en
After the new changes, how will the employer determine the employee's work experience?
After the new changes, how will the employer determine the employee's work experience?
The transitional provisions of the law related to the latest amendments to the Labor Code clarify how work experience will be determined. According to Article 12.1 of the law, the work experience of employees who work in state institutions specified in Article 7.2-1 of the Labor Code of the Republic of Azerbaijan, as well as those whose employment contracts were terminated before July 1, 2014, will be determined based on their employment record book. Let’s focus on three key points in relation to the requirements of the transitional provision.
First point: For those working in state institutions specified in Article 7.2-1 of the Labor Code, work experience will be determined based on their employment record book. It should be noted that the list of positions for which it is mandatory to conclude paper-based employment contracts was approved by the Presidential Decree No. 206 dated July 8, 2014.
Example: When determining the work experience of a special-ranked officer working in the migration service, the employment details must be recorded in the employment record book, regardless of the periods during which the person worked.
Second point concerns employees whose employment contracts were terminated before July 1, 2014. One might ask why July 1, 2014, was chosen as the reference date. This is because the electronic registration system for employment contracts became operational from that date. Another question: Why are employees whose contracts were terminated before that date considered? Because employers entered the active employment contracts into the electronic information system as of July 1.
Example 1: An employee was hired on October 10, 2008. The employer terminated the employment contract on March 12, 2015. In this case, the information will be available in the EMAS subsystem.
Example 2: Although the employee was hired on March 15, 2013, the employment contract was terminated one year later on March 15, 2014. Since the employment contract was terminated before July 1, 2014, this information will not be available in the EMAS subsystem.
Third point is the tracking of the employee’s work experience. It should be noted that work experience is used in some articles of the Labor Code. We present information about these articles:
Article 3.2-1 of the Labor Code states that a specialist working in the territories of the Republic of Azerbaijan liberated from occupation—a person with a state certificate of vocational, secondary special, or higher education and at least 24 months of work experience in the last 60 months and working under an employment contract (except for persons with special ranks)—must have at least 24 months of work experience in the last 60 months. The employer hiring a specialist to work in the liberated area must verify that the specialist has at least 24 months of work experience in the last 60 months.
Article 77 of the Labor Code, which regulates issues related to the liquidation of an enterprise and the reduction of the number of employees or staff positions, also refers to work experience. Both warning and severance pay are based on the employee’s work experience at the last place of work.
According to Article 116 of the Labor Code, additional leave durations are determined based on work experience. The issue most frequently addressed by human resources specialists regarding work experience is the determination of additional leave. According to Article 116 of the Labor Code, if the work experience is from five to ten years—2 calendar days, from ten to fifteen years—4 calendar days, and more than fifteen years—6 calendar days of additional leave are granted.
It should also be noted that temporary disability or social leave is based not on work experience but on social insurance experience.
Fourth point concerns determining the work experience of employees whose information is not available in the electronic information system.
Example: Although the person being hired has work experience from 2008 to 2013, for known reasons, this information will not be reflected in the electronic information system. In this case, the employer may request copies of the relevant pages of the employment record book to determine the work experience of the person being hired.
The transitional provisions of the law related to the latest amendments to the Labor Code clarify how work experience will be determined. According to Article 12.1 of the law, the work experience of employees who work in state institutions specified in Article 7.2-1 of the Labor Code of the Republic of Azerbaijan, as well as those whose employment contracts were terminated before July 1, 2014, will be determined based on their employment record book. Let’s focus on three key points in relation to the requirements of the transitional provision.
First point: For those working in state institutions specified in Article 7.2-1 of the Labor Code, work experience will be determined based on their employment record book. It should be noted that the list of positions for which it is mandatory to conclude paper-based employment contracts was approved by the Presidential Decree No. 206 dated July 8, 2014.
Example: When determining the work experience of a special-ranked officer working in the migration service, the employment details must be recorded in the employment record book, regardless of the periods during which the person worked.
Second point concerns employees whose employment contracts were terminated before July 1, 2014. One might ask why July 1, 2014, was chosen as the reference date. This is because the electronic registration system for employment contracts became operational from that date. Another question: Why are employees whose contracts were terminated before that date considered? Because employers entered the active employment contracts into the electronic information system as of July 1.
Example 1: An employee was hired on October 10, 2008. The employer terminated the employment contract on March 12, 2015. In this case, the information will be available in the EMAS subsystem.
Example 2: Although the employee was hired on March 15, 2013, the employment contract was terminated one year later on March 15, 2014. Since the employment contract was terminated before July 1, 2014, this information will not be available in the EMAS subsystem.
Third point is the tracking of the employee’s work experience. It should be noted that work experience is used in some articles of the Labor Code. We present information about these articles:
Article 3.2-1 of the Labor Code states that a specialist working in the territories of the Republic of Azerbaijan liberated from occupation—a person with a state certificate of vocational, secondary special, or higher education and at least 24 months of work experience in the last 60 months and working under an employment contract (except for persons with special ranks)—must have at least 24 months of work experience in the last 60 months. The employer hiring a specialist to work in the liberated area must verify that the specialist has at least 24 months of work experience in the last 60 months.
Article 77 of the Labor Code, which regulates issues related to the liquidation of an enterprise and the reduction of the number of employees or staff positions, also refers to work experience. Both warning and severance pay are based on the employee’s work experience at the last place of work.
According to Article 116 of the Labor Code, additional leave durations are determined based on work experience. The issue most frequently addressed by human resources specialists regarding work experience is the determination of additional leave. According to Article 116 of the Labor Code, if the work experience is from five to ten years—2 calendar days, from ten to fifteen years—4 calendar days, and more than fifteen years—6 calendar days of additional leave are granted.
It should also be noted that temporary disability or social leave is based not on work experience but on social insurance experience.
Fourth point concerns determining the work experience of employees whose information is not available in the electronic information system.
Example: Although the person being hired has work experience from 2008 to 2013, for known reasons, this information will not be reflected in the electronic information system. In this case, the employer may request copies of the relevant pages of the employment record book to determine the work experience of the person being hired.