The employer – a branch of a foreign company in Kazakhstan – was checked by the prosecutor's office for compliance with labor legislation. According to the results of the audit, the employer was charged with a violation in the sphere of attracting foreign labor. In particular, attracting a foreign employee to a position that does not correspond to the position specified in the permit.

Further, the Prosecutor's Office made a submission on the elimination of violations of the rule of law and sent it to the Department of Coordination of Employment and Social Programs (hereinafter – the Employment Department) for taking measures. The Employment Department, fulfilling the representation of the Prosecutor's Office, revoked the current employer's permits to attract foreign labor, and also set a limit on the issuance and extension of permits for a period of 12 months.

The employer tried to appeal the administrative act of the Employment Department in a pre-trial order, but it was left unchanged by the higher authority.

After that, the employer turned to us for help. Our lawyer Evgeny Borovsky carefully studied the documents reviewed during the audit, the prosecutor's office's submission on the results of the audit, listened to the position of the employer. After that, we prepared a lawsuit to the court, where we represented the interests of the employer who applied for help.

In court, our lawyer proved that the specified protocol of the examination commission meeting, compiled by an outside organization, cannot serve as proof of the employer's involvement of foreign workers in positions that do not correspond to the positions in the issued permits. The court took this into account and ruled in favor of our client. Thus, the order of the Employment Department was canceled.