How are labor relations regulated?
Labor relations are one of the most important issues in the social and economic spheres in Azerbaijan, as in every country. The changing dynamics of the economy, changes in legislation and international practices have also caused changes in labor relations. In this article, we will look at topics such as the latest state of labor relations in Azerbaijan and the main directions of development, preparation of labor contracts, social insurance payments of employees, dismissals. "Norma Law and Consultation Center" service to protect your rights in any controversial situations related to the mentioned issues.
The legal services of "Norma Law and Consulting Center" on labor relations are as follows:
- preparation of employment contracts;
- social insurance payments of employees;
- disputes over vacation and time off;
- legal regulation of relations related to insurance and other social payments;
- cases of discrimination in the workplace;
- other labor disputes.
The main legislation on labor relations in Azerbaijan is described in the document called "Labor Code". This code regulates both the rights and duties of employees and employers.
The concept of "labor contract" is mentioned in Article 3, Clause 5 of the Labor Code. An employment contract is a written legal document that defines the working relationships and conditions of the employer and employee parties. This contract is used to properly regulate the labor relations between the employer and the employee as a business partner based on mutual agreement.
The employment contract must be prepared in writing in accordance with the legal requirements, the sample form attached to the Labor Code, and must be signed by the employee and the employer. One copy of this contract, which consists of at least two copies, must be kept by the employee and the other copy by the employer.
In accordance with the legislation, the following should be noted when preparing employment contracts:
1. Information about working parties: The name, surname, address and contact information (such as phone number, e-mail address) of the employer and employee parties must be included.
2. Subject of the work: Information about the type of work, assignment, tasks and working hours should be given in the employment contract.
3. Salary and payment: The employee's salary, how often the payment will be paid, in what currency and in what way should be noted.
4. Duration of work: The contract should specify the start and end date of the work.
5. Scholarships and bonuses: Scholarships and additional bonuses, conditions and criteria for salary increase should be mentioned.
6. Termination rules: Rules set for termination of the employment contract by the employee or the employer should be added.
7. Health and safety: Measures and regulations for the protection of the safety and health of workers at the workplace should be mentioned.
8. Confidentiality and recourse: The employment contract should include articles on the procedures to be applied for the protection of the employee's and the employer's information, and for the resolution of conflicts.
9. Additional conditions: Additional conditions defined by the employee or the employer (the right to change the employee's activity, work experience evaluation, etc.) should be noted.
When preparing an employment contract, it is important to ensure compliance with the legislation of the Republic of Azerbaijan.
Social insurance is one of the most important issues in labor relations. In Article 304 of the Labor Code, a number of issues regarding social insurance of employees are reflected:
Social insurance is a form of insurance aimed at preventing the loss of income of employees - wages, salary supplements, other payments, as well as other expenses in the specified manner and amount, in the cases provided for by the relevant normative legal acts.
When the employer concludes an employment contract with each employee, he must provide mandatory state social insurance in accordance with the procedure established by the Law of the Republic of Azerbaijan "On Social Insurance". In the employment contract, the relevant information about the mandatory state social insurance of the employee, including whether he is additionally insured or not, must be specified.
The issues related to vacation and rest times of each employee are also regulated in accordance with the sixteenth chapter of the Labor Code: All employees, as well as those who work on a substitute basis, can use the right to leave provided for in the Code, regardless of the duration of the employment contract and the position they hold.
The legal guarantees of employees are reflected in Article 111:
During the period of leave, the employee's workplace, position (profession) and the average salary in the cases provided for in this Code are maintained, as well as violation of the employment contract at the initiative of the employer and disciplinary action of the employee is not allowed. This period is included in the employee's seniority, as well as seniority in his specialty.
The employment contract, as well as collective agreements, may provide additional guarantees for employees on leave. The duration of the leave may vary depending on some factors, and these conditions are explained in detail in the seventeenth chapter.
Cases of discrimination in the workplace
Discrimination against employees in labor relations is not permissible, regardless of age, sex, race, religion, marital status, citizenship, and other factors not related to the results of their labor. Employees who have been discriminated against in labor relations can apply to the court to restore their rights.
The employment contract can be terminated in a number of cases. The details of this process are explained in detail in the tenth chapter. Thus, if the term of the employment contract expires, if the working conditions change, the employee or employer initiates the termination of this contract, the owner of the enterprise changes, other circumstances determined at the time of the conclusion of the employment contract or other circumstances beyond the will of the working parties occur, the contract are may be terminated. In the eleventh chapter, information is provided about the guarantees of employees when the employment contracts are terminated.
Labor relations have a special role in ensuring human rights, social justice and public welfare in all countries. These relations and labor rights must be protected and must comply with legal norms and standards. Law enforcement agencies and society should achieve the fulfillment of these norms and standards at the highest level.
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