Labor relations, that is, the employment contract, the employment contract notice, and the termination of the employment contract, are governed by labour legislation. Legal services related to the regulation of these relations are ensured by legal norms.
According to the law, an employment contract is a written agreement reflecting the basic terms of the employment relationship between the employer and the employee, the rights and obligations of the parties. The Labor Code establishes the procedure for concluding an employment contract.
Thus, according to Article 42 of the Labor Code, labor contracts are freely concluded. No one may be forced to conclude an employment contract unless he or she wants it.
Any person who has reached the age of fifteen may be a party to the employment contract as an employee. It is not allowed to conclude a labor contract with a person who is considered incapable according to the legislation. An employer who does not have full capacity cannot be an employer.
The minimum level of workers' labor rights and the related minimum guarantees in respect of these rights is ensured by the legal norms set out in the regulations set out in Article 1 of the Labor Code.
Procedure for concluding an employment contract
The procedure and content of the employment contract shall be determined by the parties' consent, subject to the requirements of the legislation. The following basic terms and conditions must be indicated in the employment contract:
- Surname, name, patronymic and address of the employee, the name of the identity document, its serial and number, the Finnish code, the date of issue, the name of the issuing authority;
- If the employer is a legal entity, its name, taxpayer identification number (TIN),
- Place of work, position (profession) of the employee;
- Date of conclusion of the employment contract and start of work by the employee;
- Term of labor contract;
- Labor function of the employee;
- Working conditions of the employee - working and rest time, wages and supplements, duration of leave, labor protection, social and other insurance;
- Mutual obligations of the parties on a labor contract;
- State Social Security Certificate (SSN), except for the first time employed;
- Note that the employee's place of work is primary or secondary, and so on.
The Labour contract is concluded in written form. The labor contract shall be drawn up with the consent of the parties by the standard form specified in the Code. The employment contract is made up of not less than two copies, signed by the parties (stamp) and one copy is kept by the employee and the other copy held by the employer.
Labor contract notification
Except as provided by Article 7 of the Labor Code, employment relations arise after the registration of the employment contract form entered into using an electronic signature reinforced into the electronic information system and sent to the employer electronically.
An employment relations between a legal entity and its employees are established from the moment of submission of the certificate of state registration to the electronic cabinet of the legal entity according to the Law of the Republic of Azerbaijan "On state registration and state register of legal entities" for electronic state registration of limited liability company with local investments.
Termination of employment contract
An employee may terminate his/her employment contract with written notice to the employer a month in advance. One month after the application is filed, the employee may request that he or she not attend the job and receive the final salary. In this case, the employer is obliged to fulfill the employee's requirements.
According to Article 69 of the Labor Code, when an employee retires for age, disability, enters an appropriate educational institution to continue his education, relocates to a new place of employment, contracts with another employer, sexually harassed, and other cases provided by law, her/his contract can be terminated.
The Code also states that an employee who has filed an employment termination contract can withdraw his or her request at any time before the expiration of the notice or submit it to the employer as invalid. In this case, the employment contract cannot be terminated.
It is also prohibited by law to force an employer to terminate an employment contract against the will of the employee by force or intimidation.
An employment contract may be terminated by an employer on the following grounds:
- In the event of liquidation of the enterprise;
- Reduction of staff or staff;
- Approval of the relevant decision by the competent authority on the incompliance of the employee's position due to an insufficient level of professionalism, specialty (profession);
- Failure of the employee to perform his / her labor duties or employment contract, or gross violation of his / her employment duties as specified in Article 72 of this Code;
- When the employee does not correct himself during the probation period;
- When an employee of a state-funded enterprise reaches the age of employment.
Legal services related to employment contracts
Legal Store offers its partners high quality and affordable labor contracts and simplified e-registration issues. Individual and collective employment contracts that meet international standards and meet all local law requirements are available to our customers!