Dear Sirs,
Referring to your request regarding the employment of foreigners, the Committee for Labour, Social Protection and Migration would like to inform you about the following:
According to Section 2(5) of the Procedures and Regulations on the Issuance and/or Renewal of Foreign Employment Permits to Employers for Foreign Employment and Intragroup Secondment approved by Order of the Acting Minister of Healthcare and Social Development of the Republic of Kazakhstan No. 559 of 27 June 2016, the term “employer” means a legal entity or individual, a branch or representative office of a foreign legal entity with which an employee has an employment relationship.
Therefore, if a branch/representative office is established by a party other than a foreign legal entity, when determining HR local content the employer shall take into account all Kazakhstan and foreign employees employed by both the parent entity and the branch/representative office.
Should you disagree with our response, you may appeal to the superior official or court in compliance with Article 12 of the Kazakhstan Law On the Procedure for Review of Applications from Legal Entities and Individuals.
Sincerely yours,
A. Sarbassov
Chairman