AZERBAIJAN Law and Practice Contributed by: Farid Nabili, Pari Gasimli and Sona Abdullayeva, Caspian Legal Center
To obtain a work permit, the employer must submit the following documents: • application form; • a copy of the passport or other border-crossing document of the foreigner; • a notarised copy of the document confirming that the foreigner has the qualifications required to per - form the intended work; • a certificate justifying the necessity of involving the foreigner for the intended workplace; • relating to the employer: (a) in the case of a legal entity – notarised copies of the charter of the legal entity and the certifi - cate of state registration; or (b) in the case of an individual – notarised copies of the document confirming the identity of the individual and the certificate of taxpayer regis - tration issued to the individual; and • a certificate stating that the foreigner is not a car - rier of a disease/virus. A work permit is issued for a period of one year, and if it is intended to conclude an employment contract for a period of less than one year, then for the same period. The term of the work permit may be extended for no more than one year each time. The exception is in relation to those involved in labour activities in the liberated territories of Azerbaijan: the term of the work permit may be extended for no more than two years each time. In order to extend the term of the work per - mit, the employer must apply to the State Migration Service with an application at least 30 days before the expiration of the work permit. If the employer fails to pay the state fee for obtaining a work permit within 30 days, as well as if foreigners are refused permission to temporarily reside in Azerbaijan, the State Migration Service cancels the work permit.
The initial initiative in the field of including the concept of remote work in the legislation is the Action Plan pro - vided for in the “State Program for the Implementation of the National Strategy for the Development of the Information Society in the Republic of Azerbaijan for 2016–2020”. According to that programme, the Min - istry of Labor and Social Protection of the Population and the Ministry of Transport, Communications and High Technologies were entrusted with studying world experience in remote work and preparing proposals on its application mechanisms. In a news release dat - ed 2019, it was noted that the concepts of “Remote work – a form of performing labor functions at home using electronic, software and technical means” and “Telework – a form of performing labor functions at home using telecommunications means” would be included in the Labour Code. The following year, during the expansive spread of the COVID-19 pandemic, in accordance with the deci - sions adopted by the Cabinet of Ministers, employers were obliged to ensure that employees who were not involved in work worked at home, as well as in the form of remote work or telework, whenever possible. At the beginning of 2022, the Ministry stated the need to adapt the legislation in this area to the requirements of the modern labour market. They also noted that they were working on a draft law on amendments to the Labour Code in this regard and that other articles of the Labour Code would be amended in accordance with the new concepts to be included. Even though there is still no concrete legal norm regarding these issues, companies grant and organ - ise such work regimes in a manner that they consider appropriate. In practice, they will incorporate provi - sions concerning mobile work into their employment contracts through mutual agreement with an employ - ee. 5.2 Sabbaticals The requirements for unpaid leaves are the most simi - lar notion. As mentioned in 1.5 Other Employment Terms , an employee has the right to use unpaid leave in cases where it is necessary to leave work due to the fulfilment of family, household and other social issues, to study, to engage in creative scientific work, as well as due to age or physiological conditions.
5. New Work 5.1 Mobile Work
Telework or mobile work is not regulated in Azerbaijan. However, there is ongoing work over the regulation of these regimes.
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