Azerbaijan

Global Compliance Guide

Labor Requirements

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

Normal Working Hours

The duration of the daily working time cannot be more than 8 hours. The duration of the standard working time per week, cannot be more than 40 hours.

 

Working hours shall be determined by daily work time, work starting and stopping time, break time and length, the number of shifts per day, shift documents and their preparation, transfer from one shift to another, total hours worked. The alternation of workdays and days off (shift rotation) and weekly workdays shall be governed by the organization’s internal work rules, the employment contract, and collective agreement.

 

Aggregate Accounting of Working Time

Aggregate accounting of working time may be applied during the registration (accounting) period, provided that the duration of working hours does not exceed the number of working hours established by the legislation. In this case, the reporting period may not exceed one year, and the duration of the daily work (queue) may not exceed 12 hours.

 

A working week is a five-day working week with two day weekends.

 

Depending on the nature of production, work, services, and working conditions, the employer may establish a six-day workweek. In a six-day working week, the daily working time may not exceed 7 hours if the weekly norm is 40 hours, 6 hours if the weekly norm is 36 hours, and 4 hours if the weekly norm is 24 hours.

 

Reduced Working Hours

Shorter working hours of no more than 36 hours per week shall be established for employees engaged in occupations, positions, and industries characterized by working conditions hazardous to human health with regard to physical, chemical, biological, and industrial factors. The list of such workplaces shall be approved by the relevant authority.

 

Part-Time Work

Short working hours, short workdays, and short workweeks may be established by agreement between the employer and employee upon execution of an employment contract.

 

Part-time hours and their effective duration over a month or year shall be defined at the agreement of the parties.

 

If the health and physiological state (pregnancy, disability) of an employee, a chronically sick child, or any other family member, requires part-time employment on the basis of medical findings, as well as for women with children under 14 or a disabled child under 16, the employer shall be obliged to arrange part-time work (workday or workweek) on the basis of their applications. Labour Code: Sec 89 -96.

 

Recording Requirements

The employer is obliged to keep accurate, correct records of the actual working hours of each employee and overtime hours worked by the employee. The form and procedure for keeping records of working hours are determined by the employer. Labour Code: Sec 102.

Overtime

Overtime shall be considered time beyond the established workday during which an employee consensually performs his duties based on an order (instructions, decision) from his employer. Every employee cannot be assigned to overtime work in a row for 2 working days more than 4 hours, and in workplaces with difficult and harmful working conditions – more than 2 hours.

 

Exceptions

Overtime shall be permitted only in the following cases:

      • during the performance of work necessary for national defense or to prevent or immediately respond to a social or natural disaster or industrial accident;
      • during the performance of work vital to the general public such as the supply of water, gas, heat, light, sewage, transportation, and communications, to clean up accidents or solve unanticipated problems which interfere with their proper functioning;
      • if it is necessary to complete a job which has already begun and cannot be completed within normal working hours due to unanticipated or accidental delays caused by technical conditions and if failure to complete the work may entail inevitable commodity damage or loss;
      • during temporary work to repair and restore mechanisms or structures when their failure to function shall idle a large number of employees.
      • In cases when a break at work is impossible due to the absence of a substituting employee.

Compensation for Overtime

Wages for each hour of overtime work shall be paid to employees as follows:

        • If wages are based on time worked, the amount paid per hour shall not be less than twice the standard hourly wage.
        • If wages are paid on the basis of piecework performed by the employee, extra wages must be paid in an amount no less than the hourly wages of employees with the same pay scale
        • Additional payment for overtime work may be stipulated in employment contracts and collective agreements.

Overtime work may not be replaced by an additional day off. Labour Code: Sec 99-101, 165

Night Work

The period from 10 pm to 6 am is considered night time.

 

If at least half of the daily working time employees working in workplaces with heavy and harmful working conditions, as well as at work of a special nature, determined the relevant executive authority falls on night time part of the working time at night is reduced by one hour.

 

Compensation for Night Shift

Payment for work at night, as well as in multi-shift work is made by the employer in an increased amount, but not lower than the limit, determined by the relevant executive authority. 

 

The specific amount of additional payment to wages for night work time, as well as in multi-shift mode, is determined by the employment contract or a collective agreement. Labour Code: Sec 99-101, 165.

Breaks

During the working day (shift), employees must be provided with a break for rest and meals. The time of granting and the duration of the break is determined by the internal regulations of the enterprise, the shift schedule or labor agreement, or collective agreement.

If it is impossible by the nature of the working conditions to establish the time and the duration of the break with work stoppages, the employer must create conditions for the employee to eat. The duration of breaks for rest and lunch is not included in the work time. Rest and lunch breaks can be used by the employee at their discretion. Labour Code: Sec 103.

 

Daily Rest

Time of daily rest of the employee between one and the next working days must be at least 12 hours. The duration of rest time during shift working hours is adjustable as per shift schedules. Labour Code: Sec 103.

 

Weekly Rest

All employees must be provided the opportunity to take consecutive days off during the week. The number of days off during the week for employees on a five-day schedule shall be two days; for employees on a six-day schedule, one day. 

 

Days off shall be granted in accordance with shift schedules approved by trade unions. This procedure shall be regulated by an employment contract at workplaces where there is no trade union.

Work On Rest Days

Wages for work performed on weekends is paid in the following order:

      • If wages are paid on the basis of time worked by the employee in the amount of at least double daily wage;
      • In case of  a piece-rate system of remuneration of at least double piece rates;
      • For employees receiving a monthly salary, if the work was done within the norm of monthly working hours, he shall be paid 1-day extra pay in addition to his daily salary. If the employee works in excess of the monthly working hours, not less than twice the daily official salary.

At the request of the employee who worked on weekends, he may be given another day of rest in lieu of pay. Labour Code: Sec 104. 

Public Holidays

The Republic of Azerbaijan includes the following 14 days holiday:

      • New Year’s holiday (January 1 and 2);
      • Women’s Day (8 March);
      • Day of Victory over Fascism (May 9);
      • Republic Day (May 28);
      • Day of National Salvation of the Azerbaijani People (June 15);
      • Day of the Armed Forces of the Republic of Azerbaijan (June 26);
      • State Independence Day (October 18);
      • Day of the State Flag of the Republic of Azerbaijan(November 9);
      • Constitution Day (November 12);
      • Day of National Revival (November 17);
      • Day of Solidarity of World Azerbaijanis (December 31);
      • Novruz holiday – five days;
      • Gurban holiday – two days;
      • Ramadan holiday – two days

New Year’s holiday, Women’s Day, Day of Victory over Fascism, Republic Day, Day of National Salvation of the Azerbaijani People, DayArmed Forces of the Republic of Azerbaijan, State Dayflag of the Republic of Azerbaijan, Day of Solidarity of Azerbaijanis Peace, days of Novruz holiday, Gurban holiday and Ramadan holiday are considered non-working days.

 

Days of Novruz holiday, Gurban holiday, and holiday Ramadan for the next year are determined and announced to the employee by the relevant executive authority by the end of December.

 

If weekly days off and non-working days coincide, that day off shall be transferred to the working day immediately after the holiday.

When the holidays of Eid al-Adha (Gurban) and Ramadan coincide with another non-working day, the next working day shall be considered a day off.

 

Voting Day

Elections of deputies of the Milli Majlis of the Republic of Azerbaijan, President of the Republic of Azerbaijan, members of municipalities in the Republic of Azerbaijan, as well as voting day during a referendum shall not be considered a working day in the territory where elections (referendum) are held. Voting day is determined in accordance with the legislation.

 

National Day of Mourning

 Every year, January 20 – the day of remembrance of the martyrs who died for the independence and territorial integrity of Azerbaijan – is a day of national mourning. Today is not considered a working day.

 

Prohibition on Work during Days Off, Holidays, and Day of National Mourning

No employee shall work on days off, holidays, or on the Day of National Mourning unless in case of emergency.

 

Length of the Workday on the Eve of Holidays, Days Off, and the Day of National Mourning

The workday on the eve of one of the holidays listed above and the Day of National Mourning shall be reduced by 1 hour regardless of the number of working days in the week. At organizations with six-day work weeks, the workday before days off shall not exceed 6 hours.

 

Pay for Work on Public Holiday, Voting Day, and mourning day

Wages for work performed on Holiday, Voting Day, and mourning day is paid in the following order:

        • If wages are paid on the basis of time worked by the employee in the amount of at least double daily wage;
        • In case of  a piece-rate system of remuneration of at least double piece rates;

If an employee paid monthly wages on holiday, voting day, and mourning day as part of his monthly workdays, he shall be paid for one day extra in an amount no less than his daily salary. If the work was performed in addition to the monthly quota, he shall be paid an amount not less than twice the daily salary.

 

At the request of the employee who worked on holiday, voting day, and mourning day he may be given another day of rest in lieu of pay. Labour Code: Sec 105 – 109. 

Annual Leave

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.

 

Vacation Pay

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.

Minimum Wage

The current minimum wage effective September 2019 is 250 AZN/Month and remains unchanged in 2020.

Special Leave

Maternity Leave

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.

Adoption Leave

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. 

Partially Paid Social Leave

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

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.

Creative Leave

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.

Paid Study Leave

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.

Pay

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.

Donor Leave

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.

Last updated on: October 30th, 2020