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Which employees should the employer hand over their employment records to?
Which employees should the employer hand over their employment records to?
Regarding the recent amendments to the Labor Code, the transitional provision of the Law states that, from the date the Law comes into effect, employment records that are present in the electronic information system must be handed over to employees by employers. Let’s clarify the key points in this provision:
First Point: This concerns the date from which employers are required to return employment records. The transitional provision specifies that employment records must be returned from the date the Law comes into effect. The date the amendments to the Labor Code were approved by parliament is June 29, 2024, and the date of publication is August 12, 2024. Article 85.1 of the Constitutional Law of the Republic of Azerbaijan "On Normative Legal Acts" states that laws, decrees, and decisions of the Cabinet of Ministers of the Republic of Azerbaijan enter into force from the date of official publication unless a later date is specified in the acts themselves. Therefore, since the effective date of the amendments to the Labor Code is August 12, 2024, employers can begin handing over employment records to employees from this date.
Second Point: This concerns the period within which employers must hand over employment records. The transitional provision does not specify a final deadline for this. Therefore, employment records should be handed over to employees by employers within a reasonable period.
Third Point: This concerns whether employers need to make any notes in the employment records being handed over. Prior to the changes, employment records were handed over by employers upon termination of the employment contract, with termination details confirmed by signature and stamp. Currently, since employers are handing over employment records for employees with active contracts (i.e., whose employment has not been terminated), there is no need to make any additional notes in these records.
Fourth Point: This concerns which employees’ records should be returned by employers. The transitional provision specifies that employment records with data in the electronic information system should be handed over to employees. This raises the question: Should employment records that do not have data in the electronic information system also be returned to employees? For example, if an employee’s record includes details of employment contracts terminated before July 1, 2014, should the employer also return this record? It appears from the transitional provision that employment records without data in the electronic information system should not be returned. The provision specifically emphasizes that only employment records with data in the electronic information system need to be handed over. Therefore, it is believed that employers should only return employment records that have data in the electronic information system.
It is curious why the transitional provision does not mention "employment contracts terminated before July 1, 2014." This is because between 2008 and 2010, the State Social Protection Fund required some employers to provide information about employment records. Although it was not possible to complete this process for all employers, data for some employees was recorded in the electronic information system. Therefore, if the information about these employees' work history is reflected in the electronic system, employers should be able to return their employment records as well.
Regarding the recent amendments to the Labor Code, the transitional provision of the Law states that, from the date the Law comes into effect, employment records that are present in the electronic information system must be handed over to employees by employers. Let’s clarify the key points in this provision:
First Point: This concerns the date from which employers are required to return employment records. The transitional provision specifies that employment records must be returned from the date the Law comes into effect. The date the amendments to the Labor Code were approved by parliament is June 29, 2024, and the date of publication is August 12, 2024. Article 85.1 of the Constitutional Law of the Republic of Azerbaijan "On Normative Legal Acts" states that laws, decrees, and decisions of the Cabinet of Ministers of the Republic of Azerbaijan enter into force from the date of official publication unless a later date is specified in the acts themselves. Therefore, since the effective date of the amendments to the Labor Code is August 12, 2024, employers can begin handing over employment records to employees from this date.
Second Point: This concerns the period within which employers must hand over employment records. The transitional provision does not specify a final deadline for this. Therefore, employment records should be handed over to employees by employers within a reasonable period.
Third Point: This concerns whether employers need to make any notes in the employment records being handed over. Prior to the changes, employment records were handed over by employers upon termination of the employment contract, with termination details confirmed by signature and stamp. Currently, since employers are handing over employment records for employees with active contracts (i.e., whose employment has not been terminated), there is no need to make any additional notes in these records.
Fourth Point: This concerns which employees’ records should be returned by employers. The transitional provision specifies that employment records with data in the electronic information system should be handed over to employees. This raises the question: Should employment records that do not have data in the electronic information system also be returned to employees? For example, if an employee’s record includes details of employment contracts terminated before July 1, 2014, should the employer also return this record? It appears from the transitional provision that employment records without data in the electronic information system should not be returned. The provision specifically emphasizes that only employment records with data in the electronic information system need to be handed over. Therefore, it is believed that employers should only return employment records that have data in the electronic information system.
It is curious why the transitional provision does not mention "employment contracts terminated before July 1, 2014." This is because between 2008 and 2010, the State Social Protection Fund required some employers to provide information about employment records. Although it was not possible to complete this process for all employers, data for some employees was recorded in the electronic information system. Therefore, if the information about these employees' work history is reflected in the electronic system, employers should be able to return their employment records as well.