of February 23, 2000
About compliance of the first part of Article 143 of the Labor code of the Azerbaijan Republic to Articles 25, 37 and parts I of article 149 of the Constitution of the Azerbaijan Republic
Name of the Azerbaijan Republic
Constitutional court of the Azerbaijan Republic as a part of the chairman H. Gadzhiyev, judges: F. Babayev, B. Garibov, R. Gvaladze, E. Mamedov, S. Salmanova and A. Sultanova (judge-speaker),
with participation of the court secretary I. Ismaylov, legal representative of the body which sent request, the judge of the Supreme Court of the Azerbaijan Republic Sh. Hidayev,
legal representative of defendant body, assistant manager General department of the Device of Millie of Majlis of the Azerbaijan Republic of I. Abdulazizov,
specialists: the manager of legal department of Confederation of labor unions of Azerbaijan A. D. Efendiyev, the employee of department of the labor and environmental law of the Baku state university M. Aliyev managing legal department of the Ministry of Labour and Social Protection of the population of V. Guliyev and the head of department of labor policy T. Mamedova
according to Item 1 of part III of article 130 of the Constitution of the Azerbaijan Republic No. 05-4/99 about check of compliance of part one of Article 143 of the Labor code of the Azerbaijan Republic to article 37 of the Constitution of the Azerbaijan Republic according to the procedure of production of the Constitutional court reviewed in proceeding in open court request of the Supreme Court of the Azerbaijan Republic of December 22, 1999.
Constitutional court of the Azerbaijan Republic, having heard and having discussed the report of the speaker in the matter of the judge A. Sultanov, performances of the legal representative of Sh. Hidayev's body, the legal representative of defendant body I. Abdulazizov, opinion of specialists A. D. Efendiyev, M. Aliyev, V. Guliyev and T. Mamedova who sent request, determined:
The Supreme Court of the Azerbaijan Republic asks to check in request compliance of the first part of Article 143 of the Labor code of the Azerbaijan Republic concerning provision of unused leave in case of dismissal from work on initiative of the employer, and the Items "and" and "g" of article 70 of the specified Code regarding exception of cases of dismissal from work to article 37 of the Constitution of the Azerbaijan Republic.
Due to the case in point the text of Article 143 of the Labor code of the Azerbaijan Republic approved in Millie's Device of Majlis of the Azerbaijan Republic the Constitutional Court of the Azerbaijan Republic from communication with request is attached to case papers notes the following:
By the first part of Article 143 of the Labor code of the Azerbaijan Republic in case of termination of the employment contract with the worker who was not using leave for the corresponding work year (the corresponding work years) at the request of the worker it is granted leave for this work year (these work years), and date of dismissal from work the last vacation day is considered. The exception of these provisions is constituted only by dismissal cases from work on the bases provided in the Items "and" and "g" of Article 70 of the Labor code.
The Item "and" of Article 70 of the Labor code of the Azerbaijan Republic provides liquidation of the company, and the Item "g" - termination of the employment contract by the employer in case of failure to carry out by the worker of the labor function or obligations according to the employment contract, or gross violation of labor obligations in the cases listed in article 72 of the specified Code.
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