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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of July 1, 2011 No. 464

About approval of the Procedure of benefit of the government employee provided in article 21.1.6 of the Law of the Azerbaijan Republic "About public service" in case of liquidation of state bodies or staff reduction in case of employment according to official pay rate and qualification or when obtaining in state bodies of position, corresponding post

(as amended on 16-05-2017)

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, for the purpose of ensuring execution of Item 1.3 of the Presidential decree of the Azerbaijan Republic of March 3, 2011 behind number 392 "About Application of the Law of the Azerbaijan Republic "About modification and amendments in the Law of the Azerbaijan Republic "About public service" and modification in approved by the Presidential decree of the Azerbaijan Republic of June 24, 2009, behind number 108 "" I decide Regulations of Admission to public service in state bodies by means of tender:

1. Approve "Procedure of benefit of the government employee provided in article 21.1.6 of the Law of the Azerbaijan Republic "About public service" in case of liquidation of state bodies or staff reduction in case of employment according to official pay rate and qualification or when obtaining in state bodies of position, corresponding post" it (is applied).

2. To the Cabinet of Ministers of the Azerbaijan Republic to resolve the issues following from this Decree.

President of the Azerbaijan Republic

Ilham Aliyev

Approved by the Presidential decree of the Azerbaijan Republic of July 1, 2011, No. 464

Procedure of benefit of the government employee provided in article 21.1.6 of the Law of the Azerbaijan Republic "About public service" in case of liquidation of state bodies or staff reduction in case of employment according to official pay rate and qualification or when obtaining in state bodies of position, corresponding post

1. This Procedure is developed for the purpose of implementation of benefit of the government employee (including persons, and also being on internship or probation period) provided in article 21.1.6 of the Law of the Azerbaijan Republic "About public service" and regulates questions of preserving as reserve personnel and appointment to vacant positions of persons which public service is stopped in connection with liquidation of state body or reducing number of government employees or staff reductions.

2. Persons whose public service is stopped in connection with liquidation of state body based on own consent, shall be appointed to similar vacant post in the new state body created based on the liquidated state body (to the position corresponding to holding the post conditions on which person served earlier). The head of state body within 10 working days from the date of approval of provision of new state body and the staff list shall appoint these persons to similar vacant post and inform on it the State examination center (further - the Center).

3. If the number of states in the new state body created based on the liquidated state body does not allow to designate these persons to the corresponding positions, persons having the greatest professionalism and managerial experience first of all are appointed to similar vacant post. In case of equal qualification and managerial experience of persons which public service is stopped in connection with liquidation of state body preference is given to the following persons:

3.1. to members of the family of shekhid;

3.2. to participants of war;

3.3. having years of service of public service of 10 years and more;

3.4. to wives (husbands) of soldiers and officers;

3.5. having dependent on two and more children aged up to 16 years.

4. Persons who are not appointed to similar vacancies within 2 years remain as personnel reserve in the new state body created based on the liquidated state body and is reported about it to the Center. In case of similar vacant position in the relevant state body these persons within 10 working days, based on part 2 presents of the Procedure, shall be appointed to similar vacant post what the Center shall be informed on.

5. If based on the liquidated state body the new state body is not created, persons whose public service is stopped in connection with liquidation of state body, within 2 years remain in the Center as personnel reserve. In case of emergence in state bodies of similar vacant position the Commission within 5 working days, based on their own consent represents these persons to the head of the relevant state body for position assignment. Persons provided to the head of the relevant state body within 10 working days, based on part 2 presents of the Procedure, shall be appointed to similar vacant post and shall be reported about it to the Center.

6. In case of liquidation of state body or its departments and their creation as a part of other state bodies according to the procedure of reorganization, persons who were earlier serving in this body or its divisions shall be appointed to similar vacant post within the number of the states which are taken away in the relevant state bodies. Appointment to similar vacant position of persons whose public service is stopped in connection with reorganization of state body or its divisions as a part of other state bodies is carried out according to part 2 presents of the Procedure and the Center is informed on it.

7. When reducing number or staff of government employees first of all workers with higher qualification and managerial experience remain at work. In case of equal qualification and managerial experience of persons preference is given to persons specified regarding the 3rd present of the Procedure.

8. Persons whose public service is stopped in connection with reducing number or staff of government employees within 2 years remain as personnel reserve of this state body and the Center is informed on it. In case of similar vacant position in the relevant state body these persons within 10 working days, based on part 2 presents of the Procedure, shall be appointed to position, and the Center shall be informed on it.

9. In case of appointment to similar position of face included in the list of reserve personnel in connection with liquidation of state body, reducing number or the staff of government employees accepted on public service as the trainee or with probation period former years of service and probation period are considered. The stay period in the list of reserve personnel is not considered in case of calculation of service length of the government employee in public service.

10. If the faces included in the list of reserve personnel in communication by liquidation of state body, reducing number or staff of government employees (except for persons accepted on public service with internship or probation period), apply for higher position, than that which they occupied earlier (except for similar position), established by the Law of the Azerbaijan Republic "About public service", competition is held.

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