of June 21, 2010
About check of compliance of part 3 of Article 247 of the Labor Code of the Azerbaijan Republic Constitutions of the Azerbaijan Republic
Name of the Azerbaijan Republic
Constitutional court of the Azerbaijan Republic as a part of F. Abdullaev (chairman), judges F. Babayev, S. Gasanova, I. Nadzhafov, S. Salmanova (judge-speaker), A. Sultanova,
with participation of the court secretary I. Ismailov,
the representative of the body which sent request, the manager of the Scientific and analytical sector of the Office of the Commissioner for Human Rights of the Azerbaijan Republic (Ombudsman) M. Mamedova
representative of defendant body, employee of the Device Millie of Majlis of the Azerbaijan Republic G. Seid,
expert, head of the department of civil process, labor and environmental law of the Baku state university, professor A. Gasymov,
specialists, judge of the Supreme Court of the Azerbaijan Republic, Candidate of Law Sciences B. Asadov, deputy head of department of personnel of Penitentiary service of the Ministry of Justice of the Azerbaijan Republic, doctor of philosophy on jurisprudence, associate professor Z. Dadashov, manager Sektor of compensation and employment relationships of the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic A. Magerramov, acting as manager of legal department of Confederation of labor unions of the Azerbaijan Republic L. Adzhalova,
according to part VII of article 130 of the Constitution of the Azerbaijan Republic considered in proceeding in open court on the constitutional legal proceedings the constitutional case on request of the Commissioner for Human Rights (Ombudsman) of the Azerbaijan Republic of March 31, 2010 about check of compliance of part 3 of Article 247 of the Labor Code of the Azerbaijan Republic of part I of Article 25, of part VI of Article 35, of part III of Article 38, to Articles 71, of 147, to parts I and III of article 149 of the Constitution of the Azerbaijan Republic.
Having heard on case the report of the judge S. Salmanova, speech of representatives of zaprosodatel and the defendant, expert, specialists, having researched and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic established:
The Commissioner for Human Rights (Ombudsman) of the Azerbaijan Republic, having sent request in the Constitutional Court of the Azerbaijan Republic (further - the Constitutional Court), asked to check compliance of part 3 of Article 247 of the Labor Code of the Azerbaijan Republic (further - the Labor Code) approved by the Law of the Azerbaijan Republic of February 1, 1999, part I of Article 25, of part VI of Article 35, of part III of Article 38, to Articles 71, of 147, to parts I and III of article 149 of the Constitution of the Azerbaijan Republic (further the Constitution).
According to the specified regulation of the Labor Code, in case of execution of an employment agreement with workers more young 18 years shall be provided the additional terms, obligations provided with the employer for increase in their labor and professional skills. Time spent by workers is younger than 18 years on professional training during the regular working day with the consent of the employer, is considered as part of the working day. According to the conclusion of zaprosodatel, part 3 of Article 247 of the Labor Code, breaking the principle of the equal attitude towards equal interests of workers 18 years are younger, limits circle of rights to work and social security, does not answer the criteria of justice pushed to the regulatory legal act and does not correspond to the above-stated articles of the Constitution.
The plenum of the Constitutional Court considers that in connection with permission of the question raised in request, first of all, some regulations of the Constitution and the international legal acts supported by the Azerbaijan Republic and the labor law shall be considered.
According to parts I and III of article 25 of the Constitution, all are equal before the law and court. The state guarantees everyone equal rights and freedoms of everyone irrespective of race, nationality, religion, language, floor, origin, property status, official position, beliefs, belonging to political parties, labor unions and other public associations. It is forbidden to limit in rights and freedoms of man and citizen, proceeding from racial, national, religious, language identity, gender, origin, beliefs, political and social affiliation.
According to article 35 of the Constitution, everyone has rights to freely choose to itself(himself) on the basis of the capability to work type of activity, profession, occupation and place of employment. Employment contracts are signed freely, nobody can be forced to sign the employment contract. Everyone has rights to work in safe and healthy conditions, to earn reward for the work without any discrimination at least minimum size of the salary, established by the state (parts II, IV, VI of Article 35).
According to parts I and II of article 71 of the Constitution to observe and protect the rights and freedoms of man and citizen affirmed in the Constitution is debt of bodies of the legislative, executive and judicial authorities. Nobody can limit implementation of rights and freedoms of man and citizen.
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