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Which employees should the employer hand over their work books to?
Which employees should the employer hand over their work books to?
In the transitional provisions of the law regarding the recent changes made to the Labor Code, it is stated that from the date this law comes into force, labor books containing information in the electronic information system will be handed over to employees by employers. Let's clarify the important points to pay attention to in this article.
First point concerns the date from which employers must return the labor books. The transitional provisions indicate that labor books must be returned from the date this law comes into force. The date of the law on amendments to the Labor Code’s adoption in parliament is June 29, 2024, and its publication date 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 come into force from the day they are officially published unless a later date of entry into force is specified in those acts. Therefore, since the date of entry into force of the law regarding changes to the Labor Code is considered to be August 12, 2024, employers can hand over labor books to employees from that date.
Second point is about the period until which employers should hand over the labor books. The transitional provisions do not specify a final deadline for the handover of labor books. Therefore, labor books should be handed over by employers to employees within a reasonable timeframe.
Third point concerns whether employers make any entries in the handed-over labor books. Prior to the amendments, the labor book was handed over by employers only in the case of termination of the employment contract, and entries about the termination were certified by signature and seal. Currently, since employers are handing over labor books of employees whose employment contracts have not been terminated, there is no need to make any entries in the books.
Fourth point relates to which employees’ labor books should be returned by the employer. The transitional provisions of the law state that only labor books containing information in the electronic information system should be handed over to employees. This raises the question: should labor books that do not have information in the electronic information system be returned to employees?
For example, if a worker's labor book shows records of employment contracts terminated before July 1, 2014, should the employer return this labor book to that worker? From the transitional provisions, it can be understood that labor books without information in the electronic information system should not be returned to employees. This is because it is not stated in the transitional provisions that all labor books must be handed over to employees by employers from the date this law comes into force. It is specifically emphasized that only labor books with information in the electronic information system should be handed over to employees. Therefore, we believe that the employer should return labor books only to those employees for whom information exists in the electronic information system.
It is interesting why the transitional provisions do not use the term “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 labor books. Although it was not possible to implement the process for all employers, information about some employees was reflected in the electronic information system. Therefore, if data about the employment history of those individuals is available in the electronic system, employers can return their labor books as well.
It is also possible that a worker has worked in positions governed by an employment contract in mandatory paper form regulated by presidential decree for a certain part of their employment history. In this case, that period will not be reflected in the electronic information system.
In the transitional provisions of the law regarding the recent changes made to the Labor Code, it is stated that from the date this law comes into force, labor books containing information in the electronic information system will be handed over to employees by employers. Let's clarify the important points to pay attention to in this article.
First point concerns the date from which employers must return the labor books. The transitional provisions indicate that labor books must be returned from the date this law comes into force. The date of the law on amendments to the Labor Code’s adoption in parliament is June 29, 2024, and its publication date 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 come into force from the day they are officially published unless a later date of entry into force is specified in those acts. Therefore, since the date of entry into force of the law regarding changes to the Labor Code is considered to be August 12, 2024, employers can hand over labor books to employees from that date.
Second point is about the period until which employers should hand over the labor books. The transitional provisions do not specify a final deadline for the handover of labor books. Therefore, labor books should be handed over by employers to employees within a reasonable timeframe.
Third point concerns whether employers make any entries in the handed-over labor books. Prior to the amendments, the labor book was handed over by employers only in the case of termination of the employment contract, and entries about the termination were certified by signature and seal. Currently, since employers are handing over labor books of employees whose employment contracts have not been terminated, there is no need to make any entries in the books.
Fourth point relates to which employees’ labor books should be returned by the employer. The transitional provisions of the law state that only labor books containing information in the electronic information system should be handed over to employees. This raises the question: should labor books that do not have information in the electronic information system be returned to employees?
For example, if a worker's labor book shows records of employment contracts terminated before July 1, 2014, should the employer return this labor book to that worker? From the transitional provisions, it can be understood that labor books without information in the electronic information system should not be returned to employees. This is because it is not stated in the transitional provisions that all labor books must be handed over to employees by employers from the date this law comes into force. It is specifically emphasized that only labor books with information in the electronic information system should be handed over to employees. Therefore, we believe that the employer should return labor books only to those employees for whom information exists in the electronic information system.
It is interesting why the transitional provisions do not use the term “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 labor books. Although it was not possible to implement the process for all employers, information about some employees was reflected in the electronic information system. Therefore, if data about the employment history of those individuals is available in the electronic system, employers can return their labor books as well.
It is also possible that a worker has worked in positions governed by an employment contract in mandatory paper form regulated by presidential decree for a certain part of their employment history. In this case, that period will not be reflected in the electronic information system.