AZERBAIJAN Law and Practice Contributed by: Farid Nabili, Pari Gasimli and Sona Abdullayeva, Caspian Legal Center
tionship with the employee by violating the provisions of the Labour Code in the following ways. • By violating the grounds for termination of the employment contract, such as: (a) grounds stipulated in 7.1 Grounds for Termina- tion ; (b) the procedure for termination of an employ - ment contract by an employee; (c) the procedure for terminating a fixed-term em - ployment contract; (d) the grounds for terminating an employment contract in cases beyond the parties’ control; (e) the rules for regulating its termination in cases provided for in the employment contract. • Without complying with the requirements of the rules regarding measures taken when an employ - ment contract is terminated by the employer and regarding conditions limiting the termination of an employment contract. • Without paying attention to the employees and circumstances in which termination of an employ - ment contract is prohibited, as stipulated in 7.5 Protected Categories of Employee . Consequences of Claim Before applying to court regarding individual labour disputes, participation in an initial mediation session is required. When an employment dispute eventually reaches the court, the judge will review the case’s facts and the statement of claim and then take one of the following actions. • To render a judgment ordering the employee’s reinstatement to their former position with payment of wages for the mandatory period of absence. The court may also provide in its judgment that the employer compensates the employee for the amount of damages claimed. The amount of dam - ages includes: (a) the employee’s average salary for the period of non-employment resulting from the dismissal; (b) costs incurred for retaining legal advocate to defend the employee’s rights in court; (c) moral damages claimed in the statement of claim; (d) expenses arising from borrowing funds or sell - ing personal property due to unemployment;
and (e) any other related costs.
• To issue a writ approving the parties’ settlement agreement. If, during the court proceedings on an individual employment dispute, the employer and the employee enter into a written settlement agreement by mutual consent, the judge shall issue an order to enforce the obligations set forth in that agreement. 8.2 Anti-Discrimination Azerbaijan has ratified International Labour Organi - zation Convention No 111 of 1958 on Discrimination in Respect of Employment and Occupation. Thus, discrimination regulated in this Convention is suffi - cient grounds for an anti-discrimination claim. The Labour Code furthermore specifies and expands such grounds, prohibiting: • discrimination on the basis of citizenship, gen - der, race, religion, nationality, language, place of residence, property status, socio-economic origin, age, family status, beliefs, political views, member - ship in trade unions or other public associations, service position, as well as other factors not related to the employee’s business qualities, professional competence, and the results of their labour; • refusal to hire, promote or dismiss persons living with the human immunodeficiency virus due to their infection with the human immunodeficiency virus, except for professions and positions in which employment is not allowed; • refusal to conclude an employment contract or terminate an employment contract on the grounds that a person has multiple sclerosis, except for cases where the employer does not have a rel - evant job (position), as well as refusal to employ such persons in workplaces where the use of their labour is not allowed; • refusal to conclude an employment contract, refusal to promote the employee at work, termi - nation of an employment contract, and transfer to another job (profession, position) without the employee’s consent due to their disability, except for cases where the health of a person with a dis - ability prevents them from performing their profes - sional duties or poses a threat to the health and labour safety of other persons; and
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