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Why was the concept of staffing (staff unit) included in the Labor Code?
Why was the concept of staffing (staff unit) included in the Labor Code?
Until the amendments to the Labor Code, some colleagues believed that since there was no concept of a staff schedule in the Labor Code, there was no need for a table reflecting staff units. Now, the concept of staff (staff unit) has been added to Article 3, “Basic Concepts Used in This Code.” According to the newly added paragraph 8-1 to Article 3 of the Labor Code, a staff (staff unit) is considered a unit in which the name of the position (profession) and the position (tariff) salary are reflected, created in the centralized electronic information system (hereinafter referred to as the electronic information system) designated by the relevant executive authority (the President of the Republic of Azerbaijan) or confirmed on paper in cases specified in part 2-1 of Article 7 of this Code.
As can be seen from the article, the unit where the name of the position (profession) and the position (tariff) salary are reflected, created by the employer in the EMAS subsystem, is considered a staff unit. Let’s clarify some points in the added article.
First point. Employers must create a staff schedule in the EMAS subsystem. In this case, the number of employees is not significant for employers. Regardless of whether the number of employees exceeds 1000 or is just one, the employer must determine staff in structural divisions within the EMAS subsystem.
Second point. Employers who create a structure in the EMAS subsystem must also create it on paper. After the employer's executive body (general assembly, board of directors, etc.) approves the structure, a staff schedule must be created in the EMAS subsystem based on that information.
Third point concerns the minimal requirements for a staff unit. As indicated by the definition, the staff unit must include the position (profession) name and the position (tariff) salary of the employee.
Example. If the employer creates a staff unit for the position of engineer, they must also specify the position (tariff) salary in the schedule. Even if the employer intends to offer a salary of 2000 manats along with a monthly 20 percent bonus or an additional salary for hazardous work, they can still state the position (tariff) salary of 2000 manats in the staff schedule.
Fourth point. After the employer has entered information about staff units into the EMAS subsystem, they must ensure that referrals are sent to employment agencies when vacancies arise for those staff positions. It should be noted that according to clause “a” of Article 11 of the Labor Code, the employer has the right to change the conditions of employment or reduce the number of employees, and to abolish staff or structural divisions in compliance with the requirements of this Code and other normative legal acts. Therefore, if the employer does not plan to hire an employee for a certain staff position for an extended period, they have the right to abolish that position.
The sending of candidates for vacant staff positions by state employment agencies will be reflected in the “Referrals” section of the Employment subsection of the EMAS subsystem. According to Article 540.3 of the Administrative Offenses Code, if the employer fails to submit a decision on whether the vacant position has been filled to the relevant executive authority within 5 working days from the date the referral is submitted by the designated authority, they may be fined between 300 and 500 manats. Additionally, according to Article 540.2 of the Administrative Offenses Code, if the employer fails to enter information regarding the establishment of a new position or the vacancy of a position into the centralized electronic information system within 5 working days from the date the position was created or vacated, they may be fined between 500 and 1000 manats.
It should be noted that although the fines under Articles 540.2 and 540.3 of the Administrative Offenses Code are not currently enforced, it is expected that they will be implemented in the future. It is particularly important to emphasize that the fines under Article 540.2 will be applied based on an electronic protocol for administrative offenses, using data obtained from the EMAS subsystem.
Fifth point concerns the requirement for the creation of a staff schedule only on paper. It should be noted that due to the exception regarding the entry of those mentioned in the "List of Positions (Professions) Arising from Employment Contracts Concluded in Written Form in State Authorities" approved by the Presidential Decree No. 206 dated July 8, 2014, they are only recorded in a schedule confirmed on paper.
Until the amendments to the Labor Code, some colleagues believed that since there was no concept of a staff schedule in the Labor Code, there was no need for a table reflecting staff units. Now, the concept of staff (staff unit) has been added to Article 3, “Basic Concepts Used in This Code.” According to the newly added paragraph 8-1 to Article 3 of the Labor Code, a staff (staff unit) is considered a unit in which the name of the position (profession) and the position (tariff) salary are reflected, created in the centralized electronic information system (hereinafter referred to as the electronic information system) designated by the relevant executive authority (the President of the Republic of Azerbaijan) or confirmed on paper in cases specified in part 2-1 of Article 7 of this Code.
As can be seen from the article, the unit where the name of the position (profession) and the position (tariff) salary are reflected, created by the employer in the EMAS subsystem, is considered a staff unit. Let’s clarify some points in the added article.
First point. Employers must create a staff schedule in the EMAS subsystem. In this case, the number of employees is not significant for employers. Regardless of whether the number of employees exceeds 1000 or is just one, the employer must determine staff in structural divisions within the EMAS subsystem.
Second point. Employers who create a structure in the EMAS subsystem must also create it on paper. After the employer's executive body (general assembly, board of directors, etc.) approves the structure, a staff schedule must be created in the EMAS subsystem based on that information.
Third point concerns the minimal requirements for a staff unit. As indicated by the definition, the staff unit must include the position (profession) name and the position (tariff) salary of the employee.
Example. If the employer creates a staff unit for the position of engineer, they must also specify the position (tariff) salary in the schedule. Even if the employer intends to offer a salary of 2000 manats along with a monthly 20 percent bonus or an additional salary for hazardous work, they can still state the position (tariff) salary of 2000 manats in the staff schedule.
Fourth point. After the employer has entered information about staff units into the EMAS subsystem, they must ensure that referrals are sent to employment agencies when vacancies arise for those staff positions. It should be noted that according to clause “a” of Article 11 of the Labor Code, the employer has the right to change the conditions of employment or reduce the number of employees, and to abolish staff or structural divisions in compliance with the requirements of this Code and other normative legal acts. Therefore, if the employer does not plan to hire an employee for a certain staff position for an extended period, they have the right to abolish that position.
The sending of candidates for vacant staff positions by state employment agencies will be reflected in the “Referrals” section of the Employment subsection of the EMAS subsystem. According to Article 540.3 of the Administrative Offenses Code, if the employer fails to submit a decision on whether the vacant position has been filled to the relevant executive authority within 5 working days from the date the referral is submitted by the designated authority, they may be fined between 300 and 500 manats. Additionally, according to Article 540.2 of the Administrative Offenses Code, if the employer fails to enter information regarding the establishment of a new position or the vacancy of a position into the centralized electronic information system within 5 working days from the date the position was created or vacated, they may be fined between 500 and 1000 manats.
It should be noted that although the fines under Articles 540.2 and 540.3 of the Administrative Offenses Code are not currently enforced, it is expected that they will be implemented in the future. It is particularly important to emphasize that the fines under Article 540.2 will be applied based on an electronic protocol for administrative offenses, using data obtained from the EMAS subsystem.
Fifth point concerns the requirement for the creation of a staff schedule only on paper. It should be noted that due to the exception regarding the entry of those mentioned in the "List of Positions (Professions) Arising from Employment Contracts Concluded in Written Form in State Authorities" approved by the Presidential Decree No. 206 dated July 8, 2014, they are only recorded in a schedule confirmed on paper.