Crucial Reform to the Labor Code of the Republic of Azerbaijan
The draft amendments to the Labor Code were discussed at the meeting of the Regional Affairs Committee of the Parliament. The proposed changes aim to align national labor legislation with international standards, enhance employee protections, and modernize employment regulation.
1. Alignment with International Labor Organization (ILO) Standards
In line with several ILO conventions ratified by the Republic of Azerbaijan, the draft introduces new legal definitions into the Labor Code, including:
- employee with family responsibilities
- minimum wage
2. Transition from Part-Time to Full-Time Employment
Following ILO Recommendation No. 165, the amendments propose that employers take active measures to enable part-time employees to transition to full-time employment when:
- a suitable vacancy arises; or
- the circumstances necessitating part-time work change.
3. Enhanced Maternity and Paternity Protection
Based on the ILO Maternity Protection Convention, the draft introduces important changes:
- if childbirth occurs later than the expected date, the prenatal leave period will be extended with full pay. This extension will not reduce the postnatal leave period.
- fathers will be entitled to 14 calendar days of paid leave during the prenatal and postnatal period, subject to submission of a medical certificate.
4. Mandatory Use of Annual Leave
To ensure employees effectively exercise their right to rest, the draft proposes that if an employee fails to apply for annual leave despite written notification, the employer may unilaterally grant annual leave for the relevant working year by issuing an official order.
5. Legalization of Remote Work
To ensure that remote employees enjoy the same legal protections as on-site employees, the notion of “remote work” is introduced within the Labor Code and will apply to employees performing work:
- at home using the employer’s materials and equipment; or
- through remote work arrangements.
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