LAW OF THE REPUBLIC OF AZERBAIJAN On Introducing Amendments to the Labor Code of the Republic of Azerbaijan

Guided by paragraph 16 of Part I of Article 94 of the Constitution of the Republic of Azerbaijan, the Milli Majlis of the Republic of Azerbaijan decrees:

Article 1. To introduce the following changes to the Labor Code of the Republic of Azerbaijan (Collected Legislation of the Republic of Azerbaijan, 1999, No. 4, Article 213, 2001, No. 3, Article 143, No. 6, Article 362, No. 11, Articles 672, 679, No. 12, Article 731, 2002, No. 1, Article 2, No. 5, Article 241, No. 6, Article 328, 2003, No. 1, Articles 9, 23, 2004, No. 1, Article 10, No. 2, Article 57, No. 3, Article 133, No. 6, Article 413, No. 7, Article 505, No. 9, Article 672, No. 12, Article 981, 2005, No. 3, Article 151, No. 4, Article 278, No. 7, Article 560, No. 10, Article 874, No. 11, Article 1001, No. 12, Article 1094, 2006, No. 3, Articles 220, 222, No. 5, Article 385, No. 11, Article 923, No. 12, Articles 1004, 1025, 1030 , 2007, No. 5, Articles 401, 437, No. 6, Article 560, No. 8, Article 756, No. 11, Articles 1049, 1053, 2008, No. 3, Article 156, No. 7, Articles 600, 602, No. 10, Article 887, No. 11, Article 960; 2, Article 48, No. 5, Article 294, No. 6, Article 399, No. 12, Articles 949, 969, 2010, No. 2, Articles 70, 75, No. 4, Article 275, 2011, No. 1, Article 11 , No. 2, Articles 70, 71, No. 6, Article 464, No. 7, Article 598, 2012, No. 11, Article 1054; 2013, No. 2, Articles 89, 101, No. 11, Article 1268; 2014, No. 2, Article 92, No. 10, Article 1162, No. 11, Article 1339, No. 12, Article 1527; 2015, No. 2, Article 97, No. 3, Article 250, No. 6, Article 680; 2016, No. 2 (Book I), Articles 190, 201, No. 5, Article 847, No. 11, Article 1767):

 

1.1. Part 1 of Article 45 shall be reworded as follows:

"1. An employment contract is concluded in a terminable and non-terminable forms." A terminable employment contract is concluded for a period agreed upon by the parties. "

1.2. In the second sentence of Part 1 of Article 73, the word "terminable" shall be replaced by the words "terminable, ..., taking into account the fifth part of Article 45 of this Code".

1.3. In relation to the Article 77:

1.3.1. Part 1 shall be reworded as follows:

"1. Given a reduction in the number of employees or general staff reduction, until an employer terminates the employment contract under clause" b "of Article 70 of this Code, an employee must be officially notified by the employer within the following terms, depending on the duration of service (seniority) calculated in accordance with the employment contract (employment contracts), concluded with this employer:

in the presence of seniority of up to one year - not later than two calendar weeks afore;

in the presence of seniority from one year to five years - not later than four calendar weeks afore;

in the presence of seniority from five to ten years - not later than six calendar weeks afore;

in the presence of seniority for more than ten years - not later than nine calendar weeks afore. ";

1.3.2. Part 3 shall be reworded as follows:

"3. Upon termination of the employment contract under clauses" a "and" b "of Article 70, an employer transfers to an employee severance payment in the following proportions, depending on the duration of service calculated in accordance with employment contract (employment contracts) concluded with this employer:

in the presence of seniority of up to one year - in the full amount of medium monthly income;

in the presence of seniority from one year to five years - not less than 1.4 times of the medium monthly income;

in the presence of seniority from five to ten years - not less than 1.7 times of the medium monthly income;

in the presence of seniority exceeding ten years - not less than twice of the medium monthly income."

1.3.3. Part 4 shall be reworded as follows

"4. With the consent of an employee, employer has the right to terminate the employment contract concluded with the employee as follows: by paying the 0.5-fold medium monthly income instead of officially notifying the employee not later than two calendar weeks afore, 0.9-fold medium monthly income instead of officially notifying the employee not later than four calendar weeks afore, the 1.4-fold medium monthly income instead of officially notifying the employee not later than six calendar weeks afore, the two-fold size of the medium monthly income of the employee instead of officially notifying the employee not later than nine calendar weeks afore; in accordance with the first part of this article, paying a lump sum amount which is not less than one-fold medium monthly income of the employee, instead of an established official notification period in accordance with the second part of Article 56 of the given code. In this case, the amount to be paid to employee the employment contract of whom was terminated during the official notice period (this amount also replaces the notification period in accordance with the first sentence of this part) shall be reduced in proportion to the time (period) elapsing from the period of the notification made ";

 

1.3.4. To exclude the fifth part;

1.3.5. In the 6th part, exclude the words "keeping the average salary for a longer period in the period during which the dismissed workers are hired, and also…", after the word "third" add the word "fourth".

 

Article 2. This law shall enter into force since January 1, 2018.

 

 

Ilham ALIYEV,

President of the Republic of Azerbaijan

 

Baku, May 31, 2017