On June 04, 2016 the RA Government decree N493-Ն entered into force which regulates the terms and conditions of providing or rejecting work permit for foreign employees, the terms and measurements of expanse compensation by the Employer in case the foreigner is not provided with the corresponding job, list of necessary documents for providing the Employer a work permit for a foreigner, list of specializations which allows the foreigner with high qualification to work in the RA without any work permit
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.
According to this Decree, the Employer aiming to hire a foreigner, must present the existing job description to the authorized body personally or via post. During 5 working days after getting the information about the vacancy from the Employer, the authorized body implements it in the database of employment and performs data combination, and in case there are incumbents in the database with corresponding qualification, they are addressed to this Employer.
In case there is not a person with the specific qualifications as required by the employer, as well as in case the employer thinks the incumbent does not meet his requirements, the employer personally or via post presents an application to the authorized body to get work permit of a certain period of time for a certain foreign employee according to the defined form, the foreigner’s passport, documents assuring his vocational education and qualification approved with apostil or consular certification, one colorful photo of 3x4 size and receipt of the payment of state duty of the amount of 25 000 AMD.
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. In this way the Employer has the possibility to update the presented documents and/or improve the existing inaccuracies.
The Minister of Social and labour issues or his authorized person makes a decision about giving or rejecting work permit with a certain term to the Employer who has selected a certain foreign employee for a certain job vacancy.
The provision of work permit can be 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
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 is made by the Ministry.
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 by e-mail) for the registration.
In case the employer does not provide the foreign employee with the work mentioned in the work 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 have been regulated as well. These costs are covered by the Employer.
The Employers must also take into account the fact that if he does not sign an employment contract with the foreign employee during one month after receiving the work permit and does not provide with the work as mentioned in the work permit, in this case the Employer must cover the following costs, with mentioned measures for each person, to the foreign employee and his family, who were allowed to accompany or joint him
1) living costs – 110 000 AMD for two months;
2) transportation costs for personal property – 220 000 AMD one-time;
3) Return expanses to their home-time or to the place from where they arrived to RA by the means of transport as defined by the foreigner and with possible low costs of that period.
It’s worth mentioning that be defining the conditions of work permission, at the same time has defined that the following people can work in the RA without any work permission:
1) People having permanent and special residence status of RA, or people having temporary residence status of the RA on the base of being close relative of the citizen of RA or foreigner with permanent residence status of RA (parent, sibling, spouse, child, grandmother, grandfather, grandchild)
2) People having temporary residence permit on the basis of marital status with an Armenian citizen or with a foreigner legally residing in the RA with a period not exceeding the residence permit term.
3) Family members of Diplomatic representations and consular offices accredited in the Republic of Armenia, international organizations and their representative offices on the basis of reciprocity
4) Workers in frontier regions, as well as people with cultural and sport specialization who come to the RA for a short term
5) The founders, managers or authorized representatives of trade organizations with foreign capital.
6) Employees from foreign commercial organizations aiming to work in the representative offices located in the RA
7) Foreign specialists who arrive vor no more than 6 months, to conduct trainings on installation, repairing or exploitation for employees of companies, who have acquired machines, instruments or equipments from foreign companies or for employees of branches or representations of foreign companies, where such machines, instruments and equipments have been delivered.
8) Specialists or other persons coming to the RA on the base of international contracts
9) Professors invited from foreign educational institutions to deliver lectures in the RA educational institutions
10) accredited representatives of foreign organizations who perform media activities
11) foreigners with refugee status, political asylum in RA and those without any citizenship, the period of the the residence permit of which is not exceeded.
12) students working within the framework of work exchange during the vocations based on relevant international agreements
The list of specializations with which the foreigners can work in the RA without a work permit have been defined by this Decree.
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.