Labour legislation of Azerbaijan is mostly characterized by favoring employees’ rights that makes of importance to pay special attention to the employment contract and parties’ mutual agreement. Especially, some cases where the boundaries of labor and civil law are so blurred that professional approach needed for solutions necessary for the needs of the employer and (or) employee.
Employment Code and Labor regulations in Azerbaijan
Employment laws in Azerbaijan strictly regulation work regime and conditions, specifying minimum standards as a requirement for employers. Employer and employee may agree upon more favorable conditions for the employee via employment agreement; however, any agreement on restricting these mandatory standards is null and void.
Work regime, annual leave, minimum salary, maximum work hours, termination conditions and compensation are among the many issues regulated by the Employment Code of Azerbaijan.
By the Employment Code of the Republic of Azerbaijan and the Constitution of Azerbaijan daily normal working hours may not exceed eight hours. The standard workweek is composed of 5 workdays. Depending on the nature of the industry, service, and terms of employment, an employer may establish a six-workday week with one day off within weekly working hours.
Minimum annual leave is 21 days, for specialist positions, the Employment Code specifies 30 days, with additional days of leave added to the annual leave period considering the experience of the employee.
The employer shall provide safe employment conditions for the employees and provide workplace mandatory insurance.
The Employment Code strictly lists grounds for terminating the contract by the employee and the employer. All of the termination procedures and requirements shall be followed in order to avoid any potential claim or loss.
Employment and labor law consultancy
CLC’s Labor and Employment team provides its clients with customized preventive and consultative services, as well as in administrative and judicial litigation. Among the areas where we work are:
- Preparation and analysis of employment contracts/employment agreements, and other legal documents such as collective bargaining agreements, internal policies (Code of Ethics and etc.);
- Non-soliciation and non-compete agreements with the employees;
- Agreement on non-disclosure of confidential information;
- HR management consulting;
- Payroll and Outsourcing Services;
- Advice on foreign employment contracts and expatriation of employees;
- Representation of parties in employment disputes;
- Preparation of defense in legal proceedings and a personalized follow-up on cases at all courts;
- Flexible solutions for hiring personnel with best possible cost-saving options;
- Legislation compliance as a consequence of employment;
- Establishing payment matrix systems;
- Drafting HR Policy and Procedures;
- Attestation of employees; wrongful discharge of employees;
- advising on other employment-related issues.
Furthermore, we provide legal support for job-seekers and employers for obtaining work permit, or consultancy for work permit exemption, as well as an application for residency based on work or work permit exempted operations.
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