Under what conditions can stateless persons work in Azerbaijan?

In accordance with the Constitution of the Republic of Azerbaijan, foreigners and stateless persons may use all rights and perform all duties together with citizens of the Republic of Azerbaijan while in the Republic of Azerbaijan, unless otherwise provided by law or an international agreement signed by the Republic of Azerbaijan is a party. Employers must obtain a work permit for every foreigner and stateless person they wish involve to employ.

A work permit is issued to a foreign citizen to work in a specific field, while a foreign worker with a work permit can only work in one enterprise. A work permit is issued for a period of 1 year and may be extended for a period not exceeding 1 year at a time. According to Article 578.1 of the Code of Administrative Offenses, for involving foreigners or stateless persons in labor activity by violating requirements of Migration Code of the Republic of Azerbaijan without obtaining work permit officials are imposed a fine in the amount from three thousand up to four thousand manats and juridical persons are imposed a fine in the amount from fifteen thousand up to twenty thousand manats. In case labor contract between employer and foreigner or stateless person prematurely terminated and employer didn’t inform the relevant executive authority within 5 working days officials are imposed a fine in the amount of three hundred manats. In case data in identity documents of foreigners and stateless persons, or title of a juridical person he/she is employed by is changed, or work permit is lost. In case of early termination of the employment contract and there are no other grounds for the migrant worker to stay in the Republic of Azerbaijan, he must leave the territory of the Republic of Azerbaijan within 10 working days. Other issues related to the labor activity of migrant workers not provided for in the Migration Code shall be regulated by the Labor Code of the Republic of Azerbaijan.

The following foreigners and stateless persons are not required to obtain a work permit:

1. In case they are permanent residence permit in the territory of the Azerbaijan Republic;
2. In case they engage in entrepreneurship activity in the Republic of Azerbaijan;
3. In case they are employees of diplomatic missions and consulates;
4. In case they are working in international organizations;
5. In case they hold position heads of organizations established on the basis of international agreements and their deputies;
6. In case they are recruited by the relevant executive authorities;
7. In case they are military servicemen and experts invited to serve or work for the Armed Forces of the Republic of Azerbaijan and other armed units, established according to the legislation of the Republic of Azerbaijan;
8. In case they are an accredited employee of the mass media in the Republic of Azerbaijan;
9. In case they are on a business trip in the Republic of Azerbaijan for a period not exceeding 90 days per year in the areas of activity determined by the relevant executive authority;
10. In case they hold positions of head or deputy head of juridical person established in the Republic of Azerbaijan, the founder or at least one of the founders of which is a foreign juridical or physical person;
11. In case they are seamen;
12. In case they are the faculty and lecturers invited to give lecture courses in higher education institutions;
13. In case they are art workers, coaches and athletes invited to work in sports clubs registered with the relevant executive authority;
14. In case they engage in professional religious activities in state-registered religious organizations;
15. In case they are heads of branches and representative offices of a foreign legal entity in the Republic of Azerbaijan and their deputies;
16. In case they hold positions of head or deputy head of juridical person established in the Republic of Azerbaijan, the founder or at least one of the founders of which is a foreign juridical or physical person;
17. In case they are in close relationship with a citizen of the Republic of Azerbaijan;
18. In case they applied for refugee status, received refugee status or been granted political asylum;
19. In case they considered to be victims of human trafficking or assisting criminal prosecution bodies;
20. In case citizens of the Republic of Azerbaijan under the age of 18 or with a 1st degree disability;
21. In case they involved in labor activity in cases determined by the relevant executive authority.

Aytaj Gurbanova

Labor Relations Specialists