AZERBAIJAN Law and Practice Contributed by: Farid Nabili, Pari Gasimli and Sona Abdullayeva, Caspian Legal Center
7. Termination 7.1 Grounds for Termination
improvement of their professional training, acquisition of a new specialty and improvement of their qualifica - tion. The employer gives priority to retaining the following persons in the case of the same qualifications (profes - sions) or level of professionalism: • members of the family of a martyr; • participants in the war; • wives (husbands) of soldiers and officers; • those who have two or more children under the age of 16 in their care; • persons who have become disabled as a result of an industrial accident or occupational disease at the same enterprise; • persons who are considered to be internally dis - placed persons and persons with refugee status; and • other persons provided for in collective agreements or employment contracts. The law requires employers making redundancies to support certain groups. If an employee is an orphan or deprived of parental care and is laid off due to redun - dancy, the employer must cover the cost of necessary professional training to help them find a new job at the same or another enterprise. The rest of the procedures relating to redundancy are set out in 7.2 Notice Periods . 7.2 Notice Periods Notice Period and Severance In the event of a reduction in the number of employ - ees or a reduction in their staff, before the employer terminates the employment contract, the employee must be officially notified by the employer within the following periods, depending on the length of service: • for up to one year of service – at least two calendar weeks; • for one to five years of service – at least four calen - dar weeks; • for five to ten years of service – at least six calen - dar weeks; and • for more than ten years of service – at least nine calendar weeks.
An employment contract may be terminated only on the grounds and in the manner specified in the Labour Code. These grounds are as follows: • initiative of one of the parties; • expiration of the employment contract; • change in the terms of employment; • in connection with a change in the owner of the enterprise; • circumstances beyond the control of the parties; and • circumstances specified by the parties in the employment contract. The legislation elaborates each of them, establishing various procedures. To prohibit the abuse of power, the Code specifies the grounds regarding termination on the basis of the employer’s initiative: • when the enterprise is liquidated; • when the number of employees or staff is reduced; • when the competent authority makes a relevant decision that the employee is not suitable for the position they hold due to insufficient level of pro - fessionalism, qualification (profession); • when the employee fails to fulfil their labour func - tion or obligations under the employment contract, or grossly violates their labour duties; • when the employee fails to prove their ability dur - ing the probationary period; and • when an employee of an enterprise financed from the state budget reaches the working age. The employer must justify the necessity of terminating the employment contract. Redundancy Priority of some employees in the case of redundancy When reducing the number of employees or reducing staff, employees with a higher qualification (profes - sion) and level of professionalism required for the per - formance of labour functions for certain positions are retained. The employer determines the level of profes - sionalism of the employee, by taking into account the
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