FAQ

The relevant certificate mentioned in paragraph 2 of Article 122 of the Labor Code (the employee uses creative leave on the basis of a certificate issued to him in accordance with the decision of the relevant scientific council) is issued by the Scientific Institution where the person is studying.

According to paragraph 1 of Article 19 of the Labor Code and the Law of the Republic of Azerbaijan "On Trade Unions", membership is carried out on a voluntary basis.

Pursuant to Article 30 of the Labour Code, the procedure and timeframe for drafting and concluding a collective agreement are determined and formalised by mutual consent of the parties. For this purpose, the parties may establish a relevant commission (working group) composed of an equal number of representatives from each side.

The commission (working group) submits the draft collective agreement for discussion by the parties. After the proposals received have been examined, the revised draft is submitted for approval to the general meeting (conference) of the trade union organisation (the labour collective). The draft collective agreement is approved by a majority vote of those present at the meeting (conference).

Following approval of the collective agreement, the parties must sign it within three days. The signed collective agreement and its annexes must be submitted by the employer to the relevant executive authority for information purposes within seven calendar days.

Under subparagraphs (b) and (ç) of Article 70 of the Labour Code, the employer may terminate the employment contract of an employee who is a member of a trade union only with the prior consent of the relevant trade union organization.

Where the employer intends to terminate the employment contract of a trade-union member on any of the grounds specified in paragraph 1 of this Article, the employer must submit a reasoned written request to the trade union organization operating at the enterprise or at the workplace created by the employer as a natural person. Supporting justification documents must be attached to this request.

The trade union organization is required to provide the employer with its reasoned written decision no later than ten days from the date on which the request is received.

The mentioned case is related to wages. It does not apply to travel expenses.

If the fixed-term employment contract expires and the employee has been given a written notice of this in advance (at least one week in advance), the contract shall not be terminated during the period when the employee does not come to work due to vacation. In this case, according to Article 73 of the Labor Code, the employer may terminate the employment contract on the same basis (expiration of the term) on the day the employee returns to work.

The mediation process is terminated in the following cases:

1. when a settlement agreement is concluded between the parties;

2. when the mediator determines that resolving the dispute by mutual agreement of the parties is impossible;

3. when the parties or one of them withdraws from the mediation process;

4. when the duration of the mediation process expires in accordance with Article 24.7 of the Law of the Republic of Azerbaijan “On Mediation,” provided that the parties have not submitted applications to extend the mediation period;

5. when a natural person who is a party dies, or when a legal entity is liquidated or its activity is terminated;

6. when one of the parties is declared dead or missing by a court;

7. when a court determines that one of the parties lacks legal capacity or has limited legal capacity;

8. when a mediator or a mediation organization is removed from membership in the Mediation Council, as well as when a mediator or a mediation organization withdraws from the mediation process (for disputes provided for in Article 28.1 of the Law of the Republic of Azerbaijan “On Mediation,” only if the withdrawal occurs at a subsequent mediation session);

9. when a certificate specified in Articles 29.2 and 29.3 of the Law of the Republic of Azerbaijan “On Mediation” is drawn up.

Pregnant women; women with children under the age of 14; women with children with disabilities; as well as women who have adopted children under the age of 14 or children with disabilities may be engaged in night work, overtime work, work on rest days and non-working holidays, and may be sent on business trips only with their written consent (and, in the case of pregnant women and women with children under the age of three, provided that a medical opinion confirms that no threat exists to the life or health of either the woman or the child).

Pursuant to Article 164 of the Labour Code of the Republic of Azerbaijan, remuneration for work performed on rest days, voting days, non-working public holidays, and the nationwide day of mourning is paid as follows:

1. Under the time-based remuneration system, at not less than double the daily (hourly) tariff rate;

2. Under the piecework remuneration system, at not less than double the piecework rates;

3. For employees receiving a monthly salary:
   – if the work is performed within the monthly working time norm, in addition to the salary, at not less than the amount of the daily (hourly) official wage rate;
   – if the work is performed in excess of the monthly working time norm, in addition to the salary, at not less than double the daily (hourly) official wage rate.

4. At the employee’s request, another rest day may be granted instead of monetary remuneration for work performed on rest days, voting days, non-working public holidays, and the nationwide day of mourning.

During creative leave, the employee is paid the average salary calculated in accordance with Article 177 of the Labour Code. The average salary is determined by dividing the total wages earned over the two calendar months preceding the payment by the number of working days in those months to obtain the daily wage, and then multiplying that amount by the number of days for which the salary is retained.

Pursuant to Article 186.2 of the Labour Code, where an employee wholly or partially fails to perform their labour function, or performs it inadequately, or breaches the obligations prescribed in Article 10 of the Labour Code, as well as those stipulated in the employment contract and internal disciplinary rules, the employer may impose one of the following disciplinary measures:

a) issuing a reprimand;
b) issuing a severe reprimand with a final warning;
c) where предусмотрed in collective agreements, imposing a fine not exceeding one quarter of the monthly wage;
d) terminating the employment contract under subparagraph “ç” of Article 70 of this Code.

As is evident from the above provision, an employee may be fined as a form of disciplinary sanction solely in cases provided for in a collective agreement.

Pursuant to paragraph 3 of Article 144 of the Labour Code of the Republic of Azerbaijan, upon termination of labour relations, no compensation is paid for the additional leave stipulated in Articles 115–117 and 118-1 of the Labour Code, nor for educational and creative leave, as well as social leave.

Pursuant to Article 74 of the Labour Code of the Republic of Azerbaijan, unless a longer period is prescribed by law, where an employee is unable to perform their labour function due to a continuous loss of working capacity lasting more than six months, and it is not possible to adapt the workplace or transfer the employee to lighter duties in accordance with the individual rehabilitation programme.

Pursuant to subparagraph (h) of Article 47 of the Labour Code of the Republic of Azerbaijan, foreigners and stateless persons may be engaged in paid employment within the territory of the Republic of Azerbaijan by concluding a fixed-term employment contract on the basis of a work permit.

When concluding an employment contract, as well as in the course of employment relations, the employer may, at their own discretion, establish working conditions more favorable than those предусмотрено in this Code or in a collective agreement, including higher remuneration, additional leave, reduced or part-time working hours, supplementary individual insurance coverage, social protection and benefits, as well as other additional conditions not limited by any norm. The scope of these additional conditions, the period of their validity and the procedure for their use, as well as their modification, shall be determined by agreement of the parties.

If an employee fails to perform their labour function in full or in part, or performs it inadequately, or violates the obligations предусмотренные in Article 10 of this Code, as well as the duties stipulated in the employment contract and the internal disciplinary rules, the employer may impose one of the following disciplinary sanctions:

a) issue a reprimand;
b) issue a severe reprimand accompanied by a final warning;
c) if provided for in collective agreements, impose a fine not exceeding one quarter of the employee’s monthly wage;
d) terminate the employment contract pursuant to subparagraph “ç” of Article 70 of this Code.

Employees who have disabilities due to reasons connected with the defence of the territorial integrity, independence and constitutional order of the Republic of Azerbaijan, the events of 20 January 1990, the performance of military service duties (official duties), or service at the Chernobyl Nuclear Power Plant; employees awarded the title of war veteran for participating in combat operations in defence of the territorial integrity of the Republic of Azerbaijan; employees who served as military personnel in a country where combat operations were conducted; employees who sustained injuries (wounds, trauma, contusions) in defence of the freedom, sovereignty and territorial integrity of the Republic of Azerbaijan; Heroes of the Patriotic War of the Republic of Azerbaijan; National Heroes of Azerbaijan; Heroes of the Soviet Union; employees decorated with the highest award of the Republic of Azerbaijan, the Istiglal Order, as well as other state awards related to the defence of the sovereignty and territorial integrity of the Republic of Azerbaijan, shall be granted leave of no less than 46 calendar days.

Yes, they may engage in such activity. However, pursuant to sub-clauses 7.2–3.4 of the Labour Code, where the relationship between the parties arises in connection with the performance of work (services) relating to the employer’s principal field of activity, such a relationship is deemed to constitute an employment relationship. From the date on which this circumstance is identified, a written employment contract must be concluded in accordance with Article 7, Part 2 of the Labour Code.

The severance allowance is paid depending on the length of service determined in accordance with the employment contract(s) concluded with that employer:

– up to 1 year of service — in the amount of the average monthly wage;
– from 1 to 5 years — not less than 1.4 times the average monthly wage;
– from 5 to 10 years — not less than 1.7 times the average monthly wage;
– more than 10 years — not less than 2 times the average monthly wage.

If an employee fails to come to work without any explanation, the employer must attempt to contact the employee through all available means of communication and seek information by sending a letter to the employee’s registered and actual place of residence or an electronic notice to the employee’s personal account.

If the employee continues to be absent from work without any valid reason, the employer may treat this as a gross violation of labour duties under Article 72 of the Labour Code of the Republic of Azerbaijan—namely, failure to attend work for the entire working day without any justified reason (except in cases of the employee’s own illness or the illness or death of a close relative)—and may terminate the employment contract accordingly.

Employees working under a reduced working day or a reduced working week in accordance with this Code shall be paid wages in proportion to the time actually worked or to the actual output produced, as well as—by agreement of the parties—in the full amount.

If an employee who has been in an employment relationship for less than 12 calendar months takes leave, their average monthly wage is calculated based on the full calendar months they have actually worked.

Employees must submit a medical certificate regarding their health when concluding an employment contract for jobs involving heavy, harmful, and hazardous working conditions that adversely affect their well-being, as well as in workplaces such as the food industry, public catering, healthcare, trade, and other similar sectors where the protection of public health is required.

The list of such professions (positions) and workplaces with these working conditions is approved by the relevant executive authority.

Persons applying for professions and positions in which individuals living with the human immunodeficiency virus are not permitted to work must undergo mandatory medical testing for the virus upon recruitment and periodic examinations during their period of employment.

This is carried out in accordance with the “List of professions (positions) and workplaces for which a medical certificate on employees’ health is required when concluding an employment contract in jobs involving heavy, harmful, and hazardous working conditions that adversely affect the employee’s health, as well as in the food industry, public catering, healthcare, trade, and similar workplaces for the protection of public health,” approved by Decision No. 1 of the Cabinet of Ministers of the Republic of Azerbaijan dated 3 January 2000.

Provided that, within the reference (accounting) period, the total working time does not exceed the number of working hours established by legislation, aggregated working time accounting may be applied. In such cases, the reference (accounting) period may not exceed one year, and the duration of a working day (shift) may not exceed 12 hours. The procedure for applying aggregated working time accounting is regulated by a collective agreement, by rules determining the working time regime, or by the employment contract. Each year, by the end of December, the competent executive authority determines the production calendar and the standard working time for the following year.

1. On the grounds specified in subparagraphs (b) and (ç) of Article 70 of the Labour Code of the Republic of Azerbaijan, an employer may terminate the employment contract of an employee who is a member of a trade union only with the prior consent of the relevant trade union organization.

2. Where an employer intends to terminate the employment contract of a trade union member on any of the grounds referred to in paragraph 1 of this Article, the employer shall submit a reasoned written application to the trade union organization operating at the enterprise or at the workplace established by a natural person acting as the employer. Supporting documentation justifying the decision shall be attached to the application. The trade union organization must provide the employer with its reasoned written decision no later than ten days from the date of receipt of the application.

Pursuant to subparagraph (c) of Article 74 of the Labour Code of the Republic of Azerbaijan, unless a longer period is prescribed by law, an employment contract may be terminated where the employee has continuously lost working capacity for more than six months, is unable to perform their labour function, and it is not possible, in accordance with the individual rehabilitation programme, to adapt the workplace or transfer the employee to lighter work.

An employment contract may be terminated by the employer on only one of the grounds provided for in Articles 68, 69, 70, 73, 74 and 75 of the Labor Code of the Republic of Azerbaijan. 
An employment contract may not be terminated on two or more grounds at the same time, as well as on grounds not provided for in the legislation, as well as without complying with the rules for terminating an employment contract established by this Code.

Permanent output standards (time standards) and service standards are established for an indefinite period and remain in force until amended. Temporary output standards (time standards) and service standards may be set for a period of up to three months during the освоение of production, equipment, technology, or the organization of production and labour. In certain cases, the period of validity of temporary standards may be extended by the employer with the consent of the trade union organization operating at the enterprise or at the workplace established by a natural person acting as the employer. Upon expiry of the установлен period, temporary standards must be replaced with permanent standards.

Standards for technological changes, accidents, breakdowns, and other similar one-off tasks are determined on a case-by-case basis, provided that no temporary or permanent standards have been established for such work during the time it is being carried out.

In the Republic of Azerbaijan, educators working in state preschool and general education institutions (and, with respect to general education teachers, in other state educational institutions) are subject to certification in accordance with the procedure established by the Law of the Republic of Azerbaijan “On Education” in order to assess their professional competence and suitability. Certification is not conducted for pregnant women, for women who are on social leave until their child reaches the age of three and who have worked in the relevant position (profession) for less than one year after the end of that leave (as well as for men raising a child alone). Persons newly recruited are not subject to certification for a period of three years, nor are individuals who have already undergone certification at least three times. Participation in certification for persons aged 60 and above is voluntary.

In accordance with the Law of the Republic of Azerbaijan “On Education,” failure to pass certification upon re-examination constitutes grounds for the employer to terminate the employee’s employment contract pursuant to subparagraph “c” of Article 70 of this Code, by prohibiting that employee from engaging in pedagogical activity.

No. According to the Labor Code of the Republic of Azerbaijan, an employee may engage in labor activities at other workplaces after the working hours specified at the main workplace, both at the main workplace and on a substitute basis, by concluding an employment contract. In addition, if the employee does not have a main workplace at the time of concluding an employment contract in the EMAS subsystem, it is not possible to conclude an agreement with him on an additional workplace.

If the work book (additional insert) is lost, stolen or becomes unusable, upon reinstatement of the employee, a duplicate of the work book (additional insert) should be issued to the employee at his/her request. In this case, the employee must apply to the employer at the last place of work. The employer must consider this application and resolve it within 15 (fifteen) days. The word “DUPLICATE” is written in large letters on the upper right side of the first page of the new work book (additional insert) issued to the employee. When a duplicate of the work book (additional insert) is issued, the length of service of employees who have had work experience up to that time is determined based on relevant documents and recorded in the duplicate. The duplicate of the work book (additional insert) is filled out according to the general rules.

According to Article 6 of the Labor Code of the Republic of Azerbaijan, it does not apply to: 
a) military personnel;
b) court judges;
c) deputies of the Milli Majlis of the Republic of Azerbaijan and persons elected to municipalities;
d) foreigners who have concluded an employment contract with a legal entity of a foreign country in that country and perform their labor functions in the Republic of Azerbaijan;
d) persons performing work under contracts, assignments, commissions, authorship and other civil-legal agreements.

In the Republic of Azerbaijan, in order to maintain, develop, and assess the professional competence and suitability of employees engaged in practical medical or pharmaceutical activities, they undergo certification through evaluation of their continuous professional development or by taking a certification examination in accordance with the requirements of Article 49-1 of the Law of the Republic of Azerbaijan “On the Protection of Public Health.” Persons admitted to the certification examination may not be asked questions unrelated to their specialization, nor may they be assessed on the basis of their political views or religious beliefs. Certification is not required for pregnant women, for women who are on social leave until their child reaches the age of three and who have worked in the relevant position (profession) for less than one year after the end of that leave (as well as for men raising a child alone). Individuals who hold higher or secondary specialized education in medical or healthcare fields are not required to present a certification certificate for a period of five years from the date on which the relevant professional qualification or academic degree was awarded in accordance with normative legal acts.

Employees who do not possess a valid certification certificate are not permitted to engage in practical medical or pharmaceutical activities. An employee who fails the certification examination may, for a period of six months until passing the repeat examination, undergo professional training at the relevant educational institutions while retaining their position and monthly tariff (official) salary, and may then apply for the repeat certification examination. An employee who again fails the certification examination in accordance with the Law of the Republic of Azerbaijan “On the Protection of Public Health” is prohibited from engaging in practical medical or pharmaceutical activities, and this constitutes grounds for the employer to terminate the employment contract pursuant to subparagraph “c” of Article 70 of this Code.

It is prohibited to terminate the employment contract of women with children under the age of three on the grounds specified in Article 70. This does not apply to cases of termination under Article 70, paragraph "a" (in case of liquidation of the enterprise) of the Labor Code of the Republic of Azerbaijan. In the indicated case, the employee's employment contract may be terminated due to the expiration of the term.

Regardless of the reason and basis for the termination of the employment contract, the employee must be paid compensation for the main vacations of all working years that he did not use until the date of dismissal without any conditions or restrictions.
The average salary paid for the period of vacation is determined based on the average salary for the 12 calendar months preceding the month in which the vacation was granted, regardless of the working year for which it was granted.

Pursuant to Articles 123 and 124 of the Labour Code of the Republic of Azerbaijan, employees studying by correspondence at higher education institutions are granted paid educational leave each academic year for the period during which they perform laboratory work and sit tests and examinations: 30 calendar days in the first and second years, and 40 calendar days in the remaining years. Employees studying by correspondence at secondary specialized education institutions are granted 20 calendar days in the first and second years and 30 calendar days in the other years.

Employees studying by correspondence at higher and secondary specialized education institutions are granted 30 calendar days of paid educational leave during the period of state examinations.

During the preparation and defence of a diploma thesis, employees studying by correspondence at higher education institutions are granted leave for up to four calendar months, while those studying by correspondence at secondary specialized education institutions are granted leave for up to two calendar months.

The leaves provided for in this Article may be used during the periods determined by the educational programmes, on the basis of a certificate issued by the educational institution.

On the basis of the above, employees pursuing correspondence studies at higher education institutions are entitled to the aforementioned paid educational leaves, as well as paid annual leave without regard to the first year of employment pursuant to subparagraph (e) of Part 4 of Article 131 of the Labour Code of the Republic of Azerbaijan, and, at the employee’s request, unpaid leave may also be granted on the basis of subparagraph (g) of Article 130 and Article 129 of the Labour Code of the Republic of Azerbaijan, either at the employee’s request or by mutual agreement of the parties.

Wages shall be paid in an amount not lower than that determined by the employment contract, as well as the amount established on the basis of tariff (position) salaries stipulated in a concluded collective agreement.

The classification of performed work under the relevant tariff (remuneration) rates, as well as the assignment of professional (position) titles and tariff (remuneration) grades to employees, shall be carried out in accordance with the applicable Unified Tariff and Qualification Reference Book. Employees who fulfil labour standards at a higher level and with superior quality shall have their qualification grade increased as a matter of priority or, at the employer’s discretion, ahead of schedule. An employee who has worked at a higher grade for at least three months or has passed qualification examinations has the right to demand that the employer confer upon them a higher qualification grade. Such a demand must be satisfied by the employer.

An employee who commits serious violations leading to breaches of production or technological discipline and deterioration in product quality may have their qualification grade reduced by one level. The reduced grade may be increased in the general manner, but not earlier than three months after the reduction.

An employee whose remuneration grade has been reduced may have their previous grade restored no earlier than three months later, provided positive results are achieved.

With the participation of the trade union organisation, the employer is entitled to conduct employee certification in the prescribed manner and, on the basis of the certification results, to increase or reduce employees’ remuneration grades within the established limits.

Pursuant to Article 186.2 of the Labour Code of the Republic of Azerbaijan, an employer may hold an employee disciplinarily liable—and, in cases предусмотренные by law, subject them to other forms of liability—where the employee fails to fulfil the duties established by the Labour Code of the Republic of Azerbaijan and other normative legal acts, abuses their rights, or fails to perform their contractual obligations. Where an employee wholly or partially fails to perform their labour function, performs it inadequately, or violates the duties stipulated in Article 10 of the Labour Code of the Republic of Azerbaijan, as well as those defined by the employment contract and the internal disciplinary rules, the employer may impose one of the following disciplinary sanctions: issuing a reprimand; issuing a severe reprimand accompanied by a final warning; imposing a fine not exceeding one quarter of the monthly wage, if provided for in a collective agreement; or terminating the employment contract pursuant to sub-paragraph “ç” of Article 70 of the Labour Code of the Republic of Azerbaijan.

When imposing a disciplinary sanction, the employer must take into account the employee’s personality, reputation within the workforce, professional level, and the nature of the offence committed. Prior to applying any of the disciplinary sanctions listed in the second part of this Article, the employee may be warned verbally or in writing. Such a warning does not constitute a disciplinary sanction. The imposition of disciplinary liability on an employer under this Article shall be carried out by the official who is the employer, the owner of the enterprise, or—where the enterprise is state-owned—the relevant executive authority. The employer may be held administratively or criminally liable in accordance with the procedure established by law.

According to Article 190.1 of the Code, a disciplinary sanction (with the exception of the sanction imposed pursuant to sub-paragraph “ç” of Article 186.2) shall remain in force for six months from the date it is imposed. If the employee draws appropriate conclusions from the sanction, performs their labour function at a high level, and does not violate internal labour and disciplinary rules, the employer may revoke the disciplinary sanction ahead of time by their order (instruction, decision) as a form of commendation.

Pursuant to Article 25 of the Law of the Republic of Azerbaijan “On Public Service,” failure by a civil servant to perform assigned duties or to perform them properly, as well as failure to comply with the restrictions established by that Law, shall—unless otherwise provided by law—give rise to disciplinary liability.

The employment record book is opened by the employer for all employees who work for more than five days.

An employee being hired must submit their employment record book and an identity document to the employer. When an employment contract is concluded for the first time, an employment record book is not required.

Employment contracts may be concluded without the presentation of an employment record book with persons holding internally displaced or refugee status, as well as with foreigners and stateless persons (unless otherwise provided for by legislation).

The employment record book measures 10 cm × 14 cm and has a green cover. It consists of four sections: the first section is the cover, the second section is the title page, the third section contains information about employment, and the fourth section contains information on the assignment of a pension.

“The form of employees’ employment record books and the procedure for filling them in” was approved by Resolution No. 156 of the Cabinet of Ministers of the Republic of Azerbaijan dated 12 May 2025.

Pursuant to Article 16 of the Labour Code of the Republic of Azerbaijan, in labour relations any direct or indirect discrimination between employees on the grounds of citizenship, sex, race, religion, ethnic origin, language, place of residence, property status, origin, age, marital status and family responsibilities, beliefs, political views, membership in trade unions or other public associations, official position, as well as other factors unrelated to the employee’s professional qualities, competence, or work performance, is strictly prohibited, as is the establishment of privileges or benefits and the restriction of rights directly or indirectly on such grounds.

Except for occupations and positions in which persons living with the human immunodeficiency virus are legally prohibited from working, it is forbidden to refuse to hire, to promote, or to dismiss a person on the basis of HIV infection. Where an employer becomes aware that an employee is living with HIV, that information must not be disclosed.

Refusing to conclude an employment contract or terminating an employment contract on the grounds that a person has multiple sclerosis is impermissible, except where the employer has no suitable job (position) available or where such persons are legally barred from being employed in particular workplaces.

Except in cases where the health condition of a person with a disability prevents the performance of professional duties or poses a danger to the health and occupational safety of others, it is prohibited to refuse to conclude an employment contract with such a person, to deny promotion, to terminate the employment contract, or to transfer them to another job (profession or position) without their consent on the grounds of disability.

The establishment of benefits, privileges, and additional guarantees in labour relations for women, persons with disabilities, employees with family responsibilities, persons under 18 years of age and other individuals in need of social protection, as well as specialists working in territories liberated from occupation in the Republic of Azerbaijan, shall not be regarded as discrimination.

During the course of labour relations, an employer or other individual who permits discrimination of the type specified in the first part of this Article shall bear the corresponding liability in accordance with the procedure established by legislation.

An employee who has been subjected to discrimination may apply to a court seeking restoration of their violated rights.

Pursuant to Article 51 of the Labour Code of the Republic of Azerbaijan, an employment contract may be concluded with a probationary period in order to verify the employee’s professional competence and ability to perform the relevant labour function. In employment contracts concluded for a term of up to six months, the probationary period may not exceed two weeks, while in other employment contracts it may not exceed three months, and this period consists solely of the time during which the employee actually performs their labour function. Periods during which the employee temporarily loses working capacity, as well as periods of absence from work with preservation of the workplace and average wage, are not included in the probationary period. An employment contract in which no probationary period is specified is deemed to have been concluded without probation.

Pursuant to Article 52 of the Code, a probationary period is not established for persons under the age of 18; for those who occupy a relevant position through a competitive selection process; for pregnant women and women with children under three years of age, as well as men who are single parents of children under three years of age; for persons employed for the first time in their field of specialization (profession) in the year of graduating from an educational institution; for persons elected to paid elective positions; for persons with whom an employment contract is concluded for a period of up to two months; and in other cases determined by agreement of the parties.

Pursuant to Article 53 of the Code, until the expiry of the probationary period, either party may terminate the employment contract by giving the other party three days’ prior written notice (on paper or via an electronic information system). If, by the end of this period, neither party has requested termination of the employment contract, the employee is deemed to have passed probation. From the moment the employee is deemed to have passed probation, the employment contract may be terminated only on the grounds and in accordance with the procedure established by the Labour Code of the Republic of Azerbaijan. An employee who fails to prove suitable during the probationary period may have their employment contract terminated by a reasoned order of the employer.

According to Article 176.2 of the Labour Code of the Republic of Azerbaijan, when amounts are deducted from wages on the basis of multiple enforcement documents, in all cases fifty percent of the employee’s wage must be retained.

For insured persons working for policyholders that are not engaged in the oil and gas sector and belong to the non-state sector, compulsory state social insurance contributions on monthly income from salaried employment have been paid, for a seven-year period starting from 1 January 2019, at the following rates:

When the monthly income subject to insurance contributions is up to 200 manats, the social insurance contribution rate is:

3 per cent (withheld from the insured person’s income) + 22 per cent (paid at the expense of the policyholder) = a total of 25 per cent.

When the monthly income subject to insurance contributions exceeds 200 manats, the social insurance contribution rate is:

6 manats (withheld from the insured person’s income) plus 10 per cent of the portion exceeding 200 manats;

44 manats (paid at the expense of the policyholder) plus 15 per cent of the portion exceeding 200 manats = a total of 25 per cent.

Insurance tariffs for unemployment insurance are determined at the following percentage rates:

– the insurance contribution paid by the policyholder: 0.5 per cent of the calculated payroll fund;

– the insurance contribution paid by the insured person: 0.5 per cent of the employee’s wage.

A disciplinary sanction may be imposed solely by the employer who is authorised to conclude an employment contract with the employee, amend its terms, and terminate it. Unless otherwise stipulated in the enterprise’s charter (articles of association), the employer may, by order (directive or decision), delegate the authority to impose disciplinary sanctions on employees to one of their deputies or to the head of a structural subdivision located outside the enterprise. Such an order (directive or decision) must substantiate the reasons for delegating the authority to impose disciplinary sanctions to another official and clearly define the scope of that authority. If, in breach of these rules, such a sanction is imposed by an official who is not empowered to do so, their order (directive or decision) shall be regarded as legally void and invalid (without legal effect).

Where an employee is absent from the workplace for a specific reason, the performance of their labour function by another person is permitted by mutual consent of the parties. In such cases, remuneration shall be paid in accordance with the procedure prescribed in Article 162 of the Labour Code of the Republic of Azerbaijan. The assignment of labour functions for a vacant position is allowed only with the employee’s consent.

If an employee simultaneously performs both their own duties and those of a vacant position, they must be paid a salary supplement amounting to no less than half of the remuneration (official salary) stipulated for the vacant position. The performance of labour functions for a vacant position may be assigned to an employee for a period not exceeding three months. Upon expiry of this period, either the substitute employee is transferred to that position with their consent, or the two positions are combined and a new employment contract is concluded in connection with the expansion of the substitute employee’s labour functions, or a new employee is recruited for the vacant position.

If the labour functions of a vacant position are of the same nature as those of an occupied position, the employee holding the occupied position may, with their consent, remain in their post and additionally be appointed to the vacant one. In such a case, the employee shall receive an additional payment amounting to no less than half of the remuneration (official salary) prescribed for the vacant position.

If the labour functions of a vacant position are of the same nature as those of a non-vacant position, the employee occupying the latter may, with their consent, remain in their post and additionally be appointed to the vacant one. In such a case, the employee shall be paid a salary supplement amounting to no less than half of the remuneration (official salary) stipulated for the vacant position.

An employer may temporarily suspend an employee from work during the relevant working hours in order to protect the interests of the owner and employees, prevent possible violations of occupational safety rules, and ensure labour discipline in the following cases:

a) where the employee arrives at work in a state of intoxication after consuming alcoholic beverages, narcotic drugs, psychotropic, toxic or other poisonous substances, or becomes intoxicated at the workplace after starting work by consuming such beverages or substances;

b) where, in the cases specified in Article 226 of this Code, the employee refuses to undergo a mandatory medical examination or fails to comply with the recommendations issued by medical commissions on the basis of the examination results, as well as where contraindications to performing labour functions are identified in the medical opinion issued in connection with the mandatory medical examination;

c) where, during working hours and directly at the workplace, the employee commits administrative offences or socially dangerous acts constituting a criminal offence, as confirmed by a decision of the competent authority;

ç) where an employee working in professions or positions in which persons living with the human immunodeficiency virus are not permitted refuses to undergo the mandatory periodic medical examination for the human immunodeficiency virus;

d) where the employee refuses to participate in occupational safety training and knowledge assessment conducted in accordance with the established procedure;

e) where the employee obstructs the investigation of a breach of labour duties.

Both at the moment an employment contract is concluded and in the course of labour relations, the employer may enter into a written agreement on full material liability with employees who are over 18 years of age and who directly perform work or provide services related to the safekeeping, processing, sale, transportation, use, or other operations involving property or other valuables entrusted to them.

Depending on the nature of the work performed or services rendered, where it is not possible to determine the degree of material liability of each member of a group involved in the safekeeping, processing, sale, transportation, use, or other operations with the entrusted property or valuables, nor to conclude individual written agreements on full material liability with them, a collective (brigade) liability agreement may be concluded.

Where no agreement on full material liability has been concluded, the employee, except in cases involving culpable acts constituting a criminal offence, bears material liability for damage caused to the employer only up to the amount of their average monthly wage.

If the damage was caused by the employee in circumstances giving rise to full material liability, and the amount exceeds the employee’s average monthly wage, and the employee refuses to compensate it voluntarily, the damage may be recovered through court proceedings at the employer’s request.

The employer may adopt internal disciplinary rules in order to supervise the fulfilment of the parties’ obligations under employment contracts and concluded collective agreements, ensure compliance with labour legislation, and maintain labour discipline. Internal disciplinary rules must be drafted in accordance with this Code and other normative legal acts governing labour law. Any provisions of internal disciplinary rules that contradict such normative legal acts, as well as the legal consequences of their application, shall be deemed invalid.

Note: One of the employee’s principal obligations under an employment contract is to comply with labour discipline and internal disciplinary rules. One of the employer’s principal rights is to subject employees to disciplinary liability in the manner prescribed by law when they breach the terms of the employment contract or internal disciplinary rules. The employer may reward employees who distinguish themselves through compliance with labour and executive discipline, or impose disciplinary measures on employees who violate internal disciplinary rules.

Article 73 of the Labour Code of the Republic of Azerbaijan regulates the procedure for termination of a fixed-term employment contract. A fixed-term employment contract is terminated upon expiry of its term.

If, at least one week before the expiry of the fixed term, neither party notifies the other in writing (on paper or through an electronic information system) of the intention to terminate the contract due to the expiration of its term, the employment contract shall be extended for the period specified in the contract or, in the cases stipulated in Article 45.5 of the Labour Code, shall be deemed indefinite.

Where the term of a fixed-term employment contract expires during a period in which the employee is absent from work for valid reasons (such as illness, business travel, or leave, as well as in cases provided for in Article 179 of the Labour Code where the job position and average salary are retained), and the employee has been duly notified in accordance with Part 1 of this Article, the employer may terminate the contract on the day the employee returns to work.

In accordance with paragraph 5.4 of the Resolution No. 185 of the Cabinet of Ministers of the Republic of Azerbaijan on the implementation of a comprehensive program on the problems of persons with disabilities in the Republic of Azerbaijan, with the consent of the labor collectives, the wages (tariff rate) of persons working in the collective due to a 31-60 percent violation of the functions of the body or whose disability is determined under the age of 18 may be increased by 10-15 percent compared to other employees, and the wages of persons due to a 61-100 percent violation of the functions of the body or whose disability is determined under the age of 18 may be increased by 20-25 percent.

The mediation process is terminated in the following cases:

1. when a settlement agreement is concluded between the parties;

2. when the mediator determines that it is impossible to resolve the dispute by mutual agreement of the parties;

3. when the parties or one of them withdraws from the mediation process;

4. when the mediation period expires in accordance with Article 24.7 of this Law, provided that the parties have not requested an extension of the mediation process;

5. when an individual party dies, or a legal entity is liquidated or ceases its activities;

6. when one of the parties is declared deceased or missing by a court;

7. when one of the parties is declared legally incapacitated or of limited legal capacity by a court;

8. when the mediator or the mediation organization is removed from membership of the Mediation Council, or when the mediator or the mediation organization withdraws from the mediation process (in disputes предусмотренные in Article 28.1 of this Law, only if the withdrawal occurs at a subsequent mediation session);

9. when a certificate specified in Articles 29.2 and 29.3 of this Law is issued.

2.2. Within three days from the date on which the mediator becomes aware of the circumstances provided for in Articles 32.1.2–32.1.8 of this Law, the mediator shall draw up and sign a protocol on the termination of the mediation process. The protocol on termination of the mediation process shall be prepared and signed by the mediator and submitted to the parties (their representatives) within one day from the date of signing. Confidential information relating to the mediation may not be included in the protocol. The form of the protocol shall be determined by the Mediation Council.

2.3. Copies of the protocol shall be prepared in accordance with the number of parties and the bodies (institutions) to which it is to be submitted. One of the parties shall submit the copy of the protocol intended for the relevant body (institution) within one working day from the date on which that copy is delivered to them.

2.4. The mediation process shall be deemed terminated as of:

2.4.1. the date on which the settlement agreement is signed;
2.4.2. the date on which the certificate provided for in Article 32.1.9, or the protocol provided for in Articles 29.6 or 32.2, is delivered to the parties.

2.5. The mediation process may be resumed in accordance with Article 21 of this Law.

An employee may terminate an employment contract by giving the employer one calendar month’s prior written notice (on paper or via an electronic information system). After one calendar month has elapsed from the date of submission of the application, the employee has the right not to report to work and to demand final settlement of accounts. In such a case, the employer is obliged to satisfy the employee’s demands.

An employee who has submitted an application for termination of the employment contract and has not indicated in that application the date on which they wish to end the employment relationship may, at any time before the expiry of the notice period, withdraw the application or submit a new application declaring it invalid. In that case, the employment contract may not be terminated, provided that the employer has not officially notified the employee in writing (on paper or via an electronic information system) that a new employee has been hired for that position (profession).

Once the employment contract has been terminated in compliance with the rules established by this article, any subsequent request by the employee to withdraw the earlier application or to declare it invalid has no legal effect.

If, one month after receipt of the application, the employer fails to dismiss the employee by issuing the appropriate order, the employer’s actions are deemed unlawful (provided that no criminal case has been initiated against the employee, no criminal investigation is under way, and no court proceedings are pending). If the employer still does not issue the dismissal order after that period, the employee may apply to the State Labour Inspection Service under the Ministry of Labour and Social Protection of the Population of the Republic of Azerbaijan, whose officials may take appropriate measures against the organization. The employee also has the right to apply to the courts in addition to applying to the State Labour Inspection Service under the Ministry of Labour and Social Protection of the Population of the Republic of Azerbaijan.

The Labor Code of the Republic of Azerbaijan does not provide for any specific provision regarding this issue.

1. When concluding an employment contract, as well as in the process of employment relations, the employer may, at its discretion, establish higher wages, additional vacation periods, reduced or part-time working hours, additional personal insurance amounts, social security and benefits, as well as other additional conditions not limited by any norms, than the conditions of employment conditions provided for in this Code or in a collective agreement. The scope, validity period and rules for their use, as well as their amendment, are determined by agreement of the parties.
2. Additional conditions of employment conditions related to the performance of labor functions in the form of remote work are determined by mutual agreement of the parties in an employment contract.

Under Article 89 of the Labour Code of the Republic of Azerbaijan, full working time and its duration mean the period determined for employees to perform their labour functions within the weekly and daily working hours stipulated by the Labour Code. The normal daily working time may not exceed eight hours. The corresponding normal weekly working time based on the daily standard may not exceed 40 hours.

Under Article 90 of the Labour Code of the Republic of Azerbaijan, full weekly working time is normally established as a five-day working week with two rest days. Depending on the nature of production, work, services, and working conditions, the employer or the relevant executive authority may establish a six-day working week within the limits of full weekly working time. In a six-day working week, where the weekly norm is 40 hours, daily working time may not exceed seven hours; where the weekly norm is 36 hours, daily working time may not exceed six hours; and where the weekly norm is 24 hours, daily working time may not exceed four hours.

Under Article 91 of the Labour Code of the Republic of Azerbaijan, reduced working time may be established for certain categories of employees, taking into account their age, health, working conditions, the nature of their labour functions, and other circumstances, in accordance with the Labour Code, relevant normative legal acts, and the terms of employment contracts and collective agreements. Reduced working time may not exceed 24 hours per week for employees under the age of 16, and 36 hours per week for employees aged 16 to 18, for employees whose disability has been assessed at 61–100 per cent impairment of bodily functions, as well as for pregnant women, women with children under one and a half years of age, and parents raising children under three years of age on their own.

Pursuant to Article 97.2 of the Labour Code of the Republic of Azerbaijan, in workplaces classified by the relevant executive authority as involving heavy and hazardous working conditions, as well as in jobs of a special nature, where at least half of the daily working time falls during night hours, the portion of working time that coincides with night work is reduced by one hour.

1. Employees who, for health reasons, require lighter work must, with their consent and in accordance with a medical opinion, be transferred by the employer to suitable lighter duties on a temporary or permanent basis.

2. In accordance with a medical opinion, production or service norms for pregnant women are reduced, or they are transferred to lighter work that excludes exposure to harmful production factors.

3. If women with children under one and a half years of age experience difficulties in feeding or breastfeeding their child while performing their labour functions, the employer must, upon the woman’s application, transfer her to other lighter work until the child reaches one and a half years of age or ensure that the necessary conditions for feeding the child are provided.

4. In the circumstances предусмотрed in the fifth and sixth paragraphs of Part 1 of Article 211 of the Labour Code—namely, where pregnant women or women with children under one year of age are prohibited from working in hazardous and heavy industries, professions (positions), or underground work, and from being exposed at the workplace to harmful production factors—the employer must transfer such women to lighter work until those circumstances are eliminated.

Pursuant to Article 133.3 of the Labour Code of the Republic of Azerbaijan, annual paid leave may be granted, at the employee’s request, at a time convenient for them to the following categories of workers:

– women with two or more children under the age of 14 or with a child with a disability;
– a parent or guardian who single-handedly raises children under the age of 16;
– the spouse of a serviceman or servicewoman;
– persons with disabilities;
– war veterans;
– persons whose health was impaired or who contracted radiation sickness as a result of exposure to radiation while eliminating the consequences of the accident at the Chernobyl Nuclear Power Plant;
– employees under the age of eighteen;
– persons who combine work with education;
– employees with special merits referred to in Article 120 of this Code;
– employees working at a secondary place of employment who are taking leave from their main workplace;
– employees working at their main workplace who are taking leave from their secondary place of employment.

Regardless of the length of service, annual leave shall also be granted at the employee’s request during the period when their spouse is on maternity leave.

1. Whether at the time an employment contract is concluded or in the course of the employment relationship, the employer may enter into a written agreement on full material liability with employees who have reached the age of eighteen and who perform work or provide services directly connected with the storage, processing, sale, transportation, use, or other operations involving property or other valuables entrusted to them.

2. Depending on the nature of the work performed or services rendered, where it is impossible to determine the degree of material liability of each member of a particular collective, or to conclude individual written agreements on full material liability with them in connection with the storage, processing, sale, transportation, use, or other operations involving property or other valuables entrusted by the employer, a collective (brigade) liability agreement may be concluded.

3. The list of employees and types of work (services) with whom written agreements on full material liability must be concluded, as referred to in the first and second parts of this article, shall be determined by the employer.

4. Where no agreement on full material liability has been concluded, except in cases involving culpable acts constituting a criminal offence, the employee shall bear material liability for damage caused to the employer only up to the amount of their average monthly wage.

In accordance with Article 125.4 of the Labor Code, men are granted paid leave for a total of 14 calendar days during the prenatal and postpartum periods based on a certificate from a medical institution in connection with the birth of a child.

An employment contract may remain in force, be amended, or be terminated. Pursuant to Parts 1 and 2 of Article 63 of the Labour Code of the Republic of Azerbaijan, when ownership of an enterprise changes, all employment contracts concluded between the former owner and employees—except for those employees specified in Part 2 of this article—and the terms thereof shall be preserved by the new owner. These employees’ employment contracts may be terminated, in compliance with the established procedures, on the relevant grounds provided for in Articles 70, 73, and 75 of the Labour Code of the Republic of Azerbaijan.

In connection with the change of ownership, the new owner may terminate the employment contracts of the employer (director) of the enterprise, their deputies, the chief accountant, and other heads of structural units who directly perform management functions, on the basis of subparagraph “ç” of Article 68 of the Labour Code of the Republic of Azerbaijan, or may amend the terms of their employment contracts in accordance with the procedure set out in Article 56 of the Labour Code of the Republic of Azerbaijan. For further details, reference may be made to Article 63 of the Labour Code of the Republic of Azerbaijan.

Pursuant to Article 58 of the Labour Code of the Republic of Azerbaijan, where the terms of the employment contract permit, an employee may, after the working hours established at their principal place of employment, engage in labour activity both at the main workplace and at other workplaces by concluding employment contracts on a secondary-employment (moonlighting) basis. The duration of working time under secondary employment shall, by agreement of the parties, not exceed half of the norm established in Article 89 of the Labour Code of the Republic of Azerbaijan.

With the exception of the cases specified in Parts Five and Six of this article, all norms, rules, and provisions established by labour legislation apply without restriction to employees performing work under secondary employment at an additional workplace. If an employee works at their principal place of employment in hazardous, dangerous, or health-damaging working conditions, they may not engage in secondary employment at another workplace with the same working conditions.

Employees under the age of 18 may engage in secondary employment at an additional workplace only if the total of their daily working hours at both the main and additional workplaces does not exceed the reduced working time established for them under Article 91 of the Labour Code of the Republic of Azerbaijan.

In cases directly provided for by law, the right to work at an additional workplace by concluding a secondary-employment contract under this article does not extend to certain authorised officials of state bodies.

In order to verify employees’ professional competence and to determine whether they correspond to the position (profession) they occupy in accordance with their qualifications and trade, all employees—except those specified in Article 66 of the Labour Code of the Republic of Azerbaijan—may be subject to attestation. Each employee may undergo attestation no more than once every three years, and scientific workers no more than once every five years.

By order (instruction) of the employer, an attestation commission is established to conduct the attestation, composed of experienced and highly qualified individuals distinguished by their objectivity and impartiality, as well as a representative of the trade union organisation. The employer and the employee’s immediate supervisor at the relevant workplace may not be members of the attestation commission.

The attestation commission must consist of at least five members and, in all cases, its numerical composition must be odd. The term of office of the commission is determined by the relevant order (instruction, decision) establishing it.

Members of the attestation commission may ask the employee only questions related to the position (profession) held, labour function, qualifications (profession), the work performed and its results, as well as matters within the scope of the rights and duties defined by the employment contract that are necessary to determine suitability for the position (profession). Assessing an employee’s professional competence on the basis of their political views, moral or ethical qualities, personality, beliefs, or other purely personal values—including the degree of discipline—is impermissible. When determining whether an employee is suitable for the position held, account shall be taken of the results of professional training, acquisition of a new specialty, and advanced qualification training over the preceding five years.

5-1. Where an employee who has reported corruption-related offences undergoes attestation, the relevant official or representative of the structural unit designated within the authority, enterprise, or organisation to receive such reports must participate in the meeting of the attestation commission.

6. The work of the attestation commission must be conducted transparently, objectively, impartially, and in compliance with the requirements of legislation. The commission shall adopt its decision by a majority vote, either by secret or open ballot. The wish of representatives of the labour collective of the relevant workplace to attend the commission’s meeting as observers must be accommodated.

7. The attestation commission shall adopt only one of two decisions: that the employee corresponds to the position (profession) held or does not correspond to it. At the same time, in its decision the commission may recommend to the employer whether it is expedient to utilise the employee in another position (profession).

8. Other rules governing the conduct of attestation of employees under this article are regulated by a normative legal act approved by the relevant executive authority.

Note: In Parts 5-1 of Article 65 and Part 4 of Article 187 of the Labour Code of the Republic of Azerbaijan, the term “authority, enterprise or organisation” shall mean state and municipal bodies, legal entities owned by the state or municipality or in which the controlling block of shares belongs to the state or municipality, as well as budgetary organisations.

According to the Labor Code of the Republic of Azerbaijan, an employee who has submitted an application for termination of an employment contract may withdraw his application at any time before the expiration of the notice period or submit a new application to the employer to consider it invalid. In this case, the employment contract cannot be terminated. Provided that the employer has not officially notified the employee in writing (on paper or via an electronic information system) about the appointment of a new employee to the same position (profession).

Wages for work performed on days off, voting days, public holidays that are not considered working days, and national mourning days are paid as follows:

• in the time-based wage system, not less than twice the daily (hourly) tariff wage; 
• in the piece-rate wage system, not less than twice the hourly wage;
• for employees receiving a monthly salary, if the work was performed within the monthly working time norm, not less than the daily (hourly) official salary in addition to the salary, if the work was performed outside the monthly working time norm, not less than twice the daily (hourly) official salary in addition to the salary.

According to Article 140.1 of the Labor Code, when calculating the average salary for the period of leave, months not worked or not fully worked due to being on partially paid social leave or unpaid leave not initiated by the employee, as well as idleness through no fault of the employee, are replaced with the nearest fully worked calendar months.

Regardless of the severity of an accident occurring in production, the employer is obliged, on the same day the incident takes place, to immediately notify the local unit of the State Labour Inspectorate Service (or directly the central apparatus of the State Labour Inspectorate Service) in order for an investigation to be conducted, as well as the Ministry of Emergency Situations (where the accident has occurred as a result of an incident at a high-risk facility). At the same time, the superior central executive authority and the Confederation of Trade Unions of the Republic (if the employees are members of that trade-union organisation) must be informed, and within three working days from the date of the accident the insurer must also be notified.

Investigations into accidents (incidents) resulting in serious injury, involving a group of persons, or causing the death of one worker are carried out by a Commission established by order of the Head of the State Labour Inspectorate. The Commission is chaired by the chief labour inspector or a labour inspector of the State Labour Inspectorate or its local body. The composition of the Commission is determined by the State Labour Inspectorate or its local body in agreement with the management of the enterprise and its superior authority, and is formalised and announced accordingly.

Holidays that are not considered working days and that fall within the period of leave, national mourning days and voting days are not considered working days and are not paid, but the duration of the leave is extended by the number of these days. In this case, when the Eid al-Adha and Ramadan holidays coincide with another holiday that is not considered a working day and this happens during the period of leave, the overlapping days are counted as one day.

The employer may conduct an accounting transaction to deduct the amount within one month from the date of the expiration of the period established for the repayment of the advance, the date of payment of the debt, or the date of payment of the incorrectly calculated amount due to incorrect mathematical calculations. After this period, these amounts cannot be deducted from the employee. However, they can be deducted based on the employee's written consent.

According to Article 77, Paragraph 7 of the Labor Code of the Republic of Azerbaijan, it is paid in the amount of at least three times the employee's average monthly salary.

Under Article 131 of the Labour Code, an employee acquires the right to use annual leave for the first working year after completing six months of work from the moment the employment contract is concluded. Irrespective of the date on which the employment contract was concluded, persons pursuing education may use annual leave in their first working year.

As stated in Article 124 of the Labour Code, employees studying in correspondence divisions of higher education institutions are granted leave during each academic year for the periods in which they carry out laboratory work and sit tests and examinations—30 calendar days in the first and second years and 40 calendar days in subsequent years; employees studying in correspondence divisions of secondary specialised education institutions are granted 20 calendar days in the first and second years and 30 calendar days in other years.

Employees studying in correspondence divisions of higher and secondary specialised education institutions are granted 30 calendar days of leave during the period of state examinations.

During the preparation and defence of a diploma thesis, employees studying in correspondence divisions of higher education institutions are granted leave of up to four calendar months, while those studying in correspondence divisions of secondary specialised education institutions are granted leave of up to two calendar months.

Employees studying at vocational education institutions without interruption from production are granted 30 calendar days of leave in the academic year to prepare for and sit examinations.

Employees studying in correspondence groups of general education institutions are granted 20 calendar days of leave in graduating classes in order to take their examinations.

The leaves provided for in this Article may be used during the periods determined by the education programmes, on the basis of a certificate issued by the educational institution. Apart from the leaves listed above, the Labour Code does not provide for other types or durations of leave for persons studying in full-time programmes.

No, according to Article 69 of the Labor Code, an employee may terminate an employment contract by notifying the employer in writing (on paper or via an electronic information system) one calendar month in advance.

According to Article 69 of the Labor Code, the employment contract may be terminated on the day indicated in the application if the employee retires due to age or disability, enters an appropriate educational institution to continue his/her education, moves to a new place of residence, has a written (paper or electronic) consent to enter into labor relations with another employer, is subjected to sexual harassment, and also if the employee's spouse serves in a diplomatic mission or consulate or is sent by the relevant authority to work for an international organization abroad.

According to Article 61 of the Labor Code, the assignment of labor functions for a vacant position is allowed with the employee's consent. If an employee simultaneously performs labor functions for both his own and the vacant position he is replacing, then he must be paid an additional salary of not less than half of the salary (position salary) intended for the vacant position.

According to Article 113 of the Labor Code: If an employee has the right to leave for two working years during a calendar year, he may use the leave for both working years together or separately in that calendar year. Also, according to Article 135.2 of the Labor Code, if an employee does not use his leave for any reason in the relevant working year, he shall be paid compensation for the unused leave for that working year (working years) in the prescribed manner and amount.

Pursuant to Article 116 of the Labour Code, additional leave granted on the basis of length of service (including working conditions) is not provided to the categories of employees listed in Article 120 of the Labour Code—namely:

employees who have acquired a disability as a result of defending the territorial integrity, independence, and constitutional order of the Republic of Azerbaijan;
those affected by the events of 20 January 1990;
persons who became disabled while performing military service duties or while carrying out military service duties at the Chernobyl Nuclear Power Plant;
employees awarded the title of war veteran for participation in combat operations conducted in defence of Azerbaijan’s territorial integrity;
former servicemen who performed military service in countries where combat operations were conducted;
employees who sustained injuries (wounds, trauma, concussion) in defence of Azerbaijan’s freedom, sovereignty, and territorial integrity;
National Heroes of Azerbaijan;
Heroes of the Soviet Union;
individuals awarded Azerbaijan’s highest state distinction, the Istiglal Order;
as well as employees decorated with other state awards related to the defence of Azerbaijan’s sovereignty and territorial integrity—

all of whom are entitled to leave of no fewer than 46 calendar days.

The employment contract of an employee whose employment is deemed unsuitable for the position held by the attestation commission may be terminated by the employer in accordance with paragraph “c” of Article 70 of this Code, in accordance with the rules stipulated in Article 71. The Labor Code does not provide any exemption in this regard.