Kazakhstan introduces new regulations for labour migrants

New regulations for labour migrants came into force in Kazakhstan, zakon.kz reported.

On December 10,2013 the President of the Republic of Kazakhstan Nursultan Nazarbayev signed up amendments to certain legal acts on labour migration, which introduce simplified issue of work permits to foreign citizens and on Monday, January 6, the police department of Almaty city explained how new regulations will operate.

As of February 1, 2014 foreign migrants will get patents for labor activity in the Republic of Kazakhstan.

The cost of this patent amounts to two MCIs - 3704 KZT - and it is issued for natural persons for involving foreign citizens to housekeeping, which includes employment as a chef, nurses, gardeners, etc., and for estate repair, i.e. repair of apartments, private houses, cottages, etc. This novelty is subject to natural persons only; and the maximum number of 5 foreigners can be involved for one natural person. The minimal validity is one month, the maximum is a year; upon completion of the year a foreigner must move back to his native country; and if he wants to work longer, after 6 calendar days he has a right to renew the patent.

Thus, in case permit is extended for a year, a total sum of payments will amount to 44,448 tenge.

Besides foreigners will pay taxes themselves and employer is only to make a labour contract.

It should be noted that a worker, who decides to save money on income tax, risks getting a ban on entry into the country.

The law is aimed at simplification of obtaining such permit and will contribute to legalization of labour migrants. It will also decrease factors supporting corruption: conducting labour activities on legal grounds, foreigners will be removed from “shadow sector,” the Deputy Head of the Migration Police Management of Almaty Department of Internal Affairs Aidyn Belgibayev informed.

According to him, the amendments will refer to citizens of the countries, with which Kazakhstan has visa-free regime. Citizens of CIS countries (including main countries -“donors” of labour migrants – Uzbekistan, Kyrgyzstan and Tajikistan), except Turkmenistan, are to observe the regulations.

At the same time the Department of Internal Affairs noted that one individual can attract not more than five foreign workers simultaneously. It was made for citizens of Kazakhstan not to send illegal workers to construction sites, registering them as helpers at home.

“That is labour immigrants can’t be used by employer for receiving of profits for themselves. It is allowed to sign an employment contract only for provision of services in household (as a nurse, gardener, cook, driver) and for construction and repair of home accommodations, which are the personal property of employer,” the Major Belgibayev specified. “The permit will be valid only on the territory of one administrative territorial unit. Besides, taking into account that the permit is issued by migration police agencies simultaneously with registration, it will allow to effectively control stay of a foreigner and his activities in the country. The departments of migration police will render information about permits to taxation bodies.”

The official registration of labour migrants is maximally simplified – the only condition is preliminary payment of personal income tax,” press service of the Department of Internal Affairs of Almaty noted. Migrants, hired by Kazakhstanis, are given Individual Identification Number and to obtain it they must address to Taxation Committee in place of his temporary residence.