The procedure to assign the quota for priority projects has several
differences from the general procedure for assigning quotas on
attraction of foreign labour. For a more detailed understanding of these
differences, it is suggested to analyze the legislation[1] of the
Republic of Kazakhstan, in particular, migration and employment law.
The Method of Formation
As a rule, the formation of the quota on attraction of foreign labour is conducted on the basis of applications sent annually by employers as a percentage to the number of economically active population.
The quota on each priority project is calculated in absolute terms by the Government of the Republic of Kazakhstan, it means that a certain number of people is set. For instance, for reconstruction and modernization of Atyrau Petroleum Processing Plant a quota on attraction of foreign labour of 889 people has been assigned recently, in March 12, 2014. A year before this number was 399 people, by the Decree of the Government of the Republic of Kazakhstan. Thus, a quota on each priority project and for each year shall be determined separately. Quotas determine timing, location of implementation and the maximum number of foreign employees the organizations engaged in the implementation of priority projects need. These organizations include contractors and subcontractors.
Time Limit
Applications from employers must be sent to the authorized agency[2] till the first of September for the coming year. Further, the authorized agency shall submit justifications for attracting foreign labour for the next year to the labour authority[3] till the first of October. In the end, the labour authority provides the draft decision of the Government of the Republic of Kazakhstan on establishing quotas for the coming year till the first of December.
As it was noted earlier, the quota for priority projects is determined separately for each project. Similarly, time-frames for the formation of quotas are defined – the Draft decisions of the Government of the Republic of Kazakhstan are developed and introduced as required, and they do not fall within the general rules of application deadlines.
Number of Local Employees
It is not excluded that in addition to the above methods of formation and time limits there are several other factors where we can find exceptions to the general rules for priority projects. For example, the general provisions on the number of local employees in the ratio to registered number of employees is not subject to the priority projects: for Atyray Petroleum Processing Plant project the percentage of Kazakhstan citizens under III and IV categories has been reduced to 70% instead of 90%.
[1] Decree of the Government of the Republic of Kazakhstan No. 45, dated January 13, 2012 “On Approval of the Rules to Assign Quota to Attract Foreign Labour to the Republic of Kazakhstan, the Rules and Conditions of Issuance of Permits to a Foreign Employee for Employment and the Rules for Employers to Attract Foreign Labour and on Amendments to the Decree of the Government of the Republic of Kazakhstan No. 836 dated June 19, 2001 “On Measures to Implement the Law of the Republic of Kazakhstan dated January 23, 2001 “On Employment” (amended and added as of November 08, 2013).
[2] Structural division of local executive authorities of Almaty and Astana, providing employment assistance and social protection from unemployment on regional level.
[3] The State authority of the Republic of Kazakhstan, implementing the state policy in the sphere of labour relations in accordance with the legislation of the Republic of Kazakhstan.
Ibragim Kouky