AZERBAIJAN Law and Practice Contributed by: Farid Nabili, Pari Gasimli and Sona Abdullayeva, Caspian Legal Center
• reducing the salary of employees in any way and paying them less than the minimum wage set by the state, in violation of the principles of non-dis - crimination. Since each party is under obligation to prove their claim with legal grounds, the employee bears the burden of proof for a discriminatory behaviour by the employer. An employee who has been discriminated against may apply to court with a request to restore their vio - lated right. This implies that the relief will consist of the approval of the grounds on which the employee was discriminated against, namely being appointed to the position they applied for, concluding the employment All civil cases, including labour disputes, are handled electronically through the “Electronic Court” informa - tion system. In courts where this system is applied, court proceedings on labour disputes, including send - ing and receiving applications, complaints and other documents, as well as delivering court documents to the participants, are carried out through an electronic cabinet created in the “Electronic Court” information system. The system uses an enhanced electronic signature and certified electronic signature tools for electronic document circulation. they were denied. 8.3 Digitalisation Participation of the Parties by Videoconference For the conduct of court proceedings using a vide - oconference connection system, the court shall issue a writ on its own initiative or based on a reasoned motion of the parties. The grounds for using a vide - oconference without the direct participation of the person participating in the case, their representative (legal representative), lawyer, witness, expert, special - ist, and translator in the courtroom are: • the impossibility to personally attend the court ses - sion due to a valid reason; • inability to personally participate in the court ses - sion due to detention in places of deprivation of liberty or prison;
• inability to directly participate as a result of natural or man-made disasters, epidemics, emergencies, martial law or force majeure; and • other cases in order to prevent unnecessary pro - longation of court proceedings. According to the Civil Procedural Code, the technical means used must ensure the quality of sound and image and their real-time transmission to the court - room, the transparency of the proceedings and com - pliance with other fundamental principles and con - ditions, as well as information security. Such court hearings and procedural actions must be videotaped, and a relevant protocol must be drawn up in accord - ance with the videotape, and the videotape must be attached to the case file on an electronic medium. While there are no specialised courts to deal with labour disputes, the Labour Code regulates special ways for the resolution of collective labour disputes (unlike individual labour disputes). The subject matter of collective labour disputes covers issues relating to collective bargaining agreements and interests of col - lective members. Parties are employers, employees (labour collective or its part) or trade unions. Resolu - tion through court proceedings of such disputes is not stipulated. However, the following conciliation methods are used. • Conciliation commission – Established within three working days from the date of the dispute and for - malised by the relevant order (disposal, decision) of the employer and decision of the employees’ representatives. • Intermediary – Determined by mutual agreement of the parties from among highly qualified and influen - tial individuals who have no interest in the outcome of the dispute. 9. Dispute Resolution 9.1 Litigation Specialised Employment Forums • Labour arbitration – Temporary body established by a joint decision of the parties no later than five working days from the date of agreement to refer the collective labour dispute to labour arbitration.
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