AZERBAIJAN Trends and Developments Contributed by: Sona Abdullayeva and Ayna Abbaszada, Caspian Legal Center
sidered concluded and comes into legal force when it is signed with an enhanced electronic signature by the parties from the date of the last signature. Innovations in the termination of labour relations Termination of employment contracts Another amendment to the Code in 2024 is that the law now allows either party to terminate the employ - ment contract during the probation period by notifying the other party not only on paper but also through the electronic information system three days in advance. Additionally, if the employer changes the terms of employment, the employee can terminate the employ - ment contract by observing the appropriate notice period. Termination of the employment contract comes into legal force from the date the relevant order (instruc - tion, decision) is entered by the employer into the sys - tem. The termination date of the employment contract cannot be set earlier than the date the order (instruc - tion, decision) on the termination is signed (except in cases provided for by law). Changes have also been made regarding the termina - tion of fixed-term employment contracts. The notice period for terminating them has been set at a mini - mum of one week before the expiration of the con - tract. If neither party informs the other of the termina - tion of the contract due to the expiration of the term, the employment contract is extended for the period specified in the contract or considered indefinite in cases prescribed by law. If the employee is notified in accordance with the law, the employer may termi - nate the contract on the day the employee returns to work if the term of the fixed-term employment con - tract expires during the employee’s absence for valid reasons. Procedure for documenting termination of employment contracts The employer may specify procedures for document - ing the termination of the employment contract with the employee that differ from the procedures pre - scribed by law. If such procedures are not provided, then the termination of the employment contract, whether initiated by the employee, the employer, or due to circumstances beyond the control of the par -
ties, must be formalised by the employer’s justified order (instruction, decision) in accordance with the grounds and procedures prescribed by law. When terminating employment contracts concluded in elec - tronic form, the employer’s order (instruction, deci - sion) is signed with an enhanced electronic signature in the electronic information system and placed in the employee’s electronic cabinet. Several changes have also been made to the content of the order on the In 2024, a model form of the employment contract inserted in the Code has been amended as well, and the scope of requested information is narrowed due to electronic documentation being used. Removed infor - mation regarding the employer, if they are a physical person, includes: • the insurance payer’s registration number (SUN); • social insurance number (SSN); • the name of the identification document, its series, number and issuance date; and • the name of the authority that issued the identifica - tion document. Removed data from the employee’s information includes: • citizenship; • the name of the identification document, its series, number and issuance date; • the name of the authority that issued the identifica - tion document; • education, qualification, profession; • the name of the educational institution graduated from; and • social insurance number (SSN) has been excluded for employees whose employment contracts are executed in electronic document form. termination of the employment contract. Model form of the employment contract The model form of the employment contract has also been updated with co-ordination-related amendments in line with the changes in this law. New administrative offences in the field of labour The Administrative Offences Code has undergone several changes pertaining to labour relations, which
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