer who offers a job to an exceptionally skilled foreign worker must be licensed by the Ministry of Labour and Social Protection of the Population of the Republic of Kazakhstan. It is the licence of the Ministry of Labour and Social Protection of the Population of the Republic of Kazakhstan that enables the Ministry of the Foreign Affairs of the Republic of Kazakhstan to issue a Worker`s Visa to a foreign citizen.

A foreign worker is not allowed to work in RK if the employer is not licensed to hire foreign workers. However, the legislation of RK contains a number of exceptions.

The Rules Regarding Quota Determination, Terms and Conditions, and the Procedure of Issuance of Licences to Employers to Hire Foreign Workers, No. 836, dated June 19, 2001, establishes the following categories of foreign workers who do not require a licence to work in RK:

1. Executive and managerial personnel of an affiliate or a subsidiary of a foreign firm or corporation;
2. Foreign citizens who come to RK on a business trip of less than 45 days;
3. Executive and managerial personnel of foreign companies collaborating with the Government of RK on a contractual basis where investments exceed $50 million US;
4. Executive and managerial personnel of banks, insurance companies, pension funds;
5. Personnel of diplomatic missions and international organisations accredited in RK;
6. Representatives of foreign media accredited in RK;
7. Personnel of charitable organisations registered in RK;
8. Crewmen of foreign vessels, aircraft, trains and vehicles;
9. Entertainers and athletes engaged on contractual basis by governmental entities of RK;
10. Entrepreneurs, including trade and service providers, inter alia, builders and renovators of private dwellings;
11. Foreign citizens permanently residing in RK (with residence permit);
12. Recognised refugees and persons who received political asylum in RK.

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