What should an employer do if the current permit for attracting foreign workers has been revoked and a restriction on the issuance and extension of such permits have been established for the next 12 months. Is it possible to appeal in a pre-trial or judicial order? We will tell you about this using the example of our recent case.
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.
When preparing for the case, we noticed that the conclusion of the prosecutor's office was based on the protocol of the meeting of the examination commission to verify knowledge of safety and labor protection. However, the check was carried out by a third–party organization that made a mistake in the protocol - the position of a foreign employee was incorrectly indicated. In addition, violations of administrative procedural legislation were committed.
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.
If you believe that your company or foreign employees are faced with an illegal decision or action of an administrative body, you can contact the nearest WPK office. Our lawyer and migration consultants will help you to appeal in a pre-trial or judicial order.