Work in Kazakhstan for Russians in 2021

Work of citizens of the Customs Union countries in Kazakhstan

For citizens of the Republic of Belarus and the Russian Federation, a simplified procedure has been established for carrying out labor activities on the territory of the Republic of Kazakhstan. This procedure does not require obtaining work permits, and also makes it possible to register for the entire duration of the employment contract.

The Agreement on the Legal Status of Migrant Workers and Members of Their Families, concluded on November 19, 2011 between the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, came into force on January 1, 2012.

Which employees are covered by the employment procedure established by the Agreement?

The Agreement covers any labor activity carried out on the territory of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation by citizens who are citizens of one of the states, legally located in the territory of another state, but not permanently residing in it. Such citizens are referred to in the Agreement as migrant workers. These include workers of any profession (technical, managerial, skilled, unskilled).

The procedure under consideration does not apply to foreigners who have received a residence permit in the Republic of Kazakhstan, who in labor relations are fully equal to Kazakh citizens.

Is permission required to attract foreign labor for citizens of the Customs Union countries?

In accordance with Article 3 of the Agreement, activities related to the attraction of migrant workers are carried out by employers of the state of employment without taking into account restrictions on the protection of the national labor market, and migrant workers are not required to obtain permits to carry out labor activities in the territories of the member states of the Customs Union.

What documents must a foreigner provide to be hired?

Article 4 of the Agreement establishes that the labor relations of a migrant worker with an employer are regulated by the legislation of the state of employment. Thus, labor migrants who are citizens of the countries of the Customs Union are fully subject to the norms of the labor legislation of the Republic of Kazakhstan, in accordance with which employment is formalized by concluding an employment contract.

As stated in this article, in order to conclude an employment contract, a migrant worker must submit to the employer:

documents provided for by the labor legislation of the state of employment. In accordance with paragraph 1 of Article 31 of the Labor Code of the Republic of Kazakhstan and taking into account the status of a foreigner, such documents include:
a document on education, qualifications, availability of special knowledge or professional training when concluding an employment contract for a job requiring relevant knowledge, skills and abilities;
document confirming work activity - work book (for persons with work experience);
military registration document (for those liable for military service and persons subject to conscription for military service);
a document confirming the completion of a preliminary medical examination (for persons required to undergo such an examination in accordance with the established rules);
copies of certificates of assignment of taxpayer registration number.
document(s) confirming the legality of the migrant worker’s presence in the territory of the state of employment, which include:
migration card.

What are the registration deadlines for labor migrants from the Customs Union countries?

In accordance with Article 5 of the Agreement, the migrant worker himself and his family members are exempt from registration (registration at the place of stay) with the migration police within 30 days from the date of entry into the territory of the Republic of Kazakhstan. To do this, you must indicate “to work” as the purpose of entry on your migration card. If an employment contract is concluded with an employer, the foreigner and his family members must register at their place of residence for the duration of the contract.

Rights in case of early termination of an employment contract

In case of early termination of an employment contract after the expiration of 90 days from the date of entry into the territory of the state of employment, the migrant worker has the right to enter into a new employment contract within 15 days, including with another employer in the manner established by Kazakhstani legislation.

Do migrant workers have the right to pensions and social insurance?

Article 11 of the Agreement establishes that social security for migrant workers is carried out in accordance with the general procedure established by Kazakhstani legislation. Thus, for example, the right to disability benefits will be exercised in the general manner.

A migrant worker can acquire the right to a pension only if he receives the status of a permanent resident foreigner (Article 4 of the Law of the Republic of Kazakhstan “On the Legal Status of Foreigners”)

Taxation of income

The income of a migrant worker received as a result of labor activity in the territory of the Republic of Kazakhstan is subject to taxation in accordance with Kazakhstan tax legislation (Article 17 of the Agreement).

In order for Russians to get a job in Kazakhstan, they need a bunch of certificates and documents

At first everything looked simple. If a Russian citizen wants to work with us in Kazakhstan - please! There is no need to change citizenship; there is no need to apply for a residence permit. You come, find a job within a month and stay in the country for the duration of the employment contract. This seemingly simple scheme has recently been supplemented with a long list of various certificates.

“You can’t figure it out without a bottle,” jokes our reader Nikolai Akentin. — My relative came from Barnaul and very quickly found a job in our city. He went to the migration office - and there he was given such a long list of all sorts of pieces of paper, as if he was applying for the position of astronaut! Just listen: a certificate from a tuberculosis clinic, a certificate from an HIV center, a criminal record certificate, medical insurance... If only a month would be enough to collect all these documents!

Everything is the same!

The agreement on labor migration signed between Russia and Kazakhstan was not supplemented with any new norms. The Russian side, unlike the Kazakh side, still requests a minimum of documents from migrant workers.

— A Kazakhstani who comes to us for employment must have a passport and a migration card. We don’t demand anything more from him,” Anna Vodolazskaya, a specialist in the labor migration department of the Federal Migration Service for the Omsk Region, told us over the phone. — Within seven days, a citizen of Kazakhstan must register with the migration service. After this, he can stay in our country and look for work for 90 days. Found it - comes to the FMS with an employment contract and extends the period of his stay in Russia for the duration of the employment contract. If a citizen of Kazakhstan cannot find a job in our country, he leaves for his homeland.

We have different rules

“We ask Russian citizens for a whole list of documents for a reason. This is explained by the effect of the Law of the Republic of Kazakhstan “On Migration”, adopted last year, explains the head of the migration police of Ust-Kamenogorsk Maxim Pupkov. — When this agreement first came into force, we first established our list of documents. But then it turned out that the law already spelled out in black and white all the documents that must be provided to a migrant worker. We did not come up with this list; it is provided for by law.

So, now, in order for a Russian citizen to be able to work in Kazakhstan, he needs to provide the following documents:

— employment contract (notarized copy);

— certificate from a tuberculosis dispensary;

— certificate from the HIV center;

— a certificate of the presence or absence of a criminal record (you need to bring it with you from Russia; it is impossible to make such a certificate in Kazakhstan);

— diploma of education (copy certified by a notary);

— letter of request from the employer;

— statutory documents of the enterprise that employs you;

— medical insurance on the territory of the Republic of Kazakhstan;

- photo.

What happens if…

— If, upon entering Kazakhstan, a Russian indicates the purpose of the visit as “employment,” he receives a kind of “deferment” from registering with the migration police. Let me explain. A Russian coming to Kazakhstan to visit relatives is required to register with the migration police within five calendar days after arrival. There are no options here, otherwise there will be a fine. A Russian who came to Kazakhstan for work has the right to come to the migration center only after 30 days. This entire month he can safely stay in our country and look for work.

— If it is not possible to find a job within a month, a Russian needs to come to the migration police and write an application with a request to register him for the private purpose of a visit. After this, he can stay in our country for another three months, with a further possible extension of this period for another 90 days.

— If during this time a Russian finds a job, he will no longer be able to get a job just like that. The thing is that the migration card will already indicate the private purpose of the visit. The Russian will have to leave, cross the border, return and again register the purpose of his visit as employment. And then - go ahead, you can go to work! Unless, of course, by that time the Russian changes his mind about working with us...

Irina Kraskova

Step-by-step instructions for hiring citizens of Kazakhstan in 2021

The basic requirements for hiring citizens of Kazakhstan in 2021 are extremely simple. The step-by-step procedure for hiring citizens of Kazakhstan looks like this:

First of all, the employer should post a vacancy, or simply process the incoming resume. Involving citizens of Kazakhstan in labor in its general principles is the same as in relation to Russians. However, at this stage, it should be remembered that the employer cannot establish the nationality or citizenship of the applicant in the requirements - the only exception is government agencies in which only full-fledged residents of the Russian Federation can work.
The applicant provides his documents to the employer for verification. At the same time, the package of documents when hiring Kazakhs may differ slightly from the requirements that are put forward to Russian citizens. The list of documents required for employment will be discussed in more detail below.
Direct conclusion of an employment contract with a citizen of Kazakhstan. Just like in relation to Russians, all regulatory principles and features of labor legislation apply to citizens of Kazakhstan. That is, all types of employment contracts can be concluded with the designated candidates for the workplace - fixed-term and open-ended, on remote or home work. At the same time, for example, concluding a fixed-term contract without proper grounds for this is also considered unacceptable.
The employer is obliged to notify the executive body on migration issues about the . Previously, a notification about hiring residents of Kazakhstan was sent to the Federal Migration Service, but due to the abolition of this service, the notification is sent to the Department for Migration Issues of the Ministry of Internal Affairs of Russia. The period for sending the said notice is three days, calculated from the next calendar day after the conclusion of the contract. This document is drawn up in a form strictly defined by law.
Carrying out labor activities. When hiring a citizen of Kazakhstan, the employer should remember that such an employee has all the social guarantees enshrined in the provisions of the Labor Code.
Termination of the employment contract. There are certain nuances in the event of termination of employment relationships with foreigners. In particular, it is mandatory to notify the Ministry of Internal Affairs of the termination of a previously existing contract, and this notification must also be drawn up in the prescribed form and sent within three days from the date of dismissal of the employee. Upon dismissal, an employee also has the right, like a Russian, to receive severance pay, as well as all due wages and compensation for unused vacations.