AZERBAIJAN Law and Practice Contributed by: Farid Nabili, Pari Gasimli and Sona Abdullayeva, Caspian Legal Center
However, following these notice periods is not com - pulsory because the employer may terminate the contract in the event of a reduction in the number of employees or a reduction in their staff, with the con - sent of the employee, by paying: • 0.5 times the average monthly wage instead of the notice period of at least two calendar weeks; • 0.9 times the average monthly wage instead of the notice period of at least four calendar weeks; • 1.4 times the average monthly wage instead of the notice period of at least six calendar weeks; and • 2.0 times the average monthly wage instead of the notice period of at least nine calendar weeks. In the case of redundancy, the employment contract of an employee who is a member of a trade union shall be terminated with the prior consent of the trade union operating at the enterprise. When a contract is terminated due to the liquidation of an enterprise and a reduction in the number of employees or staff, the employee is paid a severance pay in the following amounts, depending on the length of service: • for up to one year of service – in the amount of the average monthly wage; • for one to five years of service – in the amount of at least 1.4 times the average monthly wage; • for five to ten years of service – in the amount of at least 1.7 times the average monthly wage; and • for more than ten years of service – in the amount of at least 2.0 times the average monthly wage. In the event of termination of the employment contract in the case of change of labour conditions and when the employee is called up for military or alternative service, when the employee is unable to perform their job function due to complete loss of working capac - ity for a continuous period of more than six months, the employer shall pay the employee a benefit in the amount of at least twice the average monthly wage. In the event of termination of the employment con - tract in connection with the death of the employee, the heirs of the deceased shall be paid a benefit in the amount of at least three times the average monthly wage. In the event of termination of the employment
contract in connection with a change in the owner of the enterprise, the employer shall pay the employee a benefit in the amount of at least three times the aver - age monthly wage. 7.3 Dismissal for (Serious) Cause Failure of the employee to fulfil their labour function or obligations under the employment contract, or gross violation of labour duties, serves as one of the grounds for termination of the contract. The Labour Code reflects the situations that fall under “gross vio - lation” as: • failure to appear at work for the entire working day without any valid reason, except for their own ill - ness, or the illness or death of a close relative; • coming to work in a state of intoxication after con - suming alcoholic beverages, narcotic drugs and psychotropic, toxic and other poisonous substanc - es, as well as being in a state of intoxication after consuming these beverages or substances at the workplace after coming to work; • causing material damage to the owner as a result of the employee’s guilty actions (inaction); • causing injury to the health of colleagues or their death as a result of the employee’s guilty actions (inaction); • intentionally disclosing a production, commercial or state secret or failing to fulfil their obligation to keep this secret confidential; • serious harm to the legitimate interests of the employer, enterprise or owner as a result of gross errors and violations of law committed during labour activity; • repeatedly violating labour functions within six months without drawing any conclusions from the disciplinary punishment previously imposed by the employer for violating labour functions; and • committing administrative offences or socially dangerous acts constituting a crime directly at the workplace during working hours. Termination of an employment contract on these grounds is permitted provided that the employee intentionally or negligently or carelessly fails to per - form their labour function or duty (obligations), result - ing in a disruption of the normal harmony of work, production, labour and performance discipline at the
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