Labour law issues and your rights as an employee in Azerbaijan | Employment Law
Nobody may be deprived of a right to work based on discrimination related to citizenship, sex, race, nationality, language, place of residence, economic standing, social origin, age, family circumstances, religion, political views, affiliation with trade unions or other public associations, professional standing, beliefs, or other similar factors.
Employment relationships are mainly regulated by the Labor Code, which sets out labour rights and the rules for exercising the rights.
The Labour Code applies to all entities operating in Azerbaijan, however, it does not apply to expats who signed employment agreement with a foreign legal entity in a foreign country, and work in a Azerbaijani subsidiary or Azerbaijani branch office.
An employment contract must be signed in a written form and comes into force after it is recorded in the online system of the Ministry of Labour and Social Protection of Azerbaijan.
Minimum terms and provisions that the employment contract must include:
Employee’s and employer’s duties and responsibilities, employee’s position, date of start of the contract and of the employment, duration of the contract, job description, employment terms, such as working hours and salary, social insurance certificate number, will the employee's place of work will be the main one or a supplementary workplace,
When a firm makes certain corporate decisions (for ex., redundancies), which are necessary dismissals because the company is closing down or no longer needs as many people as it once did to run its daily operations, it is required to give notice to affected employees in advance.
An employment contract can be terminated on the grounds agreed between the parties in the employment contract, which should not contradict the main principles of labor law and the grounds specified in the Labor Code.
If an employee believes that he/she has been dismissed on non-legitimate grounds, the employee can file a complaint and sue the employer. If the claim is justified, depending on the circumstances, the court might reinstate the employee's employment, order the employer to pay compensation for loss of earnings, and order the employer to pay damages.
Our offices draft employment contracts, register the contracts with e-register, provide counsel on regulations and procedures under local employment regulations. review the employment agreements to ensure that they comply with the local laws and regulations, assist with drafting other necessary employment-related documentation.