AZE - CHANGES TO LABOR LEGISLATION

Considerable changes have been introduced to the Labour Code of Azerbaijan effective August 12, 2024. Thus, as of this date:

(i) It is now being introduced that labor relations which are being concluded based on contract between employer and employee must be immediately reported in a specially formatted electronic document under the government-controlled electronic information system. This means that employment contract shall be concluded in the form of electronic document only (with the exception for some categories of state authorities and their officers), as well as amendments and addendums thereof shall only be made electronically through the same government-controlled portal. For such purposes, employee must have uniquely assigned electronic signature such as ASAN signature, SIMA, e-imza, etc.

PLEASE KINDLY NOTE PREVIOUS READING: Labor relations arise after registration of notice of the employment contract, entered into the electronic information system using enhanced electronic signature and receiving the notice about such registration by the employer. An employment contract shall be executed in writing, as well as any agreed amendments/addendums shall be incorporated into the employment contract in form of separate document which is considered  integral part of the employment contract or by signing new employment contract under newly agreed terms.

(ii) Effective August 12, 2024, it is now becoming possible to access and obtain employment contract data along with certificate of employment including workplace, salary and so on from the government.  The same applies on reference letters indicating employee’s salary, job title, qualification and so on which may be uploaded by employer to employee’s electronic account through the government, should employee so request.

PLEASE KINDLY NOTE PREVIOUS READING: It was possible to receive employment contract date from the government only.

(iii) Other changes also affect probationary (trial) period requirements.  For instance from August 12, 2024 and onwards, before the end of probationary period, one of the parties may terminate the employment contract by notifying the other party in writing  with three days` notice by formal letter or electronically via the government-controlled portal.

PLEASE KINDLY NOTE PREVIOUS READING: Before the end of probationary period, one of the parties may terminate employment contract by notifying the other party in writing with three days` notice in hard copy only.

(iv) Now an employee can also file leave application electronically through the government, as an alternative option.

PLEASE KINDLY NOTE PREVIOUS READING: Employee should provide employer with written application on vacation in hard copy.