GOVERNMENT OF THE REPUBLIC OF ARMENIA DECREE. No 493-N of 12 May 2016

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1 GOVERNMENT OF THE REPUBLIC OF ARMENIA DECREE No 493-N of 12 May 2016 ON ESTABLISHING THE PROCEDURE AND TIMEFRAME OF GRANTING AND DENYING A LABOR PERMIT TO THE EMPLOYER FOR A FOREIGN EMPLOYEE, THE PROCEDURE AND AMOUNT OF EXPENSES REIMBURSED BY THE EMPLOYER IN CASE OF FAILURE TO PROVIDE THE FOREIGN EMPLOYEE WITH SUITABLE WORK, THE LIST OF THE DOCUMENTS REQUIRED FOR GRANTING THE EMPLOYER A LABOR PERMIT FOR THE FOREIGN EMPLOYEE, AND THE LIST OF THE PROFESSIONS GIVING HIGHLY QUALIFIED FOREIGN SPECIALISTS THE RIGHT TO WORK IN THE REPUBLIC OF ARMENIA WITHOUT A LABOR PERMIT In accordance with part 3 of Article 22, point (o) of part 1 of article 23, part 1 of article 24, and part 1 of article 29 of Law of Republic of Armenia On foreign nationals, Government of Republic of Armenia hereby decides: 1. To establish: (1) The procedure and timeframe of granting and denying a to for a foreign employee in accordance with Annex 1; (2) The procedure and amount of expenses reimbursed by in case of failure to provide employee with suitable work in accordance with Annex 2; (3) The list of documents required for granting a for employee in accordance with Annex 3; (4) The list of professions giving highly qualified foreign specialists right to work in Republic of Armenia without a in accordance with Annex This Decree shall enter into force on tenth day following its official promulgation. Prime Minister of Republic of Armenia H. Abrahamyan 18 May 2016 Yerevan Annex 1 To Decree of RA Government No 493-N of 12 May 2016 THE PROCEDURE AND TIMEFRAME OF GRANTING AND DENYING A LABOR PERMIT TO THE EMPLOYER FOR A FOREIGN EMPLOYEE 1. This procedure regulates relations with regards to granting and denying a to for a foreign employee. 2. In order to fill a vacancy with a citizen of Republic of Armenia, shall apply to Ministry of Labor and Social Affairs of Republic of Armenia (hereinafter referred to as Ministry) eir in person or by post (by registered letter), submitting a job description for vacancy in accordance with template Within 5 working days after receiving information about vacancy from in manner prescribed by point 2 of this Procedure, Minister shall, in manner prescribed by laws of Republic of Armenia: (1) Input information in employment database; 1

2 (2) Carry out data comparison and in case of finding job seekers with appropriate qualifications for vacancy, refer m to with ir consent. 4. In case of absence of a candidate meeting requirements of or turning down proposed candidate, shall, within five working days after deadline set forth by point 3 of this procedure, in person or by post (by registered letter), submit to Ministry documents included in list set forth in Annex 3 of this Decree, to obtain for a specific foreign national for a specific work for a certain period of time. 5. In cases where documents stipulated for obtaining a are incomplete of faulty, Ministry shall inform in writing within one working day. 6. If, within three working days after receiving notification from Ministry, completes documents included in list and/or eliminates faults and submits m to Ministry, day of submission shall be considered day when documents were first submitted to Ministry. In case of failure to adhere to deadlines set forth by this point, day of submission shall be considered day when documents were completed. 7. The Minister or official thus authorized by Ministry shall, within five working days after submitting documents required for obtaining a, make a decision on granting or denying a to for specific foreign employee proposed by for a specific timeframe. 8. The is granted in accordance with template 2 which is considered a special registration document. 9. A shall be denied if: (1) An analysis of market of Republic of Armenia reveals that situation in market does not allow for this work; (2) According to laws of Republic of Armenia, citizenship of Republic of Armenia is required in order to perform that specific work; (3) The required information or documents are forged; (4) The who wants to employ national has previously violated requirements for employing foreign nationals; (5) There are reasons jeopardizing state security of Republic of Armenia. 10. The information about granting, denying, repealing or suspending a is included in register for information about granting, denying, repealing or suspending a managed by Ministry in accordance with template Within three working days after making a decision in accordance with point 7 of this Procedure, Ministry shall send or a written notification about denying to by post (by registered letter) or hand it to in person. 12. The written notification about denying shall contain appropriate grounds for denying as provided for by point 9 of this Procedure. 13. Within three working days after receiving information about granting a, shall inform national in person or by post or by , with a view to arriving in Armenia and submitting documents provided for by Decree N 134-N of 7 February 2008 of Government of Republic of Armenia to Police of Republic of Armenia adjunct to Government of Republic of Armenia, in order to request a temporary residence status on basis of. 14. In cases where has been lost or has become unfit for use, shall apply to Ministry within three working days in order to receive a copy of. 15. The copy of shall be issued to within five working days after application, for time period stipulated by initial document; copy of shall have word Copy on upper right-hand corner, with seal of Ministry. 16. The shall be repealed and suspended in cases and in manner prescribed by Article 28 of law of Republic of Armenia On foreign nationals. 17. In cases where has suspended its activity, employee can sign a new agreement (service contract) (hereinafter referred to as agreement) with anor for remaining period of, on condition that remaining period is no 2

3 less than three months, and that new has received consent of Ministry; furrmore, Ministry shall give consent to new within three working days after has applied to Ministry. 18. Within five working days after signing a agreement with national, shall submit a copy of agreement to Ministry in accordance with template 4, in person, by post or by The information in agreement submitted by and amendments reto (name of, date of signing agreement, duration of agreement, position of national) shall be uploaded on website of Ministry ( within three working days after receipt. 20. If agreement is terminated before end of its term, shall, within three working days after termination, inform Ministry about termination of agreement in writing. 21. Before arrival of national in Armenia, upon national s request, Ministry shall, by post or , provide free professional consultation and clarifications about conformity of grounds for origins of relations between national and with requirements of legislation of Republic of Armenia. Chief of Staff of Government of Template 1 NN Name of offered job and/or position Start and end dates of agreement (day, year) Job Labor Salary functions hours JOB DESCRIPTION Place of work Qualification requirements posed by Working (including professional) experience requirements posed by Or working conditions* *Note: Or working conditions are: compensation for rent, transport, utilities, health expenses, educational expenditures, insurance, extended annual leave, additional annual leave, higher than average premium for overtime, higher than average premium for night shifts, higher than average premium for work under arduous and harmful conditions, higher than average premium for work under especially arduous and harmful conditions, higher than double pay rate for work on weekends and non-working days, professional education or training of employee by or at expense of, absence or presence of arduous or harmful conditions, absence or presence of especially arduous or harmful conditions. REPUBLIC OF ARMENIA MINISTRY OF LABOR AND SOCIAL ISSUES LABOR PERMIT N Template 2 Name of Address First name and last name of employee Passport series and number of national Name of vacancy to be occupied by national

4 Date of issuing (day, year) The is valid until (day, year) MINISTER OF LABOR AND SOCIAL ISSUES OF THE REPUBLIC OF ARMENIA AUTHORIZED PERSON OF THE MINISTER OF LABOR AND SOCIAL ISSUES OF THE REPUBLIC OF ARMENIA Seal REGISTER (signature) (signature) Template 3 FOR THE INFORMATION ABOUT GRANTING, DENYING, REPEALING OR SUSPENDING A LABOR PERMIT NN Name of General information about (TIN, address, telephone, ) First name and last name of employee Passport series and number of employee Date of granting (day, year) Date of expiry of (day, year) Number of Day, year of denyin g Grounds for denying Day, year of repeali ng Grounds for repealin g Day, year of suspen ding Grounds for suspend ing NN Name of REGISTER Template 4 OF THE LABOR AGREEMENTS (SERVICE CONTRACTS) CONCLUDED WITH FOREIGN NAITONALS General information about (TIN, address, telephone, ) First name and last name of employee Passport series and number of foreign national Name of vacancy occupied by national Start date of agreement (service contract) (day, year) End date of agreement (service contract) (day, year) Annex 2 To Decree of RA Government No 493-N of 12 May

5 THE PROCEDURE AND AMOUNT OF EXPENSES REIMBURSED BY THE EMPLOYER IN CASE OF FAILURE TO PROVIDE THE FOREIGN EMPLOYEE WITH SUITABLE WORK 1. This Procedure regulates relations with regards to reimbursing expenses of national who has legally entered Republic of Armenia and his/her family members who were allowed to accompany him/her to return to ir country of origin or country where y traveled from and to transport ir belongings to same country, in cases where failed to provide national with work provided for in. 2. In cases where within one month after receiving fails to conclude a agreement with national and to provide him/her with work (for period set forth in ) for which was granted, shall reimburse following expenses of national and his/her family members who were allowed to accompany him/her, to following extent for each person: (1) Living expenses amounting to double rate of minimum wage set forth by Article 1 of law of Republic of Armenia "On minimum monthly wage" per for two months; (2) Transport expenses for personal belongings of national, amounting to four times minimum wage set forth by Article 1 of law of Republic of Armenia "On minimum monthly wage" as a one-time payment; (3) Return expenses to country of origin of national or country he/she arrived from by means of transport at choice of national and at minimum possible prices at moment. 3. The expenses referred to in point 2 of this Procedure shall not be reimbursed by if agreement concluded with national is terminated for grounds provided for by points 3, 6, 7, 12 and 13 of part 1 of Article 109, and points 5, 6, 8-10 of part 1 of Article 113 of Labor code of Republic of Armenia. Chief of Staff of Government of Annex 3 To Decree of RA Government No 493-N of 12 May 2016 LIST OF THE DOCUMENTS REQUIRED FOR GRANTING THE EMPLOYER A LABOR PERMIT FOR THE FOREIGN EMPLOYEE 1. For purposes of receiving a for a foreign employee, shall submit following mandatory documents to Ministry of Labor and Social Affairs of Republic of Armenia: (1) An application requesting a for national in accordance with template; (2) The passport of national; (3) Documents certifying professional education and qualifications of nationals ratified by a consular office or with an apostille; (4) A color photo of national measuring 3cm x 4cm; (5) The receipt of payment of state duty provided for by Article 14.2 of Law of Republic of Armenia On state duty. 2. The documents provided for by paragraphs 1, 3, 4 and 5 of point 1 of this List shall be kept in Ministry of Labor and Social Affairs of Republic of Armenia whereas document provided for by paragraph 2 shall be copied and returned to. 5

6 Chief of Staff of Government of Template To Minister of and social affairs of Republic of Armenia From (position, name and family name of head of executive body of legal person, or first name and last name of who is a natural person) Of (name of ) (general information about - TIN, address, telephone, ) LETTER Based on point 2 of Annex 1 and Annex 3 of Decree N 493-N of 12 May 2016 of Government of Republic of Armenia, I would like to request a for (first name and last name of national) for position of (name of vacancy) for period of (time period in letters). The following documents are attached to this letter: NN Name of document Note 1. Description of vacancy offered to national by 2. The passport of national 3. Documents certifying professional education and qualifications of nationals ratified by a consular office or with an apostille 4. Two color photos of national measuring 3x4 5. The receipt of payment of state duty provided for by Article 14.2 of Law of Republic of Armenia On state duty ( attached, not attached ) Requester (signature) Seal Annex 4 To Decree of RA Government No 493-N of 12 May 2016 LIST 6

7 OF THE PROFESSIONS GIVING HIGHLY QUALIFIED FOREIGN SPECIALISTS THE RIGHT TO WORK IN THE REPUBLIC OF ARMENIA WITHOUT A LABOR PERMIT 1. The following foreign nationals shall have right to work in Republic of Armenia without a : (1) Foreign nationals having professions in following fields included in list of professions of vocational education as approved by Annex 2 of Decree N 73-N of 12 January 2006 of Government of Republic of Armenia: (a) Field 4: Natural sciences The qualification Technician operation and technical maintenance of computing tools and computer networks of profession " Technical maintenance of computing tools and computer networks; qualification Technician operation of computing tools, systems and networks of profession Computing tools, systems and networks; and qualification Web designer of profession Computer design; (b) Field 6: Agriculture The qualification Agronomist of profession Agronomy; qualification Farmer of profession Organization of farmer economy; and qualification Technician-agronomist of profession Greenhouse economies; (2) Foreign nationals having professions in following fields included in list of professions and qualifications of higher education as approved by Annex of Decree N 1191-N of 23 October 2014 of Government of Republic of Armenia: (a) 06 Information and communication technologies (ICT); (b) 0413 Management and Administration; (c) 0721 Food technologies; (d) 0412 Finance. Chief of Staff of Government of 7