1195-VIQD on making Amendments to the Labor Code of the Republic of Azerbaijan (hereinafter referred to as the“ Labor Code”) was adopted.
On June, 2024 Law No. 1195-VIQD on making Amendments to the Labor Code of the Republic of Azerbaijan (hereinafter referred to as the“ Labor Code”) was adopted. It entered into force on August 12, 2024 (hereinafter referred to as the “Amendments”).
The Amendments stipulate that (except for cases where employees hired for relevant positions in state bodies approved by the appropriate executive authority), the employees are no longer required to provide a labor book when entering into a new employment agreement, and the requirement to record information related to an employee’s work activity in the labor book is removed. And, hence only a document confirming employees identity will be required when entering into a new employment agreement.
The information about the employee's labor activity will now be recorded only through the electronic information system.
The employees whose employment contracts were terminated before July 1, 2014, will be determined based on their employment work record
An additional Amendment to the Labor Code is the abolition of the concept of an employment contract notice. Accordingly, labor relations are now considered to have arisen when the employment contract is concluded in electronic document form in the electronic information system all wholly via e-contract i.e. through signing by means of an electronic signature (e.g. Asan Signature or SIMA signature) by both parties in the electronic information system (except for those that which must be concluded in the written form with certain positions as required by Labor Code: (i) certain positions in the state bodies), and (ii) legal representative/director mentioned in the application for electronic state registration of the limited liability company (is automatically formed in electronic document form based on the transmission of information about labor relations between the registered employee and the employer in the electronic information system of the State Tax Service, and must be signed by electronic signature of the parties no later than 3 (three) working days, in this case, the employment agreement will enter into legal force fr om the moment the registration documents are sent to the company's "Online Clerical" system ). Thus, the conclusion and amendment to an employment will take effect after being executed through signing by means of an electronic signature by both parties in the electronic information system.
Also, according to the Amendments (except for cases wh ere employees hired for relevant positions in state bodies approved by the appropriate executive authority), the termination of the employment agreement enters into legal force from the date the relevant order is entered into the electronic information system and signed by the employer with an enhanced electronic signature. At the same time, the termination date cannot be set to a date earlier than the date of signing the order by the employer with an enhanced electronic signature in the electronic information system.
The transition of employment contracts, concluded before the effective date of the amendments, to the electronic document form will be carried out in phases to be determined by the Cabinet of Ministers of the Republic of Azerbaijan.
It is important to note that the notice period for terminating a fixed-term employment contract has been set at a minimum of one week before the expiration of the contract (previously the notice period for termination of fixed-term contract was one week after the expiration).
Should you have any questions please do not hesitate to contact us at mew@mwp.kz; ana@mwp.kz .
The Amendments stipulate that (except for cases where employees hired for relevant positions in state bodies approved by the appropriate executive authority), the employees are no longer required to provide a labor book when entering into a new employment agreement, and the requirement to record information related to an employee’s work activity in the labor book is removed. And, hence only a document confirming employees identity will be required when entering into a new employment agreement.
The information about the employee's labor activity will now be recorded only through the electronic information system.
The employees whose employment contracts were terminated before July 1, 2014, will be determined based on their employment work record
An additional Amendment to the Labor Code is the abolition of the concept of an employment contract notice. Accordingly, labor relations are now considered to have arisen when the employment contract is concluded in electronic document form in the electronic information system all wholly via e-contract i.e. through signing by means of an electronic signature (e.g. Asan Signature or SIMA signature) by both parties in the electronic information system (except for those that which must be concluded in the written form with certain positions as required by Labor Code: (i) certain positions in the state bodies), and (ii) legal representative/director mentioned in the application for electronic state registration of the limited liability company (is automatically formed in electronic document form based on the transmission of information about labor relations between the registered employee and the employer in the electronic information system of the State Tax Service, and must be signed by electronic signature of the parties no later than 3 (three) working days, in this case, the employment agreement will enter into legal force fr om the moment the registration documents are sent to the company's "Online Clerical" system ). Thus, the conclusion and amendment to an employment will take effect after being executed through signing by means of an electronic signature by both parties in the electronic information system.
Also, according to the Amendments (except for cases wh ere employees hired for relevant positions in state bodies approved by the appropriate executive authority), the termination of the employment agreement enters into legal force from the date the relevant order is entered into the electronic information system and signed by the employer with an enhanced electronic signature. At the same time, the termination date cannot be set to a date earlier than the date of signing the order by the employer with an enhanced electronic signature in the electronic information system.
The transition of employment contracts, concluded before the effective date of the amendments, to the electronic document form will be carried out in phases to be determined by the Cabinet of Ministers of the Republic of Azerbaijan.
It is important to note that the notice period for terminating a fixed-term employment contract has been set at a minimum of one week before the expiration of the contract (previously the notice period for termination of fixed-term contract was one week after the expiration).
Should you have any questions please do not hesitate to contact us at mew@mwp.kz; ana@mwp.kz .