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State Migration Service held an event on raising awareness of employers
The event with the participation of 240 representatives of more than 200 employers was dedicated to raising awareness of employers about indicating professions of labor migrants in accordance with Employment Classification while giving forecast on demand for foreign labor force for the next year according to “Rule on determination of labor migration quota”.
First of all, chief of Migration processes regulation head department, senior migration service counselor Ismayil Abdullayev gave information to participants on new “Rule on determination of labor migration quota” approved by the decision of Cabinet of Ministers №124 dated on March 14, 2016.
Explanatory talk was held on novelties in the Rule approved by taking into account the situation of domestic labor market, demand for manpower, existence of vacancies which are not applied by the citizens of the Republic of Azerbaijan with professional skills and qualifications relevant for requirements of the job, ability of employment service bodies to meet requirements of employers for manpower at the cost of local labor resources, as well as necessity of attracting highly qualified foreign specialists. It was noted that according to new document unlike previous Rule employers have to submit forecasted information about their requirements to foreign manpower by indicating professions in accordance with Employment Classification until May 1 of every year in order to determine requirements of employers for foreign manpower. Determination of professions by Employment Classification is a single source.
It was brought into attention that foreigners and stateless persons obtain a work permit through juridical persons, physical persons engaging in entrepreneurship activity without establishing juridical person, and branches and representations of foreign juridical persons employing them and can only engage in paid labor activity in the Republic of Azerbaijan after obtaining work permit by employers for them.
Aforementioned employers should employ foreigners and stateless persons only in their own workplace and should conclude a labor contract in compliance with validity period of the work permit. Concluding labor contract with foreigners without obtaining work permit is not allowed.
Later representative of the State Statistical Committee Lala Salamzada, who was invited to the event, spoke about content of Employment Classification which was drafted in compliance with international standards. Skills and professions indicated in the Classification, their encoding and other urgent issues were explained to participants.
At the interactive event competent employee of Analysis of migration processes and information support head department of the Service, II rank migration service employee Zafar Shamilov emphasized that placing the forecasted information on the official webpage of the State Migration Service about the requirements to foreign manpower determined by the Rule and reception in an online form is one of the novelties. He explained how to fill the blank, as well.
Chief of the Migration policy and legal support head department of SMS, senior migration service counselor Vahid Gahramanov gave information about norms on implementation of the state policy in the sphere of migration in our republic, regulation of migration processes and relations arising in this field, as well as legal status of foreigners and stateless persons in the Republic of Azerbaijan. He stressed the measures taken towards improvement of legal acts regulating relations in the field of migration in our country. He mentioned that relevant procedures are facilitated in the fields regulated by Migration Code which entered into force from August 1, 2013 and number of concessions has been considered for foreigners and stateless persons. Thus, previous legislation did not allow foreigners to extend period of their temporary residence permit, as well as work permit in order to carry out paid labor activity in our country more than four times, but this restriction has been abolished with current legislation. The number of cases where work permit is not required has been increased, as well. One of these cases is engagement of foreigners and stateless persons to entrepreneurship activity on the territory of the Republic of Azerbaijan.
Besides, according to amendments made to the “Law of the Republic of Azerbaijan on State fee” the amount of state fee for foreigners and stateless persons in order to be engaged in paid labor activity and to extend its period in the Republic of Azerbaijan has been decreased and determined 350 manats up to 3 months, 600 manats up to 6 months and 1000 manats up to 1 year period. Until the amendments made to abovementioned law the amount of state fee regardless the validity period of work permit was determined 1000 manats.
At the event it was also noted that according to Migration Code foreigners and stateless persons can obtain temporary residence on the territory of the Republic of Azerbaijan if they engage in entrepreneurship activity in the Republic of Azerbaijan. This case is only considered as a ground for issuance of a permit for temporary residence on the territory of the Republic of Azerbaijan, when those persons work actually by concluding labor contract with at least 5 persons on full time employment or 10 persons on part-time employment. In this case, at least 80 percent of the workers are required to be the citizens of the Republic of Azerbaijan.
Appellate Council of the State Migration Service and its Secretariat was established and their staff was approved with order of the chief of State Migration Service for provision of transparency and flexibility in the field of processing complaints of physical and legal persons engaged in entrepreneurial activity, protection of rights and legally protected interests of people in this field and in order to ensure implementation of Decree No. 762 of the President of the Republic of Azerbaijan on “Creation of Appellate Council under central and executive bodies of the Republic of Azerbaijan” dated from February 3, 2016.
Already, First meeting of the Appellate Council has been held. At the meeting comprehensive opinion exchange was held on organizational issues, ensuring efficiency of the activity of Appellate Council and its Secretariat, provision of efficiency on processing entrepreneurs’ applications and tasks set forth were discussed.
Later chief of Migration control head department, senior migration service counselor Rovshan Safarov gave information to participants on measures taken against illegal migration and gained results.
It was stated that, according to new Article 578 of the Administrative Offences Code which has entered into force from March 1 of this year, employers bear responsibility for involving foreigners and stateless persons to labor activity by infringing the requirements of Migration Code, as well as employing them outside of their workplace.
At the meeting it was also noted that provision of domestic labor force in the big projects implemented today in our country is one of the main priorities. As the President of the Azerbaijan said first of all citizen of the country should benefit from its development.
As an implementation of this policy State Migration Service gave contribution from this point to the implementation of nationalization program in the energy, oil and gas projects. According to provisions indicated in “Contract of the Century” all the operating, contracting and sub-contracting companies in the country’s oil-gas field have concluded their nationalization programs and nationalization program for the years 2014-2018 has been approved. According to provisions of that program 95 percent of the employees, including specialist trainings in the energy sector should consist of citizens of the Republic of Azerbaijan in the year 2018.
At the event many questions interested by participants were answered.
Participants expressed their gratitude for organization of the event, detailed information and awareness raising.
As a result of the meeting it was decided that all the aforementioned are serving to ensure satisfaction of employers in the Republic of Azerbaijan, improve entrepreneurship condition, attract foreign investment to country, as well as create suitable condition for establishment of new workplaces, stimulate successful activity of foreign entrepreneurs operating in these directions in compliance with the requirements of country’s migration legislation.
