AZE - CHANGES RE EMPLOYMENT CONTRACT

Employee rights and obligations:

It has been elaborated by Legislation that employees shall bear full administrative, legal and/or financial responsibility for dissemination of certain categories of personal data, which is being considered confidential in accordance with the Law of the Republic of Azerbaijan «On Personal Data».

Change in employment leading to contract termination:

(i) Employment contract with employee being unable performing his job duties for a period of more than six months due to his/her temporary or permanent disability may now be terminated by employer if there is no possibility of adapting his/her workplace to account for such disability or securing a transfer with different job duties. Written justification for such actions or termination is expected to be on file.

(ii) Termination of an employment contract by mutual consent/agreement of the parties is no longer available.

(iii) Severance payment of those employees called for military service has been increased to a minimum of three monthly wages.

(iv) Employees having refugee/displaced status shall no longer enjoy the preferential treatment when terminating of employment contract. 

(v) Effective the above-mentioned legislation commencement date, even fixed-term employment contract can no longer be terminated with:

• pregnant women and women with child under the age of three, single men providing a child care under the age of three;
• employees whose only income source is the enterprise where they work and who are bringing up children under school age;
• temporarily disabled employees;
• employees with pancreatic diabetes or multiple sclerosis under certain circumstances;
• individuals because they are members of trade unions or political parties;
• workers with dependent family member being with certain disabilities or diagnosed with certain health issues.
• during a period of vacation or business trip or while engaged in union bargaining.