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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of December 6, 2000 No. 214

About approval of Rules of issue of personal permission to implementation by the foreigner of paid labor activity in the territory of the Azerbaijan Republic and sample of this personal permission

1. Approve "Rules of issue of personal permission to implementation by the foreigner of paid labor activity in the territory of the Azerbaijan Republic and the sample of this personal permission" (is applied).

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

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of December 6, 2000 No. 214

Rules of issue of personal permission to implementation by the foreigner of paid labor activity in the territory of the Azerbaijan Republic

1. General provisions

1.1. These rules are developed on the basis of the Presidential decree of the Azerbaijan Republic of January 15, 2000 No. 250 "About application of the Law of the Azerbaijan Republic "About labor migration" and determine rules of issue to foreigners and stateless persons (further - the foreigner) personal permission to implementation of paid labor activity in the territory of the Azerbaijan Republic (daleepersonalny permission).

1.2. The foreigner who arrived to the territory of the Azerbaijan Republic for the purpose of implementation of personal labor activity can work at the territory of the Azerbaijan Republic only in the presence of the personal permission issued on his name.

Personal permission is the official document permitting to the foreigner to be engaged in labor activity in the Azerbaijan Republic.

1.3. Employment contracts are signed with foreigners for the term corresponding to the term of personal permission. The employer cannot translate the foreigner who got personal permission to work to other employer.

1.4 Individual permissions are issued to foreigners by the Public migratory service of the Azerbaijan Republic based on the conclusion of the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic.

1.5. The following involved foreigners do not need receipt of personal permission:

constantly living in the territory of the Azerbaijan Republic;

engaged in business activity;

to leading employees of the organizations created based on international treaties;

working in diplomatic representations and consulates;

working in the international organizations;

being in business trip no more than three months;

the involved relevant organ of the executive authority;

engaged in religious activities in the religious organizations and societies which underwent state registration;

to the accredited staff of mass media;

to seamen;

to athletes and workers of art

to the faculty invited for maintaining lecture rates in higher educational institutions, to the lecturers and experts conducting research work;

attracted to positions of heads and deputy managers of foreign legal entities, branches and representations of the foreign legal entities acting in the Azerbaijan Republic.

1.6. The information about the foreigners who got personal permission to implementation of labor activity in the Azerbaijan Republic arrives in the Single migratory information system.

2. Procedure for issue of personal permission

2.1. For receipt of personal permission the employer shall provide the following documents in the Public migratory service of the Azerbaijan Republic:

2.1.1. statement.

The following shall be reflected in the statement:

for legal entities - the name of the legal entity, its form of business, legal address;

for physical persons - name, middle name, surname, these identity certificates (series, number when also by whom it is issued, the address);

name, middle name, surname of the foreigner, his nationality, the address of the permanent residence, date and the country of the birth, floor, specialty, data on labor activity for the last five years, position at which it will work, and the address of place of employment.

2.1.3. notarially certified copy of the document, confirmatory that the foreign worker has the specialty required for accomplishment of the provided work;

2.1.4. the reference motivating need of involvement of the foreign worker on each provided workplace;

2.1.5. the copy of the document granting the right to stay in the territory of the Azerbaijan Republic the foreigner who is in the territory of the Azerbaijan Republic on other bases.

2.1.6. If the employer is:

The legal entity - the copies of the charter of the legal entity and the certificate on its state registration certified in notarial procedure;

Physical person - the copies of the identity document of physical person, and the certificate on registration of the taxpayer granted to physical person certified in notarial procedure;

2.1.7. the medical certificate about health of the foreigner, including that he is not the carrier of infectious diseases which list is approved by the Cabinet of Ministers of the Azerbaijan Republic;

2.1.8. copy of the identity document of the foreigner.

2.2. The addresses which arrived in connection with issue of individual permission are considered within 20 (twenty) working days. The public migratory service of the Azerbaijan Republic by means of single migratory information system sends data on the documents specified in subitems 2.1 to the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic. 3, 2.1.4, 2.1.6 and 2.1.8 of these rules, for receipt of the conclusion.

The Ministry of Labour and Social Protection of the population of the Azerbaijan Republic within 5 (five) working days considers the arrived data, by means of single migratory information system sends to the Public migratory service of the Azerbaijan Republic the conclusion about possibility of satisfaction of requirement of the employer for labor power at the expense of local manpower reserves. Not representation of the population of the Azerbaijan Republic by the Ministry of Labour and Social Protection of the conclusion within 5 (five) working days is understood as lack of objection on issue of the individual decision. The relevant decision about issue of individual permission or about refusal of issue is accepted by the Public migratory service of the Azerbaijan Republic. In case of decision making about issue of individual permission by the Public migratory service of the Azerbaijan Republic filling in accordance with the established procedure of individual permission and provision is provided to his employer.

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