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The Employment of Foreigners in RA


RA Government decree N493-Ն which regulates the terms of providing work permit for foreign employees entered into force since June 04, 2016.

This decree was long-awaited as the law about Foreigners entered into force in February 03, 2007. The work specifications for foreign employees in RA were defined by this law, but they did not act as the Government decree which was to regulate this field was not adopted and there was no authorized body who would be engaged in the issues related to work permit for foreign employees in RA in the field of employment and occupation.

With this Decree the Ministry of Social and labour issues of RA has been appointed as the authorized body, which receives the defined documents from the employers and provides work permit to foreigners due to the new decree of the Government of RA.

In case the employer does not provide the foreign employee with the job mentioned in the job permission, provide that the employer legally entered the territory of the Republic of Armenia, the employee will bear liability to cover the expenses of the employee, as well as his family members allowed to join him, related to round trip traveling, accommodation, transportation of personal items in amount fixed in accordance with the decree.

It’s worth mentioning that by defining the term of providing work permit to foreigners the Law has also defined exceptions of working in RA without work permit, and the decree has defined list of specializations which allow the foreign employees with high qualifications to work in RA without work permit.

The employers must be well informed about the fact that in case the employer hires a foreigner without residence or work permit, it will cause a penalty by the amount from 100-fold to 150-fold of the minimal salary, which equals to 100 000 – 150 000 AMD.

This sanction was defined but did not act before the Government decree defined the term of the permission and the authorized body who would provide work permit.

By this link you can see the RA Government decree N493-Ն ( in Armenian) which entered into force in 12.05.2016.

 

The terms and conditions of providing and rejecting of the permission to the employer to hire a foreign employee.

 

  1. This term regulates the relations related to providing or rejecting of permission to the employee to hire a foreign employee.
  2. The employer sends a letter to the Ministry of Social and Labour issues of RA (hereinafter Ministry) personally or via post in order to fill the vacancy by an Armenian citizen by presenting the description of the vacancy according to the N1 form.
  1. After getting the information presented about the vacancy as prescribed by the 2nd point of this Term by the employer within 5 working days and according to the procedure prescribed by the RA legislation, the Ministry should:

1)    Enters it in the database of employment;

2)    Performs data combination and in case there are such people who seek to find a job like this, they are assigned to meet the employer (by their agreement)

 

  1. In case there is not a person with the specific qualifications as required by the employer, or the employer thinks the incumbent does not meet his requirements, during 5 working days after the term of the 3rd point of this regulation the employer sends the documents listed in the 3rd appendix of this Decree in order to get work permit of a certain period of time for a certain foreign employee.

 

  1. In case the set of documents for providing work permit are not complete and/or are provided with drawbacks the Ministry informs the employer about this with a formal letter during one working day.
  1. If the employer completes the missing documents for work permit and/or improves the drawbacks and hands over the documents to the Ministry within 3 working days after getting the notice from the Ministry, in this case the date of the presentation of documents is considered the date the documents were handed over the Ministry for the first time. In case the date specified in this point is not kept correctly, the date of presentation of documents is considered to be the moment when the document package was updated with correct ones.

 

 

  1. The Minister or his authorized person makes a decision about giving or rejecting to give work permit to a certain foreigner for a certain work position during five working days after the day of presenting all necessary documents for the provision of work permit.
  1. The work permit is provided to the foreigner according to the form N2, which is considered to be special registration document.
  2. The provision of work permit is rejected if:

1)    the condition of the RA market does not allow this work on the basis of the latter’s analysis;

2)    a RA citizen is required to perform the defined duties

3)    required information or documents are falsified;

4)    the Employer with whom the foreigner must work has previously violated the requirements of hiring foreign employees;

5)    there are reasons threatening the security of the RA

 

     10. According to the form N 3, information about provision or rejection of work permit, work permit revocation and termination of the action of            work permit to a foreign employee is registered in the registration book of provision or rejection of work permit, work permit revocation and             termination of the action of work permit. 

     11. The work permit or the written notice about rejection of work permit is sent to the Employer via post or personally within three working                  days after the decision provided by the 7th point of this regulation is made by the Ministry.

     12. The written notice about the work permit rejection must conclude the basis of the rejection defined by the 9th point of this regulation. 

     14. During three working days after getting information about the provision of work permit the Employer informs the foreigner about it via                  post, e-mail or personally gives the work permit to the foreigner. With the next step the foreigner must present the necessary documents              defined by the N134-Ն Decree of RA Government, dated February 7, 2008 to the Police of RA  in order to get temporary residence permit              on the basis of the work permit.

    15. In case the documnent confirming the person’s work permit was lost or is unfit, the Employer asks the Ministry to provide the dublicate of             the work permit within three working days.

    16. The dublicate of the work permit is provided to the Employer by the terms defined in the initial document during 5 working days after the             application by mentioning “Dublicate” and putting the seal of the Ministry on the right of the top of the work permit.

    17. The work permit is considered to be revoked and it is terminated in cases defined by the terms and conditions of the 28th article of the RA             law on “Foreigners”.

    18. In case the functions of the Employer have been terminated the foreign employee can sign another employment contract (contract of                     provision of services) (hereinafter Employment Contract) with another Employer if his work permit is not over yet and there are at least 3               months before its end and the new Employer has the agreement from the Ministry to hire the foreigner. By the way the new Employer gets           the agreementto hire the foreign employee within three working days after his notice.

   19. Within 5 working days after signing an employment contract with the foreigner the Employer sends a copy of the contract to the Ministry              (personally, via post or e-mail)  for the registration according to the Form N4.

   20. The Ministry publishes the information about the employment contract and its changes presented by the Employer (name of the Employer,            date/month/year of the signature of the employment contract, the validity of the employment contract, the name of the position the                      foreigner is to work at) on its web-site www.mlsa.am within three working days after getting the information.

   21. If the employment contract is terminated before the end of its term, the Employer informs the Ministry about the termination during three            working days after the date of the termination.

 

If the foreign employee wants to get clarification concerning the compliance of employment relationship between the Employer and the foreign employee before his arrival in the RA, the Ministry provides free professional consultation by mail communication or by electronic version.