Labor contract

Contents:
 Main Definitions

Employment
Employee Employer
Contract
 Content of an Employment Contract
• the full name and address, series and number, date of issue of the identity card, name
of the authority issuing the identity card to the employee
• if the employer is a legal entity - his name and registered address and, if the
employer is a natural entity engaged in entrepreneurial activities without the
creation of a legal entity - its full name, address, taxpayer identification number
(TIN), series and number, date of issuance of identity card, the name of the authority
issuing identity card;
• the employees workplace place of work and position (occupation);
• the date of execution of the employment contract and the day on which the
employee must start work;
• the term of the employment contract;
• the employees duties;
• the terms of the employees labor conditions - work and rest time, salary and
adjustments to it, duration of employment leave, labor protection, social and other
insurance;
• mutual obligations of parties on employment agreement;
• creation of conditions for workers to engage in physical training and sports,
including
Unless rehabilitation
stipulated herein, the and professional-practical
terms exercises
of the employment contract shallinnot
working terms and
be unilaterally replaced.
after work, sports and health tourism;
• information on other terms and conditions defined by the parties.
The Form of an Employment Contract

shall be executed in
writing.

on the basis of Parties

consent.

shall be prepared in at
least two (2) copies
The Term of an Employment Contract

may be executed without

specified term (unlimited) or for a
period up to 5 years (term).

Replacement of the contract

indefinite-term employment
contract
 Fixed-Term Employment Contracts
In the following cases a labour agreement may be concluded for a definite term:

 an employees temporary disability, absence on a business trip or leave, as well

as when another employee must perform the duties of the employee in question
because of said employees temporary disability due to reasons stipulated by
Legislation by keeping his workplace and position;

for carrying out seasonal work which cannot be done throughout the year due to
natural and climatic condition or to features of the work;

in cases when the scope and duration of refurbishment, construction and
installation work and assimilation and application of new technology, the
conducting of experiments and tests or other similar work is performed

in cases when employee training and the achievement of a high professional
standing (training, interning, downtime) from the point of view of complex and
responsible labor function concerning appropriate position (occupation) is
required
 Fixed-Term Employment Contracts
In the following cases a labour agreement may be concluded for a definite term:

in cases related to an employees personal and family status, as well as cases
related to an employees work and education and his appropriate temporary place of
residence because of some reasons and his desire to work when he/she reaches
retirement age
in cases when paid social work is performed on the basis of a proper permitfrom
the Executive Authority;
in cases when a person is elected to a position in an elective agency (organization,
union)
at the mutual consent of the Parties in compliance with the principle of the Parties
legal equality

in cases when a collective employment contract is signed with employees in the
form of a team or working group

in other cases stipulated by Legislation.

Documents Submitted by Employees Entering into
Employment Contracts
employment record

document confirming identity

state social insurance certificate (except for individuals commencing labour activity for
the first time)

The availability or non-availability of the employee’s registration at a proper place of

residence may not be taken as a basis for signing an employment contract.
 Persons entering into an employment contract for the first time shall not be required to
present an employment record.

An employment contract may be entered into without presenting an employment record
by and between persons having refugee or displaced-persons status, and persons with like
status, as well as by foreigners and stateless individuals who are commencing work for the
first time in the Republic of Azerbaijan.
Documents Submitted by Employees Entering into
Employment Contracts
When an employment contract is signed, if training or education in accordance with job
requirements is considered necessary, then the employer shall be provided with the
appropriate education document

Employees shall submit a health certificate for jobs involving heavy and dangerous labor
harmful to employee health including, for the purpose of safeguarding public health in the
workplace, workplace for work at food processing, public catering, medical, and retail
establishments. The list of professions (positions) with applicable labor conditions and
workplace relevant workplaces shall be prepared and confirmed by the appropriate
authorities.

An employee entering into an employment contract shall not be required to submit any
additional documents other than those stipulated by Labor Code, including documents
which do not pertain to his employment (position) functions.
 Effective Date of an Employment
Contract
• An employment contract shall take effect when it is
signed by the parties, unless otherwise stated therein.
• If an employee has actually begun working in violation
of the requirements of Labor Code with the employers
consent but without a written employment contract,
the employment contract shall be considered to have
been entered into from that date. In such cases the
employment contract must be drafted and approved
within no more than three days.
• The registration and confirmation of an employment
contract by any state agency or other authorities shall
not be admissible.