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RESOLUTION OF THE MINISTRY OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE AZERBAIJAN REPUBLIC

of April 3, 1995 No. 11

About approval of the Regulations on execution of payments with use of average earnings

The Ministry of Labour and Social Protection of the population of the Azerbaijan Republic decides:

1. Approve with the corresponding amendment Regulations on execution of payments with use of average earnings.

2. Determine that, according to the 1st Item this the Provision, the approved Provision shall be applied in all companies, organizations and the organizations irrespective of patterns of ownership and managing.

3. To the ministries, head departments, the companies, concerns and associations to inform jurisdictional enterprises, organizations and the organizations approved according to the 1st Item of this Resolution Provision and to check correctness of its application.

4. To make to management on compensation and policy of employment relationships of the Ministry of Labour and Social Protection of the population in necessary cases explanations on the questions connected with calculation of average earnings.

 

Deputy minister I. RAGIMOV

 

Appendix to the resolution of the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic of April 3, 1995 No. 11

Regulations on execution of payments with use of average earnings

Average earnings of workers and employees - the compensation sum of money estimated in special procedure reflecting regularly, constantly issued payments which are typical, normal for the worker.

Average earnings to the worker remain in the cases determined by the current legislation (for example, for leave, business trip, transfer of the worker to other work in connection with business necessity, etc.), and also are used in case of calculation of certain payments, in capture cases for basis of average earnings.

I. Capture cases for basis of average earnings in case of calculation of certain payments

1. Average earnings for calculation of pensions are established based on the Law of the Azerbaijan Republic "About provision of pensions of citizens" and instructions of the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic and Social Fund of Protection of the Azerbaijan Republic of February 18, 1993 No. 07/11-134 and No. 05/111 "About the provided and unforeseen compensation and other payment types for establishment of average monthly earnings in case of calculation of pensions".

2. For calculation of the help with social insurance average earnings are determined according to the Provision "About Rules of Ensuring the Help with Social Insurance" approved according to the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of January 8, 1993 No. 9 "About approval of the Regulations on rules of ensuring the help with social insurance".

3. For calculation of the size of benefits to citizens by unemployment and issued to them for professional training, retraining and advanced training according to the direction of public service of employment of grants average earnings of workers and employees it is determined based on the explanation approved by the Resolution of the State Committee on work and social problems of the Azerbaijan Republic of October 9, 1991 No. 12/1 (request) "About rules of calculation of average monthly earnings of workers and employees for calculation of the size of benefits to citizens on unemployment and issued to them for professional training, retraining and advanced training according to the direction of public service of employment of grants".

4. For compensation of damage to the workers who were traumatized in case of execution of labor obligations, average earnings are determined based on the Rules approved according to the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of December 7, 1992 No. 648 "About rules of compensation of damage to the workers who were traumatized in case of execution of labor obligations or to the families, for this reason which lost the supporter from the companies, organizations, the organizations".

II. Cases of execution of payments with use of average earnings

According to the current legislation average earnings remain for the worker in the following cases:

1. For the term of accomplishment of the state and public duties (the 116th Article of the Labor code of the Azerbaijan Republic.)

2. For the period of the official journey (the 121st Article of the Labor code of the Azerbaijan Republic and the Rule of the Ministry of Finance and Ministry of Labour and Social Protection of the population of the Azerbaijan Republic of April 7, 1995 No. 07/11-179 and No. 07/11-256 "About official journey in the Azerbaijan Republic").

3. In case of temporary transfer for other work for up to one month on business necessity (the 32nd Article of the Labor code of the Azerbaijan Republic).

4. For the period of transfer of the worker who is carrying out production regulations to other below-paid work owing to idle time (33rd Article of the Labor code of the Azerbaijan Republic).

5. For the period of inspection and in day of blood donation for transfusion by the worker and employee who is donors and in the day of rest provided directly after every day of blood donation (the 119th Article of the Labor code of the Azerbaijan Republic).

6. Upon transition of workers or employees to permanent below-paid work and in case of change of place of employment (the 104th Article of the Labor code of the Azerbaijan Republic).

7. To the workers and employees having examination in medical institution - for time allowed for similar survey (the 118th Article of the Labor code of the Azerbaijan Republic).

8. For the period of release from the main work for participation in work on implementation and the invention or improvement suggestion at the same company, in the organization of workers and employees - authors of inventions and improvement suggestions (the 120th Article of the Labor code of the Azerbaijan Republic).

9. For the term of transfer of expectant mothers to easier work (the 178th Article of the Labor code of the Azerbaijan Republic).

10. For the term of transfer to easier work of the women having children of one and a half years (the 179th Article of the Labor code of the Azerbaijan Republic).

11. For the period of break on feeding of the child (the 188th Article of the Labor code of the Azerbaijan Republic).

12. For the term of detention of issue of the service record to the worker in case of dismissal from work (the 111th Article of the Labor code of the Azerbaijan Republic).

13. Before receipt of dismissal wage (43rd and 45-3rd Article of the Labor code of the Azerbaijan Republic).

14. When reducing number of workers in connection with termination of the labor agreement because of change of structure of the companies, organizations, organizations, during creation anew and liquidations - for employment (45-3rd Article of the Labor code of the Azerbaijan Republic).

15. During the term of induced truancy in case of wrongful dismissal (the 240-2nd Article of the Labor code of the Azerbaijan Republic).

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