AZERBAIJAN Law and Practice Contributed by: Farid Nabili, Pari Gasimli and Sona Abdullayeva, Caspian Legal Center
relevant workplace, or in any way causing damage to the rights and legally protected interests of the owner, employer, as well as the labour collective (its individual members). An employee who is a member of a trade union may only be dismissed for serious cause with the prior consent of the trade union operating at the enterprise. To initiate this process, the employer must submit a written, justified request to the trade union. The trade union organisation is then required to provide a writ - ten, reasoned decision within ten days of receiving the employer’s request. 7.4 Termination Agreements In order to ensure more complete regulation of labour relations in the future, the legislation enshrines that the parties must include in the employment contract the circumstances that correspond to the employee’s working conditions. The following additional circum - stances may be provided for regarding termination: • mutual agreement of the parties; • according to the relevant opinion of a medical institution that the employee’s work in the relevant position (profession) is dangerous for the employ - ee’s health due to their health condition; • in the event of a high probability of contracting an occupational disease at the relevant workplace during the performance of the labour function for a certain period of time; • when the employer undertakes an obligation in writing (on paper or through an electronic infor - mation system) to conclude a new employment contract with the employee after a certain period of time due to a decrease in the volume of work or services provided; and • other circumstances determined by the parties in compliance with the requirements of this norm. Accordingly, where specified by the employment agreement as an additional circumstance of termina - tion, mutual termination agreement of the parties is acceptable. The legislation stipulates that such circumstances envisaged by the parties shall not contradict the prin - ciples of ensuring the rights of the employee and the
employer established by the principles of the Labour Code, and they cannot degrade the parties’ honour and dignity by attempting to restrict their rights. In any case, such termination must be formalised with a reasoned order (disposal, decision) of the employer. When employment contracts concluded in the form of an electronic document are terminated, the employ - er’s order (disposal, decision) to this effect is signed with an enhanced electronic signature in the electron - ic information system and placed in the employee’s electronic cabinet created in the information system. 7.5 Protected Categories of Employee Except in the event of liquidation of an enterprise and the termination of a fixed-term employment contract, in the following cases, the termination of employment contracts by the employer on its own initiative is pro - hibited: • pregnant women, as well as women with children under the age of three, and men raising children under the age of three alone; • employees who are the sole source of income and are raising children under the age of school age alone; • employees who have temporarily lost their ability to work; • due to the fact that the employee is suffering from diabetes or multiple sclerosis; • due to the fact that the employee is a member of a trade union or any political party; • employees who have a disabled child or another family member who has been determined to be disabled due to 81–100% impairment of body functions; and • while on vacation, on a business trip, as well as during the period of participation in collective negotiations.
8. Disputes 8.1 Wrongful Dismissal Grounds for a Wrongful Dismissal Claim
According to the Labour Code, an employee can apply to the court if the employer terminates the labour rela -
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