Last updated on: April 27th, 2022
Labor Code of Azerbaijan (Azerbaijani: Azərbaycan Respublikasinin Əmək Məcəlləsi) is the legal code governing employment practices and labor relations in Azerbaijan. The Code sets the rules for relations between employees and employers, establishes the minimum norms for the labor rights of individuals, as well as the norms ensuring the implementation of these rights.
Hours & Pay Regulations
Employees shall be granted paid basic leave of at least 21 calendar days. An employee shall be eligible for a vacation after six months of employment following the signing of the employment contract with his employer. Leave is granted annually for the relevant working year. A work year begins on the day the employee is hired and ends on the same day of the following year. If an employee’s working year has not started at the time of his / her application for leave, the employee may be granted leave only after the beginning of the working year.
Employees working in seasonal jobs shall be granted basic leave, as a rule, at the end of the season for a period of not less than two calendar days for each working month. Public Holidays corresponding to the period of annual leave are not included in the calendar days of leave and are not paid.
Terms and procedure for granting additional leave for the length of service
Depending on the length of service:
- in case of five to ten years of work experience – 2 calendar days;
- in case of ten to fifteen years of work experience – 4 calendar days;
- if the length of service is more than fifteen years – additional leave is granted for a period of 6 calendar days.
The period of additional leave for the length of service shall be determined on the basis of the period during which the employee actually worked in one enterprise by concluding an employment contract with the employer.
Additional Leave for Women with Children
Irrespective of the duration of the main and additional leave, women with two children under the age of 14 shall be granted additional leave for 2 calendar days, and women with three or more children at this age, as well as women with disabilities – for 5 calendar days.
Fathers raising children alone, as well as persons who have adopted children, are entitled to an additional leave of 2 calendar days. The right to additional leave established by this Article shall be retained even if one of the children has reached the age of 14 by the end of the relevant calendar year.
If an employee is simultaneously entitled to two or more additional leave provided for in Articles 115 (harmful work) and 116(increase in annual leave for the length of service) of this Code, one additional period of additional leave shall be combined with his main leave.
Holidays that are not considered working days during the period of leave are not included in the calendar days of leave and are not paid.
Division of Leave
Leave may be granted in installments at the request of the employee and with the consent of the employer, provided that the duration of one of the divided parts of leave is not less than 2 calendar weeks. If a part of the leave is used, the rest of it is given until the end of the working year or at the end of the calendar year, or at the request of the employee, combined with the leave of the next working year.
An employee recalled from leave with employee’s consent shall, with the consent of the parties, be paid either from the date of commencement of work and shall be granted additional unpaid leave (compensation) in lieu of days worked or from the date of commencement of employment.
When calculating the average salary paid for the period of leave, all types of payments included in the definition of salary shall be taken, except for lump-sum payments not included in the current system of remuneration. The average salary paid for the period of leave shall be determined on the basis of the average salary of the 12 calendar months preceding the month in which the leave was granted, regardless of the year in which it was granted.
The average monthly salary of an employee who has worked less than 12 calendar months and is on leave shall be calculated on the basis of the full calendar months in which he/she actually works.
In order to determine the salary for vacation days, the amount of average monthly salary is found by dividing the total amount of salary for 12 calendar months before vacation by 12 and dividing the received amount by the average annual number of calendar days of the month – 30.4. the amount is determined.
The amount of one day’s salary determined by this rule is multiplied by the number of calendar days of the leave period. The procedure for calculating the salary for the payment of leave shall also apply to the payment of compensation to the employee for unused leave. The average salary for the period of leave shall be paid to the employee no later than 3 days prior to the beginning of the leave. Labour Code: Sec 113-117, 139-141; http://www.e-qanun.az/framework/3947.
Additional days are granted as annual leave for employees working in specific sectors. Labour Code: Sec 114,118-119.
Effective January 1, 2022, the current minimum wage is AZN 300 per month.
Women working during pregnancy and the postpartum period shall be granted paid leave for a period of 126 calendar days (70 calendar days before delivery and 56 calendar days after delivery). If the birth is difficult, if two or more children are born, the maternity leave is granted for a period of 70 calendar days. Maternity benefits are paid in full by the Ministry of Labor and Social Protection. Labour Code: Sec 125.
Women who adopt or raise a child under the age of two months are entitled to 56 days of postpartum social leave, as well as additional paid leave provided for in annual leave for women with children ( Article 117) and social leave (Article 127). Labour Code: Sec 126.
One of the parents directly caring for the child or another member of the family shall be entitled to a partially paid social leave in the amount established by the legislation for the care of the child until the child reaches the age of three. An employee caring for a child may exercise the right to partially paid social leave in full or in part on the basis of a written application. Labour Code: Sec 127.
Unpaid leave is granted at the request of employees or by mutual agreement of the parties or by the code. Based on the mutual consent of the employee with the employer, as well as in cases provided for in collective agreements, including on the conditions specified in the employment contract, employees may provide unpaid leave, the duration of which is set at the discretion of the parties, but not more than six months. At the request of employees and with the consent of the employer, unpaid holidays in one working year are granted in the following cases and for terms:
- on the basis of the conclusion of the medical consulting commission one of the parents with a child with chronic disease, or another family member directly caring for the child – until the child reaches four years;
- Husbands whose wives are on leave in connection with childbirth – 14calendar days;
- Women or single parents, trustees, guardians, with a child under 16 years old – up to 14 calendar days;
- Regardless of the group and reasons for disability for disabled persons, employees under 18 with disabilities- up to 1 calendar month;
- To persons who took part in the war as part of an active army – up to 14 calendar days;
- employees injured (wound, trauma, contusion) during the protection of territorial integrity and sovereignty Republic of Azerbaijan – up to 14 calendar days;
- Parents raising children with AIDS or infected with the human immunodeficiency virus (HIV), as well as those with children under 18 with disabilities – up to 14 calendar days;
- Employees studying in postgraduate and doctoral studies – up to 1 calendar month;
- Employees admitted to the entrance exams for higher educational institutions – 14 calendar days,
- Employees admitted to the entrance examinations in secondary specialized educational establishments – 7 calendar days;
- Authors whose invention or rationalization proposal is being introduced for the first time outside the enterprise where it works -up to 14 calendar days;
- One of the relatives caring for a sick family member on the conclusion of a healthcare institution, up to 14 calendar days;
- Employees with children with health disabilities for up to 18 years – up to 14 calendar days
- Employees for solving family, household, and other social questions – up to 7 calendar days.
- Employees with harmful and difficult working conditions shall be granted additional leave in proportion to the time actually worked during the working year in the relevant production, profession, or position. The employee’s right to this additional leave arises when he/she has worked at those jobs for at least six consecutive months.
Labour Code: Sec 129-130.
Paid creative leave is granted for up to 2 calendar months to complete the dissertation for the degree of Doctor of Philosophy, and up to 3 calendar months for completing the dissertation for the degree of Doctor of Sciences.
Studying for a doctorate (adjunct) in addition to work ( including for admission to a doctorate (adjunct) ) shall be granted 30 calendar days of paid leave in each academic year.
Employees engaged in writing textbooks or teaching aids may be granted paid creative leave for up to 3 months by the decision of the relevant executive authority and on the basis of a certificate.
Salary paid during the creative leave is calculated on the basis of the monthly salary determined for the position (profession) of the employee. Labour Code: Sec 122.
Employees studying in addition to work are provided with the following paid study leave:
- to participate in training sessions in the relevant academic season, to carry out laboratory work, to pass tests and examinations;
- to take state exams;
- to prepare and defend a diploma project (work).
During the period of paid educational leave, an employee shall be paid an average salary.
Duration of Leave
- 30 calendar days in the first and second courses in each academic year, 40 calendar days in the remaining courses, and 20 calendar days in the first and second courses of secondary special education institutions for employees studying in correspondence departments of higher education institutions during their laboratory work, testing and examination. calendar day, other courses are given a leave of absence of 30 calendar days.
- Employees studying in correspondence departments of higher and secondary special education institutions shall be granted leave for a period of 30 calendar days during the state examinations.
- During the period of preparation and defense of the thesis, employees studying in correspondence departments of higher education institutions shall be granted a leave of up to 4 calendar months, and employees studying in correspondence departments of secondary special education institutions up to 2 calendar months.
- Employees studying in vocational education institutions without leaving production shall be granted leave for a period of 30 calendar days in the academic year to prepare for and pass examinations.
- Employees studying in correspondence groups of general education institutions shall be granted leave for a period of 20 calendar days to take their final exams.
In all cases, except for the salary for the period of leave, the average salary is found by dividing the average salary earned by the employee in the two calendar months prior to the total number of working days in those months by multiplying the number of working days with which the salary is withheld. For employees who have worked for less than 2 months, the average monthly salary is calculated as follows: the daily salary is determined by dividing the salary earned by the employee during the actual days worked, the amount received is multiplied by the number of working days. Labour Code: Sec 123-124.
Donors who donate blood or blood components free of charge each time are given an additional day off with an average salary. This day off may be added to the annual leave at the request of the donor or used at any time during the year. Labour Code Sec 103.