Approved by the Law of the Azerbaijan Republic of February 1, 1999, No. 618-IQ
Based on article 35 of the Constitution of the Azerbaijan Republic work is basis of personal and public welfare. Everyone has the right to freely choose to itself(himself) on the basis of the capability to work type of activity, profession, occupation and place of employment.
Are enshrined in the Labor code of the Azerbaijan Republic:
* by means of the corresponding precepts of law the labor, social, economic rights of workers and employers in employment relationships and the minimum level of the corresponding guarantees connected with these rights;
* the principles and rules of providing provided by the second Section of the Constitution of the Azerbaijan Republic rights to work, rest, work in safe and healthy conditions and also other basic rights and human freedoms;
* regulations, governing laws, obligations of workers, employers, and also relevant organs of the government in the field of origin, change, the termination of employment relationships and protection of the rights of participants of these relations according to the international treaties signed by the Azerbaijan Republic or the party of which it is, International Labor Organization Conventions and other international precepts of law.
The labor law of the Azerbaijan Republic consists from:
* of this Code;
* relevant laws of the Azerbaijan Republic;
* the regulatory legal acts adopted by relevant organs of the executive authority within the powers;
* the international treaties signed by the Azerbaijan Republic or the party of which it is, connected with labor, social and economic problems.
1. The labor code of the Azerbaijan Republic governs the employment relationships arising between workers and employers and also other legal relations following from these relations between them and relevant organs of the government, legal entities.
2. The labor code of the Azerbaijan Republic establishes the minimum regulations of the rules providing labor rights of physical persons, and implementation of these rights.
3. The labor code of the Azerbaijan Republic (further in appropriate cases "this Code") is based on the principles:
* ensuring equality;
* protection of interests by ensuring justice and rule of law;
* ensuring free use of intellectual, physical and financial capacities for the purpose of satisfaction of material, moral, social, economic and other vital needs;
* inadmissibility of registration of employment relationships civil agreements.
1. The company - created by the owner according to the legislation of the Azerbaijan Republic, irrespective of form of business, the name and type of activity the legal entity, his and foreign legal entity branch, representation.
2. The worker - the physical person working on the appropriate paid workplace, who signed with the employer the written employment contract (contract) in individual procedure.
3. The employer - the sui juris owner or appointed (authorized) it director, the authority having the right to conclude, terminate or change conditions of the employment contract (contract) with workers, and also physical person.
4. Labor collective - consolidation of the workers occupied on the corresponding workplaces which are in the employment relationships with the employer having powers jointly to perform the labor, social, economic rights and to protect the legitimate interests established by this Code and other regulatory legal acts in collective procedure.
4-1. Employment relationships - the relations which are based on personal accomplishment by the worker of labor function instead of salary payment by profession or positions on which for work he is accepted it (is appointed), chosen, recovered, on the workplace established on the basis of mutual consent with the employer according to the obligations provided by the labor law, the collective agreement or the agreement on observance of rules of internal discipline, providing working conditions of the worker with the employer, its providing and labor protection and also on the principles of this Code.
5. The employment contract (contract) (further in appropriate cases "employment contract") - the written agreement signed in individual procedure between the employer and the worker, reflecting the main conditions of employment relationships, the rights and obligations of the Parties.
5-1. The notification on the employment contract - the electronic document which is entered by the employer into electronic information system of centralized relevant organ of the executive authority (further - electronic information system) for the purpose of electronic registration of execution of an employment agreement, introduction in it of change or its cancellation in this electronic information system by means of the strengthened digital signature, except as specified, established by part 2-1 of article 7 of this Code. According to the Law of the Azerbaijan Republic "About state registration and the state register of legal entities" the conclusion for the first time of the employment contract with the workers specified in the statement for electronic state registration of limited liability company with local investment is registered in electronic information system based on the data provided in electronic procedure by the body (organization) established by relevant organ of the executive authority.
6. The collective agreement - the agreement regulating employment, social and economic, household and other relations, signed in writing between the employer, labor collective or the trade-union organization.
7. The collective agreement - the agreement determining obligations of the parties by joint activities in the field of improvement of working conditions of workers, labor protection, employment, implementation of other actions for social protection, signed between relevant organ of the executive authority, associations of labor unions and employers.
8. Workplace - the place where the worker performs the paid works (services) in position (profession) determined by the employment contract.
9. Labor function - set of works (services) provided by the employment contract which shall be carried out by the worker on one or several positions (professions).
10. Labor protection is system of measures of safe engineering, the sanitary, hygienic, treatment-and-prophylactic actions, regulations and standards provided in this Code and other regulatory legal acts and also in collective agreements, agreements, employment contracts for the purpose of providing the right of workers to work in safe and healthy conditions.
11. Working conditions - set of the minimum regulations provided in this Code and also the labor, social and economic norms determined by the parties in the employment contract (the collective agreement, the agreement) for effective and useful implementation by the worker of the labor functions.
12. Representative body of workers - the organization (associations) of labor unions acting on the basis of the charter and relevant legislation, created by workers on the basis of voluntary consolidation for the purpose of protection of the labor, social, economic rights and legitimate interests.
13. Representative body of employers - the associations created by employers by voluntary connection and acting on the basis of the charter and relevant legislation for the purpose of protection of the social and economic rights connected with business activity, the interests connected with property, production and employment relationships.
14. Collective requirements - the demands made by workers or bodies of labor unions before employers, their associations or relevant organs of the executive authority, connected with the conclusion, modification and execution of collective agreements, agreements, and also other labor, social and economic problems.
15. The collective employment dispute is the disagreements arising from collective requirements.
16. The individual employment dispute is the disagreement arising in individual procedure between the employer and the worker in case of accomplishment of conditions of the employment contract, collective agreement, agreement, obligations of the parties, and also in case of application of this Code and other regulatory legal acts.
17. The strike is temporary complete or partial refusal on a voluntary basis of workers (worker) from execution of the labor functions for the purpose of the solution of collective and individual employment dispute.
1. This Code is applied on all, located in the territory of the republic, irrespective of patterns of ownership and organization-legal accessory the companies, in the organizations, the organizations (further in appropriate cases of "company") founded in stipulated by the legislation procedure by appropriate authorities of the Azerbaijan Republic, physical persons and legal entities including on workplaces without creation of the company where the employment contract, and also in the embassies operating outside the republic, consulates of the Azerbaijan Republic, in courts, the shelf installations going under National flag of the Azerbaijan Republic in international waters, and other workplaces is signed with workers.
2. This Code extends also to the workers performing labor functions in the house, using raw materials (materials), production means of the employer.
3. The age qualification established by the laws of the limiting Azerbaijan Republic for work in the public institutions financed from the government budget does not extend to scientific institutions and the organizations, the highest educational institutions.
4. Employment relationships in the Alyatsky free economic zone are governed according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".
1. If in prisoners the Azerbaijan Republic with foreign states, the international organizations agreements does not provide other, this Code without presentation of any conditions is applied on the workplaces founded by the corresponding foreign states, their physical persons and legal entities, the international organizations, and also stateless persons, which underwent state registration in stipulated by the legislation procedure and operating in the Azerbaijan Republic.
2. This Code extends to government employees, and also the serving bodies of prosecutor's office, police and other law enforcement agencies taking into account the features determined in the regulatory legal acts regulating their legal status. If in these regulatory legal acts the labor, social and economic rights of these employees are completely not covered, the relevant standards provided by this Code are applied to them.
This Code does not extend to the following persons:
a) military personnel;
b) judges of courts;
c) Millie's deputies of Majlis of the Azerbaijan Republic and persons, elected to municipality;
d) the foreigners who signed the employment contract with the legal entity of the foreign country in this country and performing the labor functions at the company (branch, representation) operating in the Azerbaijan Republic;
e) performing works in contract, to the order, the commission, author's and other civil agreements.
1. Labor rights of workers and the minimum level of the corresponding guarantees in connection with these rights are provided with the precepts of law established by the regulatory legal acts specified in Article of 1 of this Code.
2. Except as specified, 2-1 of this Code established by part, employment relationships arise after registration entered into electronic information system by means of the strengthened digital signature of the notification on the employment contract and the directions to the employer of electronic information on it.
2-1. Employment relationships between the employers and workers accepted (hired) to the corresponding positions (professions) in state bodies which list is established by relevant organ of the executive authority arise after the conclusion in writing on paper.
2-2. According to the Law of the Azerbaijan Republic "About state registration and the state register of legal entities" employment relationships of limited liability company with local investment with the workers specified in the statement for electronic state registration arise from the moment of the direction of the certificate on state registration, the statement from the state register and the charter in electronic office of society according to the procedure, established by the specified Law.
2-3. The relations arising between the parties are considered as employment relationships which registration by civil agreements is not allowed, in the following cases:
2-3.1. if contents of the agreement correspond to part 2 of article 43 of this Law, and its form - the form established by part 2 Articles 44 of this Code;
2-3.2. if for registration of the relations between the parties and conducting the corresponding records the service record according to article 48 of this Code is submitted;
2-3.3. if the relations between the parties arise in connection with acceptance (appointment) to profession or position, including in connection with occupation paid elective or appointed, and also competitive position, employment on quota, recovery at work by a court decision;
2-3.4. if the relations between the parties arise in connection with performance of works (services) relating to the main field of activity of the employer;
2-3.5. if the relations between the parties arise in connection with performance of works (services) according to the procedure of combining jobs or temporary replacement;
2-3.6. if in case of kind of work (service), temporary under the terms of accomplishment, prolongation of term of the agreement is regulated according to Article 73 of this Code;
2-3.7. if the payment paid for the performed work (service) consists of the monthly tariff (official) salary, the allowance and award specified regarding 3 articles 157 of this Code;
2-3.8. if regulation of the questions provided by Articles 10, of 77, of 112, of the 179 and 186 of this Code is provided in the agreement.
2-4. From the date of identification of one of the circumstances provided by part 2-3 of this Article the written employment contract according to part 2 of this Article shall be signed.
3. Wider can be provided in collective agreements, agreements, and also employment contracts in comparison with the labor law the additional terms of work covering employment, social, economic, material and household and other relations. Inclusion in employment contracts of the conditions limiting the rights of workers in comparison with the current legislation, the collective agreement and the agreement is inadmissible. The material and other damage caused to the worker as a result of application of such conditions completely is compensated by the employer.
4. Directly in case of execution of an employment agreement, and also in the course of employment relationships by mutual consent of the employer and worker the contract for training of new profession, development of new specialty can be signed.
5. Conditions, rules, term and obligations of the parties on training of new profession or development of new specialty are regulated by the relevant agreement signed on the basis of the reached consent or the employment contract.
1. The origin, change and the termination of labor rights and obligations estimated by this Code in appropriate cases in terms in calendar time are determined for years, months, weeks, days.
2. The beginning of term is estimated from the date of, subsequent to time determined by calendar.
3. The terms estimated for years, months, weeks respectively come to the end in the last day years, month, week. The terms estimated calendar weeks and days include non-working days.
4. If the last day of term matches non-working day, subsequent to it the working day is considered day of completion of term.
The worker according to the employment contract has the following basic rights:
a) sign the employment contract, freely choosing type of labor activity and place of employment according to qualification, specialty and profession;
b) address the employer for change of conditions of the employment contract or its termination;
c) during working hours or after working hours for the purpose of receipt of earnings to be engaged in the activities which are not forbidden by the legislation, and also not restraining obligations of the parties according to the employment contract;
d) work in the conditions providing labor protection, lives and health and also to require creation of such conditions;
e) receive the salary not below the minimum size established by the legislation;
e) receive the additional salary when attracting to work over working hours or require its payment;
g) refuse the performance of works, services which are not entering the labor function established by the employment contract, and in case of execution of such works, services to require issue of the corresponding additional salary;
h) receive from the employer the appropriate public assistance for improvement of housing conditions, social conditions of family members;
i) work in the working hours established by the legislation;
j) work short working day in places of employment by the corresponding professions (positions), productions determined by the legislation;
k) use the weekly days off determined by the legislation;
l) to annually use the additional, social, unpaid and educational leaves paid the main leave and in appropriate cases it is at least minimum duration provided by this Code;
m) increase professional training, master new specialty and improve skills;
o) require compensation of the damage caused to property and health in case of accomplishment of labor function;
o) according to the procedure, determined by the law to have compulsory social insurance, compulsory medical insurance, unemployment insurance and compulsory insurance from loss of professional working capacity as a result of labor accidents and occupational diseases from the employer, and also to use rules of any other type of insurance;
p) in the procedure established by the legislation to become the member of labor unions, public associations, and also to participate in the strikes held by these organizations or labor collective, meetings, meetings and other mass actions which are not forbidden by the legislation;
c) take a legal action for protection of labor rights, be legally protected;
r) use benefits and privileges on social protection, the right to social insurance;
s) receive the state providing determined by the legislation on unemployment;
t) receive from the employer the corresponding certificates of workplace, position (profession), the monthly salary and other data connected with employment relationships;
x) obtain from electronic information system data, and also the electronic reference of the notification on the employment contract registered in connection with it in real time.
Fundamental obligations of the worker according to the employment contract the following:
a) to fairly perform the labor function determined by the employment contract;
b) follow labor discipline and disciplinary rules in the company;
c) respect the labor safety rules;
d) bear responsibility for the material damage caused to the employer;
e) in accordance with the established procedure and conditions to keep the state secret, and also trade secret of the employer;
e) not violate labor rights and legitimate interests of fellow workers;
g) carry out decisions (resolution) of court on individual, collective employment disputes;
h) observe requirements of the labor law.
10-1.1. The limiting age qualification for work in the organizations financed from the government budget constitutes 65 years.
10-1.2. Service life of the reached 65-year age of the employee of the organization financed from the government budget in this organization can be extended by the head of the relevant state body, but no more than for 1 year for once. Service life cannot be prolonged more than for 5 years.
10-1.3. Service life of the reached 65-year age of the employee of the organization financed from the government budget having the special merits established by relevant organ of the executive authority in development of spheres of science, culture, health care and education can be extended by the relevant state body over term, the stipulated in Article 10-1.2 presents of the Law.
10-1.4. The number of workers who have service life in the organizations financed from the government budget on the respective sphere it is prolonged according to articles 10-1.2 and 10-1.3 of this Law, cannot exceed 15 percent from total quantity of employees of the organizations financed from the government budget on this sphere.
10-1.5. The number of workers with prolonged service life in each organization financed from the government budget on the respective sphere cannot exceed 2 percent from the number of employees of this organization. If the number of employees of organization is less than 100 people, the number of workers with prolonged service life is rounded to two established posts.
10-1.6. Prolongation of service life of the workers occupied in the organizations financed from the government budget is allowed based on their consent.
1. In the field of employment relationships the employer has the following basic rights:
a) according to the procedure, established by this Code to sign the employment contract with workers, to change its conditions;
b) according to the procedure and on the bases determined by this Code to dissolve employment contracts;
c) require from workers of timely and high-quality accomplishment of conditions, the obligations determined by the employment contract;
d) push the worker to the corresponding positions (professions) according to business qualities, results of work, professional level;
e) in case of violation by workers of conditions of the employment contract, disciplinary rules in the company to bring them to disciplinary responsibility according to the procedure, established by the legislation;
e) according to the legislation to take measures for compensation of the material damage caused to it or the owner by the worker;
g) observing requirements of this Code and other regulatory legal acts, to change working conditions or to reduce the number of workers, to liquidate states, structural divisions;
h) conclude the collective agreement with labor collective or the trade-union organization and establish control over the implementation of obligations under this agreement;
i) in case of execution of an employment agreement to establish probation period according to the procedure and duration, determined by this Code.
2. Any intervention or obstacle to implementation by the employer of the rights provided in this Article, to fulfillment of duties, determined by article 12 of this Code and other regulatory legal acts is inadmissible. Person violating legitimate rights of the employer by intervention in its activities in this area bears the corresponding responsibility according to the procedure, stipulated by the legislation.
1. Fundamental obligations of the employer in the field of employment relationships the following:
a) comply with conditions of the employment contract and obligations provided in it;
b) fulfill requirements of this Code and other regulatory legal acts relating to the labor law;
c) dissolve employment contracts according to the procedure and on the bases provided by this Code;
d) comply with the conditions of collective agreements, agreements provided in them obligations;
e) carry out decisions (resolution) of court on individual, collective employment disputes;
e) consider applications and claims of workers according to the procedure and in terms, stipulated by the legislation;
g) according to provision (charter) of the company, the collective agreement to hold necessary events for improvement of labor, material, social conditions of workers, welfares of members of their families;
h) create equal opportunities and to approach equally workers, irrespective of floor, in case of employment, discharge from work, increase in professional training, development of new specialty and advanced training, work quality evaluation, release from work;
i) create identical operating conditions for workers, irrespective of floor, occupied with identical work, not apply to workers various measure of administrative influence for identical offense, take necessary measures for prevention of discrimination on sex and sexual oppression;
j) involve children in activities which can create threat of their life, to health or morality;
k) enter the notification on the employment contract into electronic information system by means of the strengthened digital signature (except as specified, established by parts 2-1 and 2-2 of article 7 of this Code);
l) provide payment of all payments made to the worker under this Code according to the Law of the Azerbaijan Republic "About clearing settlements".
m) provide accomplishment of the obligations provided by the Law of the Azerbaijan Republic "About employment";
o) providing according to the Law of the Azerbaijan Republic "About the rights of persons with disability" occupations of persons with disability labor activity on an equal basis with other persons;
o) provide timely and complete payment of insurance premiums on compulsory medical insurance of workers according to the Law of the Azerbaijan Republic "About medical insurance".
2. The employer who is violating the rights of workers, not fulfilling the obligations on the employment contract, employing persons which did not reach 15-year age, involving children in activities which can create threat of their life, health or morality the signed employment contract on occupation pedagogical activities with person who the law is forbidden to be engaged in pedagogical activities, and also not observing the requirement of this Code, in the procedure determined by the legislation is brought to the corresponding responsibility.
1. If the law or international treaties which party is the Azerbaijan Republic, do not provide other, foreigners and stateless persons in case of stay in the Azerbaijan Republic can have all labor rights on an equal basis with citizens of the Azerbaijan Republic and according to these rights have obligations.
2. Restriction of labor rights of the foreigners and stateless persons provided by this Code and other regulatory legal acts, except as specified, provided by the law is forbidden.
3. Establishment in the field of employment relationships of privileges to foreigners and stateless persons in comparison with citizens of the Azerbaijan Republic is inadmissible.
4. Except as specified, stipulated in Article 64 Migratory codes of the Azerbaijan Republic, employers shall get the work permit according to the procedure and on the conditions established by the specified Code for each foreigner and the stateless person whom they want to involve.
5. The questions which are not provided by the Migratory code of the Azerbaijan Republic in connection with labor activity of migrant workers are regulated by this Code.
6. Supervision of providing the rights of migrant workers with employers is exercised by relevant organ of the executive authority.
1. Bodies shall provide to legislative, executive and judicial authority within the powers in the field of regulation of employment relationships:
* everywhere in identical procedure and the correct observance by subjects of employment relationships of requirements of the legislation;
* healthy and safe working conditions;
* elimination of violation of the rights of workers and employers;
* recovery of the violated rights of workers and employers;
* enhancement within the powers of the labor law;
* carrying out state policy in the field of employment relationships on the basis of the principles of the human rights and freedoms determined by the Constitution of the Azerbaijan Republic.
2. The state for ensuring rational use of labor power, unemployment elimination, according to part VIII of article 35 of the Constitution of the Azerbaijan Republic, regulates questions of unreasonable attraction for work of specialists from foreign countries without use of the labor power which is available in the country on the corresponding specialties, craft, professions, proceeding from the professional level, labor skills, long experience of citizens, and also unemployment, employment and population shift.
3. Carrying out state policy in the field of employment relationships is provided with relevant organ of the executive authority. This executive body:
* for ensuring regulation of employment relationships in certain cases adopts the corresponding regulatory legal acts within the powers;
* performs state policy in the field of compensation and employment relationships, labor protection, use of manpower, problems of labor migration, social protection of the population, rehabilitation of persons with disability, including with limited opportunities of health aged to 18 years;
* electronic services in the sphere of employment relationships are performed by means of electronic information system.
1. The state control of observance of requirements of this Code and other regulatory legal acts concerning the labor law performs relevant organ of the executive authority.
2. The body exercising the state control of observance of the labor law within the powers has the right to demand from persons of elimination, guilty of violation of the labor law, of the allowed offenses, to bring them to the administrative responsibility in the cases and procedure determined by the Code of the Azerbaijan Republic about administrative offenses and to put question of attraction to other responsibility to relevant organs.
3. The rights, obligations and rules of activities of the body exercising the state control of observance of the labor law are regulated by the provision approved by relevant organ of the executive authority.
4. The body exercising the state control of observance of the labor law cannot perform activities for the solution of the questions carried by this Code and other regulatory legal acts to competence of the courts.
5. Execution of decisions, instructions concerning the observance of requirements of this Code and other regulatory legal acts concerning the labor law, accepted by body, the labor law exercising the state control of observance is obligatory for employers and workers, and also other participants of employment relationships.
6. Decisions and instructions of the body exercising the state control of observance of the labor law can be appealed administratively and (or) in court.
7. The relevant organ of the executive authority shall provide integration of relevant organ of the executive authority into electronic information system in real time.
Note: in this Code it is necessary to understand the employers, workers, the owner, officials who are under supervision of the employer, representatives of security services of work, the plenipotentiary for protection of the rights of the worker, trade union representatives and authorized officials of representative bodies of employers as "participants of employment relationships".
1. In employment relationships it is forbidden to allow any discrimination between workers on nationality, floor, race, belief, nationality, language, the residence, property status, public social origin, age, marital status, belief, political views, belonging to labor unions or other public associations, official position, and also other factors which are not connected with business qualities, professional skills, results of work of the worker, determination directly or indirectly on the basis of these factors of benefits and privileges and also restriction of their rights.
Except for types of the professions and positions which are not allowing work of persons living with human immunodeficiency virus, refusal of their acceptance for work, promotion on work or their dismissal from work on the reason of infection with human immunodeficiency virus are not allowed. If the employer has information on infection of the worker with human immunodeficiency virus, then it shall not open this information.
The refusal of execution of an employment agreement or termination of the employment contract because of availability at person of multiple sclerosis is not allowed (except as specified absence at the employer of the corresponding work (position), and also refusal in employment on workplaces on which use of work of such persons is not allowed).
The refusal in execution of an employment agreement with person with disability because of disability, promotion on work, the termination of the employment contract and transfer to other work (profession, position) without its consent, except as specified, when the condition his health interferes with accomplishment of the professional obligations by it or threatens health and safety of other persons, it is not allowed.
2. Establishment in employment relationships to women, persons with disability, to persons having age up to 18 years, to other persons needing social protection, privileges, benefits and additional guarantees is not considered discrimination.
3. The employer or other physical person which allowed the discrimination between workers specified in the first part of this Article in the course of employment relationships bear the corresponding responsibility in stipulated by the legislation procedure.
4. The worker who underwent to discrimination can file a lawsuit the claim with the requirement of recovery of the violated rights.
1. Compulsion of the worker is forbidden to perform the labor function which is not entering it work (services) by use of force in any procedure and in any manner, and also threatening with the termination of employment relationships. Persons, guilty of compulsion of the worker to work, are made responsible according to the procedure, determined by the legislation.
2. Forced labor at the works performed under control of the relevant state bodies in connection with warlike or emergency state on the basis of the relevant legislation is allowed and also during execution of the adjudications which took legal effect.
1. The worker, the employer, labor collective, the organization of labor unions have the right to conduct individual or collective dispute with the purpose of protection of the rights, legitimate interests. Implementation of this right can be limited only in stipulated by the legislation cases and procedure.
2. The solution of the individual or collective employment dispute which arose between the employer and the worker, and also labor collective during application of the labor law is regulated according to the procedure, provided in the Section XI of this Code.
1. At the company on the basis of the principle of voluntariness the organization of labor unions can be created, without putting distinctions between workers, without receipt of prior consent of the employer. The workers entering into the relevant labor unions for protection of the labor, social, economic rights, legitimate interests can be engaged in trade-union activities.
2. The rights, obligations and powers of labor unions are determined by the Law of the Azerbaijan Republic "About labor unions" and their charters.
1. Employers for protection of economic, financial interests, the interests connected with business activity and also for social partnership in the relations with labor unions can unite in voluntary procedure, creating the relevant organization.
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