AZERBAIJAN Law and Practice Contributed by: Farid Nabili, Pari Gasimli and Sona Abdullayeva, Caspian Legal Center
Formal Requirements According to recent legislative amendments, employ - ment contracts shall generally be concluded in elec - tronic document format. However, there is a specific exception for certain state body positions. Employ - ment contracts regarding employees recruited to des - ignated positions in state bodies must be concluded in written form on paper. The legislation provides a model form of employment contract that may be utilised by mutual agreement of the parties, which is signed via e-signature tools by both parties. For employment relationships requiring written paper contracts in state bodies, the contract must be prepared in at least two copies. These con - tracts must be certified by the signatures and seals of both parties. One copy is retained by the employee and the other by the employer. Mandatory Terms The Labour Code requires employment contracts to include the following information: • employee’s surname, first name, patronymic name, address, and personal identification number (PIN); • when the employer is a state body (institution), legal entity or branch/representative office of a foreign legal entity – the name, position, surname, first name and patronymic name of the official exercising employer functions, taxpayer identifica - tion number (TIN), actual business address; when the employer is a natural person – surname, first name and patronymic name, TIN, actual business address, and PIN; • address of the employee’s workplace, position (profession), with notation indicating whether it is a primary or additional workplace; • date of conclusion of the employment contract and the date the employee must commence work; • duration of the employment contract; • employee’s labour function; • employee’s working conditions – working time and rest periods, wages and supplements, duration of annual leave, occupational safety, mandatory state social insurance and other compulsory insurance coverage; • mutual obligations of the parties under the employ - ment contract;
• creation of conditions for the employee to engage in physical education and sports, including reha - bilitation and professional-applied training during work hours and after work, as well as sports and health tourism; • social insurance number (SSN) of the employee, except for employees whose contracts are con - cluded electronically, those recruited to designated state body positions approved by the relevant executive authority when starting work for the first time, and persons whose information is subject to confidentiality under the Law “On State Secrets”; and • information regarding additional terms determined by the parties. The regular working week in Azerbaijan is up to 40 hours, typically spread across eight hours per day over five days. The duration of the working time can - not be extended beyond this limit, except in specific cases outlined in the Labour Code. Under a six-day schedule, daily hours are capped at seven hours (40- hour week), six hours (36-hour week), or four hours (24-hour week). For each hour of work performed at night, the employee is paid an additional fee of 20% of their hourly rate (position) salary. Reduced Working Time Certain employee categories are entitled to reduced working hours based on age, health status, working conditions and job requirements. Weekly limits are: • 24 hours maximum for employees under the age of 16; and • 36 hours maximum for employees aged 16–18, those with 61–100% impairment of bodily func - tions, pregnant women, mothers with children under 18 months, and single parents of children under three years of age. 1.3 Working Hours Working Time Limits Employees in harmful working conditions are limited to work 36 hours weekly. Specific arrangements are established through collective agreements, if not con - cluded, employer–trade union consultations based on approved hazardous occupation lists. Similar 36-hour limits apply to high-stress positions involving mental
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