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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of June 4, 2009 No. 86

About approval of the Procedure for determination of quota of labor migration

(as amended on 14-02-2014)

For the purpose of ensuring execution of Item 4.11 of the Presidential decree of the Azerbaijan Republic of August 5, 2008 "About application of the Law of the Azerbaijan Republic of June 24, 2008 No. 658-IIIGD "About development of management system by migration and modification and amendments in some legal acts of the Azerbaijan Republic" the Cabinet of Ministers of the Azerbaijan Republic decides No. 805:

1. Approve "Procedure for determination of quota of labor migration" it (is applied).

2. This resolution becomes effective from the date of signing.

Prime Minister of the Azerbaijan Republic A.Раси-Заде

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of June 4, 2009, No. 86

Procedure for determination of quota of labor migration

1. General provisions

1.1. This Procedure is prepared according to the Presidential decree of the Azerbaijan Republic of August 5, 2008 No. 805 "About application of the Law of the Azerbaijan Republic of June 24, 2008 No. 658-IIIGD "About development of management system by migration and modification and amendments in some legal acts of the Azerbaijan Republic" and establishes procedure and conditions of forming of quota of labor migration in connection with involvement to paid labor activity in the territory of the Azerbaijan Republic of foreigners and stateless persons (further - foreigners).

The quota of labor migration (further - quota) represents the limit of number of foreigners provided for occupation by paid labor activity in the territory of the Azerbaijan Republic within year.

The quota is applied for the purpose of increase in efficiency of works in the sphere of rational use of local manpower and regulations of processes of labor migration.

The quota is determined taking into account condition of the domestic market of work, manpower requirement, availability of the free workplaces which were not demanded by the citizens of the Azerbaijan Republic having the professional training and specialties meeting the requirements of workplaces, possibility of bodies of employment service to provide requirements of employers for labor power at the expense of local manpower.

1.2. The quota affirms in three months prior to the beginning of the next year the Cabinet of Ministers of the Azerbaijan Republic.

1.3. Issue of individual permissions to implementation by foreigners of paid labor activity in the territory of the Azerbaijan Republic is made within the quota determined for every year.

1.4. Foreigners who according to the legislation do not need to get the corresponding individual permission can be attracted to paid labor activity in the territory of the Azerbaijan Republic out of quota.

2. Procedure for determination of quota

2.1. For the purpose of preparation of offers on determination of quota and coordination of work in this sphere by the Cabinet of Ministers of the Azerbaijan Republic creates the Commission consisting of representatives of the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic, the Ministry of Economy and Industry of the Azerbaijan Republic, the Ministry of Foreign Affairs of the Azerbaijan Republic, the Ministry of Education of the Azerbaijan Republic and the Public Migratory Service of the Azerbaijan Republic.

Treat powers of the Commission:

a) receive the data established by this Procedure from competent state bodies;

b) send requests in competent state bodies for the purpose of refining of the provided data;

c) invite to commission sessions of representatives of social partners (Confederations of labor unions and associations of employers), specialists of research institutions, competent state bodies and other experts;

d) prepare offers on quota.

2.2. For the purpose of determination of requirement of employers for foreign labor power by the employers wishing to attract foreign labor power till May 1 of the next year forecasts data (the form is applied) of the need for foreign labor power for the next year are represented to the Public migratory service of the Azerbaijan Republic.

2.3. The Ministry of Labour and Social Protection of the population of the Azerbaijan Republic till August 1 of the next year represents the following to the Commission on determination of quota:

a) forecasts of the labor market and demographic development for the next year;

b) forecasts for potential of the existing manpower, and also the unemployed and the dismissed workers;

c) forecasts data about possibility of satisfaction of manpower requirement at the expense of local manpower, and also involvement of the unemployed and the dismissed persons to professional training and retraining by professions and specialties concerning which attraction of foreign labor power is provided;

d) it is excluded;

e) it is excluded;

e) it is excluded;

g) it is excluded.

2.4. The Ministry of Economy and Industry of the Azerbaijan Republic till August 1 of the next year represents the following to the Commission on determination of quota:

a) data on the prospects of economic development of the country;

b) forecasts about macroeconomic country situation in the next year, including about the social and economic growth, employment and its distribution on economic spheres.

2.5. The Ministry of Education of the Azerbaijan Republic till August 1 of the next year represents to the Commission on determination of quota of the data on the number of citizens of the Azerbaijan Republic who will finish the education by profession and specialties in the next year.

2.6. The public Migratory Service of the Azerbaijan Republic till August 1 of the next year represents the following to the Commission on determination of quota:

a) the forecasts concerning the expected migration flows, in particular internal migration;

b) data on the facts of violation by foreigners of rules of stay and accommodation in country of source;

c) data on the number of foreigners which within the current and last year drove to the country left the country, temporarily stay or temporarily live in the country;

d) the information about the revealed foreigners who were engaged in illegal labor activity in the country within the current and last year;

e) data on quantity of industries of economic activity of the foreigners who got permissions to implementation of paid labor activity in the territory of the Azerbaijan Republic including data on country of source and specialty (or professions) and forecasts for the number of the corresponding individual permissions which prolongation is expected within year;

e) data on condition of use of the quota flowing and approved for last year;

g) data on cases of violation by employers of rules of attraction of foreign labor power for the current and passed years;

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