Preparation of documents related to labor relations
Obtaining professional legal assistance is one of the most important points in the preparation of documents related to labor relations, the creation, modification, termination of labor law and more.
It should be noted that the procedure for preparing these documents is regulated by the Labor Code. The Labor Code of the Republic of Azerbaijan regulates labor relations arising between workers and employers, as well as other legal relations arising from these relations between them and relevant state authorities, legal entities.
The subject of Labor Law
Labor law regulates labor relations and other relations related to labor law, like every legal sphere that regulates a certain part of social relations. These relationships are the subject of labor law.
However, it is worth noting that not all labor relations are part of labor law. Labor relations are formed when a person begins to work on the basis of an employment contract concluded with the employer.
Section 35 of the Constitution proclaims the right to freedom of labor. Thus, the article states that everyone has the right to freely choose the type of activity, profession, occupation and place of work based on their ability to work. Everyone can work under an employment contract or as a member of a cooperative, perform specific work under a civil contract or participate in various types of activities of individual entrepreneurship.
This shows that labor relations can take various forms.
Subjects of Labor Law
Based on the legislation, the parties to labor relations act as subjects of labor relations and other relations directly related to them.
The subjects of labor law are participants in labor relations who have rights and obligations that are regulated by labor legislation. These entities must have both legal capacity and tort.
Capacity - The ability of a citizen to acquire and exercise civil rights through his/her actions, create civil duties for himself/herself and fulfill them.
The grounds for the creation, change and termination of employment
The creation, change and termination of labor relations in the law are called legal facts. Legal facts that give rise to labor relations are called the basis of their existence. Thus, an employment contract is the basis for creating an employment relationship.
This issue is reflected in the second part of article 7 of the Labor Code. However, in some cases, an employment contract is not enough to establish an employment relationship. In general, these legal acts are the basis of labor relations.
A change in the basic conditions of an employment contract, that is, an assignment to an employee to perform labor functions in another profession, specialty and position not provided for in the employment contract, is considered a transfer to another job and is allowed only with the consent of the employee, as well as by making additions and changes to the employment contract or conclusion of a new employment contract. An employee may be temporarily, for a period of up to one month, transferred to another job without his consent in connection with the production necessity and in order to prevent downtime.
Article 60 of the Labor Code states that an employee may be temporarily, for a period of up to one month, transferred to another job without his consent in connection with the production necessity and in order to prevent downtime. After the end of the month, the employee returns to his original place of work.
Termination of employment is based on these factors depending on which party is the initiator:
- By mutual agreement of the parties;
- At the initiative of one of the parties;
- Regardless of the will of the parties, etc.
Since labor relations are exclusively personal in nature, they can be terminated by the death of the employee.
Legal services for the preparation of documents related to labor relations
We advise everyone to be careful in preparing documents related to labor relations and, in general, in matters related to legal documents.
Sometimes the mistakes made in the documents may seem insignificant to you, but later they can cause serious problems. Legal Store provides legal services to resolve these issues. Consult with our professional lawyers to avoid serious problems and insure yourself in case of such problems!