NEWS

Main Innovations in Labor Legislation – LIST

President Ilham Aliyev has approved amendments to the legislation related to labor relations. More than 400 changes have been made in total to the Labor Code and a number of other laws.

According to information provided to AZƏRTAC by the Public Relations Department of the Ministry of Labor and Social Protection of the Population, these changes aim to improve labor legislation in line with the conventions of the International Labour Organization and international best practices, to ensure more reliable protection of workers' rights, to introduce flexible and socially oriented legal mechanisms in labor relations, and to incorporate new concepts that meet modern requirements into the legislation.

The term “Worker with family responsibilities” has been added to the Labor Code as a new concept. This term covers a worker whose labor activity is restricted due to caring for a family member in need of care or assistance.

Benefits and privileges granted to workers with family responsibilities in labor relations will not be considered discrimination. When preparing shift work schedules and assigning night shifts, the special needs of workers related to their family responsibilities will be taken into account.

One of the key innovations is the establishment of the legal basis for workers to perform their labor functions remotely (distant) using electronic and software-technical means. For this purpose, the concept of “Remote (distant) work” has been introduced into the Code. The conditions of remote work will be additionally determined in the employment contract with the agreement of the parties.

In the legislation, the expression “termination of the employment contract” has been replaced with “expiration/cessation of the employment contract.” The legal basis for the activities of the Tripartite Commission on Labor and Social Issues has been strengthened. It has been ensured that the average wage during an employee's vacation period is maintained at no less than their last wage.

Other significant changes include the following:

• When the employment contract of a worker called up for military service is terminated, the employer must pay a benefit in the amount of at least three times the average monthly wage;
• Inclusion of war veterans with disabilities, participants in the events of January 20, Chernobyl NPP, combat operations, and workers awarded Azerbaijan's highest state decoration in the list of those entitled to at least 46 calendar days of annual leave;
• Extension of the pre-birth portion of maternity leave until the day of birth, without shortening the post-birth portion;
• Granting men 14 calendar days of paid leave in connection with the birth of a child;
• Termination of the employment contract with workers who have lost work capacity for more than 6 months and where adaptation of the workplace is not possible, based on an individual rehabilitation program;
• Granting additional or basic unpaid leave to a worker on a business trip for the corresponding period at the main or additional workplace;
• In enterprises with fewer than 50 employees, occupational safety is organized by a knowledgeable worker; if not possible, the relevant position must be established;
• In enterprises of individual employers with more than 50 employees, the position of occupational safety engineer must be established;
• Ensuring the worker's right to transition to full-time work when a vacancy arises or when part-time conditions change;
• Conducting occupational safety training at least once every 3 months in hazardous and high-risk workplaces, and at least once a year in other workplaces; and so on.

These changes are aimed at regulating labor relations in a more flexible, fair, and modern-compliant manner.