Global Trade Alert

 
On January 13, 2012, the Government of the Republic of Kazakhstan (according to Resolution No. 45) approved changes concerning the employment of foreign workers. The legal amendments are related to the established practice to classify employees into four categories:
 

• Category 1 - chief executive officers and their deputies;
• Category 2 - heads of divisions;
• Category 3 - specialists that possess qualification, set out by law;
• Category 4 - qualified workers that possess qualification, set out by law.

According to the recent legal amendment, employers must comply with the following ratio of local employees to foreign employees:

• not less than 70% for Categories 1 and 2;
• not less than 90% for Categories 3 and 4.

Small and medium enterprises as well as state-owned entities and companies are exempted from the new requirements. Enterprises, operating in special economic zones, or engaged in priority projects, are also excepted from the new rule, but the issuance of the labour permit of the foreign employee in this case is subject to a quota principle.