AZERBAIJAN Law and Practice Contributed by: Farid Nabili, Pari Gasimli and Sona Abdullayeva, Caspian Legal Center
general use with their consent. The name, surname and patronymic of an employee are considered open personal data. Confidentiality of such data is not required. • Confidential personal data transfers to state bod - ies or local self-government authorities – This occurs when the transfer relates to the authorities’ assigned functions and duties. This framework requires that information systems handling such data comply with legislative requirements, ensuring appropriate security. • Emergency situations – This comprises cases in which data transfer is necessary to protect life and health, but only when obtaining consent cannot be delayed. This humanitarian exception recognises that urgent medical or safety situations may not permit the normal consent process. International transfers of tax and financial informa - tion under treaty-based arrangements cover financial operations data of foreign legal and natural persons operating in Azerbaijan, based on international agree - ments ratified by Azerbaijan. Such information can be transferred either directly or through competent executive authorities. 4. Foreign Workers 4.1 Limitations on Foreign Workers The regulatory framework for foreign employees in Azerbaijan can be divided into two groups. Foreigners Requiring Work Permits Generally, every able-bodied foreigner who has reached the age of 18 can work in Azerbaijan after obtaining a work permit. A work permit is an official document that allows foreigners to engage in paid labour activity in Azerbaijan. The issuance of this is carried out within the framework of the labour migra - tion quota approved by the Cabinet of Ministers of the Republic of Azerbaijan. The labour migration quota is the maximum number of foreigners who are allowed to engage in paid labour activity in the territory of Azer - baijan during a calendar year.
The legislation establishes seven specific circum - stances under which work permit applications must be denied: • if the necessary documents are not submitted; • if the submitted documents are forged, contain inaccurate or distorted information; • if the employer’s demand for labour can be met from local labour resources; • if the foreigner to be employed is not 18 years old; • if the labour migration quota is full; • if the foreigner is a carrier of infectious diseases; and • when a foreigner does not have the qualifications or work experience required to perform the work to which they are assigned. Foreigners Exempt From Work Permit Requirements Legislation provides an extensive list of persons in this regard, including those who have a permanent resi - dence permit in Azerbaijan; those engaged in entre - preneurial activity in Azerbaijan; and those working in diplomatic missions and consulates, in international organisations, etc. The Cabinet of Ministers retains the authority to imple - ment targeted restrictions on foreign labour migration in specific sectors or industries, taking into account the needs of the domestic labour market. Overall, foreigners enjoy all labour rights on an equal basis with citizens of Azerbaijan and shall bear the duties corresponding to these rights. With the excep - tion of cases stipulated by law, it is prohibited to restrict the labour rights of foreigners or to establish more favourable rights for them. 4.2 Registration Requirements for Foreign Workers Legal entities, individuals engaged in entrepreneurial activities without forming a legal entity, and branch - es and representative offices of foreign legal enti - ties obtain work permits for foreigners. Applications received for a work permit are considered within the period specified in the Law “On State Duty” in accord - ance with the amount of state duty paid.
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