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Questions regarding changes to online employment contracts in the Labor Code
Questions regarding changes to online employment contracts in the Labor Code
As previously reported, President Ilham Aliyev has approved the changes to the Labor Code. Experts from the Mks.az website have compiled and answered five questions related to online employment contracts that our organization has received.
For your information, the book "Labor Code (Explanation of Recent Changes)" which will be available for sale from August 20, 2024, provides comprehensive information about online employment contracts. To order the book, you can contact us at 050-368-12-72 (also active on WhatsApp) or via email at [email protected].
Question 1. Must employees be hired exclusively through online employment contracts?
Answer: According to the new requirements, employers must hire new employees exclusively through online employment contracts. The only exception is for positions (professions) in state bodies where employment relationships are established in written paper form, as confirmed by the Decree No. 206 of July 8, 2014, by the President of the Republic of Azerbaijan.
Here’s how the process works: After the employer prepares the employment contract in the EMAS subsystem, it is sent to the other party (the future employee) for signing. Once the hired employee confirms the employment contract with an electronic signature, the document is considered legally effective. This is why the concept of the "Employment Contract Notification" has been abolished as a result of the recent changes in the Labor Code.
Question 2. Is it currently possible to hire employees in the old way using the EMAS subsystem?
Answer: It is possible that the Ministry of Labor and Social Protection may temporarily allow the hiring of employees both through online employment contracts and in the previous manner (using the employment contract notification) in the EMAS subsystem. However, after a certain period, employers will only be able to hire employees through online employment contracts.
Question 3. What processes must an employer follow to sign an online employment contract with a new employee?
Answer: To sign an online employment contract with a new employee, the person must have a qualified electronic signature. A qualified electronic signature refers to an Asan Imza or SİMA signature. To obtain an Asan Imza, a citizen must first apply to mobile operators and then to Asan Service centers. To get a SİMA signature, the SİMA software must be installed on a mobile phone. After installation, personal identification details (TIN and serial number) are entered. Following this, the facial recognition process is carried out according to the requirements of the SİMA software. Once successfully completed, a 6-digit password is set for accessing the software. Both Asan Imza and SİMA software allow access to the EMAS platform.
Question 4. Are changes to employment contracts made before the new amendments required to be done through online employment contracts?
Answer: According to the transitional provisions of the law on amendments to the Labor Code, employment contracts concluded before the law's enactment must be converted to electronic form in accordance with the stages determined by the relevant executive authority (President of the Republic of Azerbaijan) or the Cabinet of Ministers. Although the relevant decision of the Cabinet of Ministers has not yet been issued, the EMAS subsystem suggests that employers make changes to employment contracts online. Therefore, employers can make changes to existing employees’ contracts in two ways: using the previous method or online if the employee has an electronic signature.
Question 5. When an employer terminates an employee's employment contract, is the employee's electronic consent required?
Answer: According to the changes in the Labor Code, when an employment contract is terminated, the employer must send the termination order electronically to the employee’s personal cabinet. The purpose of sending the termination order is not to obtain the employee’s approval but to inform them about the termination. Therefore, electronic consent from the employee is not required in the application of the electronic employment contract.
As previously reported, President Ilham Aliyev has approved the changes to the Labor Code. Experts from the Mks.az website have compiled and answered five questions related to online employment contracts that our organization has received.
For your information, the book "Labor Code (Explanation of Recent Changes)" which will be available for sale from August 20, 2024, provides comprehensive information about online employment contracts. To order the book, you can contact us at 050-368-12-72 (also active on WhatsApp) or via email at [email protected].
Question 1. Must employees be hired exclusively through online employment contracts?
Answer: According to the new requirements, employers must hire new employees exclusively through online employment contracts. The only exception is for positions (professions) in state bodies where employment relationships are established in written paper form, as confirmed by the Decree No. 206 of July 8, 2014, by the President of the Republic of Azerbaijan.
Here’s how the process works: After the employer prepares the employment contract in the EMAS subsystem, it is sent to the other party (the future employee) for signing. Once the hired employee confirms the employment contract with an electronic signature, the document is considered legally effective. This is why the concept of the "Employment Contract Notification" has been abolished as a result of the recent changes in the Labor Code.
Question 2. Is it currently possible to hire employees in the old way using the EMAS subsystem?
Answer: It is possible that the Ministry of Labor and Social Protection may temporarily allow the hiring of employees both through online employment contracts and in the previous manner (using the employment contract notification) in the EMAS subsystem. However, after a certain period, employers will only be able to hire employees through online employment contracts.
Question 3. What processes must an employer follow to sign an online employment contract with a new employee?
Answer: To sign an online employment contract with a new employee, the person must have a qualified electronic signature. A qualified electronic signature refers to an Asan Imza or SİMA signature. To obtain an Asan Imza, a citizen must first apply to mobile operators and then to Asan Service centers. To get a SİMA signature, the SİMA software must be installed on a mobile phone. After installation, personal identification details (TIN and serial number) are entered. Following this, the facial recognition process is carried out according to the requirements of the SİMA software. Once successfully completed, a 6-digit password is set for accessing the software. Both Asan Imza and SİMA software allow access to the EMAS platform.
Question 4. Are changes to employment contracts made before the new amendments required to be done through online employment contracts?
Answer: According to the transitional provisions of the law on amendments to the Labor Code, employment contracts concluded before the law's enactment must be converted to electronic form in accordance with the stages determined by the relevant executive authority (President of the Republic of Azerbaijan) or the Cabinet of Ministers. Although the relevant decision of the Cabinet of Ministers has not yet been issued, the EMAS subsystem suggests that employers make changes to employment contracts online. Therefore, employers can make changes to existing employees’ contracts in two ways: using the previous method or online if the employee has an electronic signature.
Question 5. When an employer terminates an employee's employment contract, is the employee's electronic consent required?
Answer: According to the changes in the Labor Code, when an employment contract is terminated, the employer must send the termination order electronically to the employee’s personal cabinet. The purpose of sending the termination order is not to obtain the employee’s approval but to inform them about the termination. Therefore, electronic consent from the employee is not required in the application of the electronic employment contract.