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Important points regarding the return of work books to employees
Important points regarding the return of work books to employees
Regarding the recent amendments to the Labor Code, the transitional provision of the Law states that from the date of entry into force of this Law, the employment records, the data of which are available in the electronic information system, are handed over to the employees by the employers. On the subject, tax expert Anar Bayramov clarifies some notable points in the mentioned article:
The first point is related to the date from which the employer must return the employment records. The transitional provision states that the employment records must be returned from the date of entry into force of this Law. The date of adoption of the Law on Amendments to the Labor Code by the 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 shall enter into force from the date of their official publication, unless a later date of entry into force is provided for in those acts. Therefore, since the effective date of the Law on Amendments to the Labor Code is considered to be August 12, 2024, employers can hand over their work books to employees from that date.
The second point is the period until which the employer must hand over the work books. The transitional provision does not specify a deadline for handing over the work books. Therefore, the period within which the work books must be handed over to employees is determined by the employers.
The third pointis whether the employer makes any notes in the handed over work books. Since the work books were handed over by employers in the event of termination of the employment contract before the amendment, the notes on the termination were confirmed by signature and seal. In the current case, since employers hand over the work books of current employees, that is, employees whose employment contracts have not been terminated, there is no need to make any notes in the book.
The fourth pointis the period until which the employer returns the work books of which employees. The transitional provision of the law states that the work books whose data is available in the electronic information system must be handed over to the employees. At this point, the question arises whether the work books whose data is not available in the electronic information system must be returned to the employees?
Example: Suppose that the employee's work book contains the data of the employment contracts terminated before July 1, 2014. In this case, should the employer also return the work book of that employee?
It is understood from the transitional provision that the work books whose data is not available in the electronic information system must not be returned to the employees. Because the transitional provision does not state that from the date of entry into force of this Law, all work books must be handed over to the employees by the employers. It was specifically emphasized that "…workbooks whose data is available in the electronic information system” should be handed over to employees. For this reason, we believe that the employer should return workbooks only to employees whose data is available in the electronic information system.
It is interesting why the concept of "labor contracts terminated before July 1, 2014" was not used in the transitional provision? Because in 2008-2010, the State Social Protection Fund requested information about the workbook from some employers. Although it was not possible to implement the process for all employers in connection with these requirements, information on some employees was reflected in the electronic information system. Therefore, if the information on the work experience of those persons is reflected in the electronic system, employers can also return their workbooks. It is also possible that a certain part of the period when the employee began his work experience coincided with the time when the paper labor contract was signed. In this case, that period will not be reflected in the electronic information system.
But how should the workbook of an employee whose labor contract was terminated be handed over?
After the Law on the latest amendment to the Labor Code came into force, an employee may be dismissed for any reason. When the employer carried out the process of terminating the employment contract, he did not hand over the employment book to that person. In this case, the employer may make a note of the termination in the employment book of the employee whose employment contract was terminated and then hand over the document to the employee.
Another situation is also possible that the employment contract is terminated after the employee's employment book is handed over. In this case, the legislation does not provide for the employer to take back the employment book handed over to the employee and make a note of the termination.
Regarding the recent amendments to the Labor Code, the transitional provision of the Law states that from the date of entry into force of this Law, the employment records, the data of which are available in the electronic information system, are handed over to the employees by the employers. On the subject, tax expert Anar Bayramov clarifies some notable points in the mentioned article:
The first point is related to the date from which the employer must return the employment records. The transitional provision states that the employment records must be returned from the date of entry into force of this Law. The date of adoption of the Law on Amendments to the Labor Code by the 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 shall enter into force from the date of their official publication, unless a later date of entry into force is provided for in those acts. Therefore, since the effective date of the Law on Amendments to the Labor Code is considered to be August 12, 2024, employers can hand over their work books to employees from that date.
The second point is the period until which the employer must hand over the work books. The transitional provision does not specify a deadline for handing over the work books. Therefore, the period within which the work books must be handed over to employees is determined by the employers.
The third pointis whether the employer makes any notes in the handed over work books. Since the work books were handed over by employers in the event of termination of the employment contract before the amendment, the notes on the termination were confirmed by signature and seal. In the current case, since employers hand over the work books of current employees, that is, employees whose employment contracts have not been terminated, there is no need to make any notes in the book.
The fourth pointis the period until which the employer returns the work books of which employees. The transitional provision of the law states that the work books whose data is available in the electronic information system must be handed over to the employees. At this point, the question arises whether the work books whose data is not available in the electronic information system must be returned to the employees?
Example: Suppose that the employee's work book contains the data of the employment contracts terminated before July 1, 2014. In this case, should the employer also return the work book of that employee?
It is understood from the transitional provision that the work books whose data is not available in the electronic information system must not be returned to the employees. Because the transitional provision does not state that from the date of entry into force of this Law, all work books must be handed over to the employees by the employers. It was specifically emphasized that "…workbooks whose data is available in the electronic information system” should be handed over to employees. For this reason, we believe that the employer should return workbooks only to employees whose data is available in the electronic information system.
It is interesting why the concept of "labor contracts terminated before July 1, 2014" was not used in the transitional provision? Because in 2008-2010, the State Social Protection Fund requested information about the workbook from some employers. Although it was not possible to implement the process for all employers in connection with these requirements, information on some employees was reflected in the electronic information system. Therefore, if the information on the work experience of those persons is reflected in the electronic system, employers can also return their workbooks. It is also possible that a certain part of the period when the employee began his work experience coincided with the time when the paper labor contract was signed. In this case, that period will not be reflected in the electronic information system.
But how should the workbook of an employee whose labor contract was terminated be handed over?
After the Law on the latest amendment to the Labor Code came into force, an employee may be dismissed for any reason. When the employer carried out the process of terminating the employment contract, he did not hand over the employment book to that person. In this case, the employer may make a note of the termination in the employment book of the employee whose employment contract was terminated and then hand over the document to the employee.
Another situation is also possible that the employment contract is terminated after the employee's employment book is handed over. In this case, the legislation does not provide for the employer to take back the employment book handed over to the employee and make a note of the termination.