RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of January 22, 2002 No. 12

About approval of Rules of calculation and allowance payment on unemployment

For the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About employment" of August 09, 2001 the No. 549 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of calculation and allowance payment on unemployment" (are applied).

2. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of January 22, 2002 No. 12

Rules of calculation and allowance payment on unemployment

These rules are prepared on the basis of the Law of the Azerbaijan Republic "About employment" and establish rules of calculation and allowance payment on unemployment by local authorities of Public service of employment under the Ministry of Labour and Social Protection of the population (further - "city, district jobcenters").

1. Conditions and payment due dates of unemployment benefit

1.1. The citizens who received in accordance with the established procedure the status of the unemployed find the right to unemployment benefit.

1.2. The unemployment benefit (except as specified receipts of repeated benefit) is calculated to the citizen who received the status of the unemployed from the date of establishment to it the status of the unemployed.

1.3. To the citizens released in connection with liquidation of legal entities or reducing number of workers and states, application of clauses of working conditions and after dismissal by the established labor law of discharge benefit and average monthly salary registered in city, district jobcenter, but not employed in time payments, the unemployment benefit is granted from the first day of the expiration of this term.

1.4. In cases of the termination of the employment contract on the corresponding bases with the single payment to the worker from its consent of at least two-month salary instead of the precautionary terms established in connection with reduction of number of workers or staff reduction, and payment of discharge benefit to this person after monthly term from the date of its release the unemployment benefit can be granted. In cases of the termination of the employment contract on the corresponding bases with lump sum payment to the worker from its consent of at least two-month salary instead of the precautionary terms established in connection with change of clauses of working conditions, and allowance payment to this person after two-month term from the date of its dismissal the unemployment benefit can be granted.

1.5. The payment due date of unemployment benefit cannot exceed 26 calendar weeks during the 12-month period.

1.6. If the jobless citizen after 12 months from the moment of appointment of the status of the unemployed is not provided to him with suitable work, he has the right to repeated receipt of unemployment benefit. At the same time the unemployment benefit is established in minimum amount of the approved benefit.

2. Rules of calculation of unemployment benefit

2.1. If the citizens who received the status of the unemployed had paid work at least 26 calendar weeks within 12 months prior to the beginning of unemployment (from the date of registration as the seeker of work in city, district jobcenter), then the unemployment benefit is established by it in the amount of 70% of average monthly salary on the last place of employment calculated on the last 12 months.

If the citizen on the last place of employment worked less than 12 months (however, on the last, and also former places of employment had paid work at least 26 calendar weeks within 12 months), in this case the average monthly salary for unemployment benefit is calculated by division of the cumulative payroll amount on the last place of employment added for actually fulfilled months on the number of actually fulfilled months.

2.2. In cases of group stay of workers in forced unpaid leave in connection with suspension at the company of work not on fault of the employer within 12 months prior to the beginning of unemployment, to the citizens who had for this reason within the specified 12 months paid work, less than 26 calendar weeks and received the status of the unemployed, the average monthly salary for unemployment benefit is calculated by division of the cumulative payroll amount on the last place of employment added on actually fulfilled months on the number of actually fulfilled months.

For calculation of average monthly salary to the workers who worked less than one month by division of the salary earned by the worker during actually fulfilled working days on the number of these days the one-day salary which is multiplied by annual average quantity of the monthly working days is removed.

2.2.1. The unemployment benefit is established in the amount of 70% of average monthly salary calculated in the procedure stated above.

2.2.2. In cases of group stay of workers in forced unpaid leave in connection with suspension at the company of work not on fault of the employer within 12 months prior to the beginning of unemployment to the citizen who for this reason on the last place of employment had no paid work the unemployment benefit is established in 2-fold size of minimum amount of the approved benefit.

2.3. The list of the payments considered and not considered when calculating average monthly salary for unemployment benefit is established according to the resolution of the Cabinet of Ministers of the Azerbaijan Republic "About approval of procedure for establishment of the payments considered and not considered when calculating average salary for the period of leave and procedure for indexation of average salary for the period of leave" of August 25, 1999 No. 137.

2.4. When calculating average monthly salary the serviceman dismissed from Armed Forces of the Azerbaijan Republic and the armed connections created according to the legislation of the Azerbaijan Republic other, consider their official pay rate (including the surcharges of all types and the allowance constituting new official pay rate), salaries for military or special rank and length-of-service allowances (for continuous work). To such citizens the unemployment benefit is established in the amount of 70% of the calculated average monthly salary.

2.5. In all other cases the unemployment benefit is established in minimum amount of the approved benefit.

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