The Labor Code of the Republic of Azerbaijan was ratified by the Law of the Republic of Azerbaijan No. 618-IQ of February 1, 1999 . The said Law entered into force on July 1, 1999. A characteristic feature of the Labor Code of the Republic of Azerbaijan is the ability to conclude a labor agreement ( contract ) in a collective manner [1] .
According to article No. 35 of the Constitution of the Republic of Azerbaijan, labor is the basis of personal and social welfare. Every citizen has the right to freely choose his type of activity, profession, occupation, and also a workplace, based on his ability to work [2] .
Content
Contents
The Labor Code of the Republic of Azerbaijan reflects:
- the rights of workers and employers of a labor, social and economic nature in labor relations, as well as the established minimum level of guarantees; [3]
- principles and rules for ensuring citizens the right to work, rest, work in favorable conditions;
- norms that regulate the rights and obligations of workers, employers; conventions of the International Labor Organization and others [4]
The Labor Code of the Republic of Azerbaijan consists of this Code; laws of the Azerbaijan Republic related to this issue; normative legal acts; international treaties concluded by the Republic of Azerbaijan [5] .
The Labor Code of Azerbaijan regulates the labor relations that arise between workers and employers; establishes the minimum rules that ensure the labor rights of individuals. [6]
Principles
The principles on which the Labor Code of Azerbaijan is based:
- ensuring equal rights;
- protection of interests by ensuring justice and the rule of law;
- ensuring the free use of mental, physical, as well as material capabilities in order to satisfy material, moral, social, economic and other needs; [7]
- creation of a legal guarantee of fulfillment of obligations on the part of workers and employers.
This Code applies to all enterprises located in the country; in institutions, organizations; at workplaces without creating an enterprise where a contract is concluded with employees; in embassies, consulates of the Azerbaijan Republic outside the republic; on ships, offshore installations, etc. [8]
This Code applies to workers who perform labor functions in their home using the employer's raw materials. [eight]
This Code does not apply to:
- military personnel;
- judges of courts;
- deputies of the Milli Majlis of Azerbaijan and persons elected to the municipality;
- foreigners who have signed a contract with a legal entity of a foreign country in this country and who perform labor functions at an enterprise operating in Azerbaijan;
- people who perform work on behalf of the commission, etc. [1]
Changes and Amendments
In the fall of 2014, the Law on Employment was amended. [eight]
In the winter of 2014, the President of the Republic of Azerbaijan Ilham Aliyev signed a decree on the approval of the law “On Amendments to the Labor Code” of December 27, 2013 [9] .
In 2017, changes were made to the Labor Code of Azerbaijan. [5] According to the amendment, during the termination of the employment contract by layoffs, the employer must also take into account the length of service. Also, the contract can be concluded for an indefinite period or 5 years. [four]
The foundation was laid for an electronic information system under the Ministry of Labor and Social Protection. Any changes that are made to the labor contract are subject to registration and monitoring by the electronic information system at the Ministry of Labor and Social Protection of the Republic. Also, from now on, a number of state documents will be drawn up in writing. On the basis of the Criminal and Administrative Law Codes, penalties for breaking the law were drawn up. [9]
See also
- Azerbaijan
- Labor Code
- Right
- Constitution of the Republic of Azerbaijan
Notes
- ↑ 1 2 Azerbaijan Gender Information Center . www.gender-az.org. Date of treatment August 9, 2018.
- ↑ Labor Code of the Republic of Azerbaijan (Russian) . Date of treatment August 9, 2018.
- ↑ inuendo. CARIM East - Consortium for Applied Research on International Migration . www.carim-east.eu. Date of treatment August 9, 2018.
- ↑ 1 2 Milli Majlis confirmed changes to the Labor Code (Russian) , Reporting News Agency . Date of treatment August 9, 2018.
- ↑ 1 2 Sputnik. New changes in the Labor Code of the AR: the employer is always right . ru.sputnik.az. Date of treatment August 9, 2018.
- ↑ LAW OF THE AZERBAIJAN REPUBLIC On Amending the Labor Code of the Republic of Azerbaijan (en-gb), M & Partners | Korporativ hüquq xidmətləri, Fərdi hüquq xidmətləri . Date of treatment August 9, 2018.
- ↑ Labor Code of the Republic of Azerbaijan (approved by the Law of the Republic of Azerbaijan dated February 1, 1999 No. 618-IQ) (as amended and supplemented as of December 15, ) . Information system PARAGRAPH. Date of treatment August 9, 2018.
- ↑ 1 2 3 The Labor Code of Azerbaijan was amended - Kavkaznews.az (English) , Kavkaznews.az (November 28, 2014). Date of treatment August 9, 2018.
- ↑ 1 2 Labor Code of the AR (Russian) , Oxu.Az (February 4, 2014). Date of treatment August 9, 2018.