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Procedures for conducting workplace certification
Procedures for conducting workplace certification
According to Article 64 of the Labor Code, workplace certification must be conducted to ensure occupational safety measures, assess and improve the condition of production sanitation and hygiene, increase labor productivity and efficiency, and apply the most advanced labor organization methods, including the introduction of new techniques or technologies. For this purpose, a workplace certification commission is established, consisting of representatives from local trade unions, occupational safety services, and professional experts in labor organization.
Expert Ramin Hajiyev comments on these legal requirements: The procedures for conducting workplace certification are regulated by the Cabinet of Ministers of the Republic of Azerbaijan's decision No. 38 of March 6, 2000.
Key points regarding workplace certification:
- All workplaces in the enterprise must undergo certification;
- The certification period is determined by the enterprise, but it should not be less than once every 5 years, depending on changes in the nature and conditions of labor;
- The results of the certification commission’s work are formalized in a protocol on workplace conditions;
- Based on the results of certification, the employer cannot terminate employment contracts with employees.
According to the amendment to the Labor Code on June 23, 2023, copies of the documents related to the certification process and its results must be submitted to the State Labor Inspectorate within 10 working days.
As a result of the workplace certification process, all dangerous and harmful production factors, the weight and intensity of labor are assessed and identified. After evaluating the danger and harm of workplaces, it is deemed appropriate to assign additional benefits to employees working in such conditions.
According to Article 192.2 of the Administrative Offenses Code, an employer who violates the procedures for conducting workplace certification may be fined between 700 and 1,200 AZN.
It should be noted that by the Cabinet of Ministers’ Decision No. 423 dated September 27, 2019, the State Labor Protection Fund was established. This fund will create a record system for tracking workplace certification by employers. In the future, administrative fines are expected to be imposed on employers who fail to conduct workplace certification.
According to Article 64 of the Labor Code, workplace certification must be conducted to ensure occupational safety measures, assess and improve the condition of production sanitation and hygiene, increase labor productivity and efficiency, and apply the most advanced labor organization methods, including the introduction of new techniques or technologies. For this purpose, a workplace certification commission is established, consisting of representatives from local trade unions, occupational safety services, and professional experts in labor organization.
Expert Ramin Hajiyev comments on these legal requirements: The procedures for conducting workplace certification are regulated by the Cabinet of Ministers of the Republic of Azerbaijan's decision No. 38 of March 6, 2000.
Key points regarding workplace certification:
- All workplaces in the enterprise must undergo certification;
- The certification period is determined by the enterprise, but it should not be less than once every 5 years, depending on changes in the nature and conditions of labor;
- The results of the certification commission’s work are formalized in a protocol on workplace conditions;
- Based on the results of certification, the employer cannot terminate employment contracts with employees.
According to the amendment to the Labor Code on June 23, 2023, copies of the documents related to the certification process and its results must be submitted to the State Labor Inspectorate within 10 working days.
As a result of the workplace certification process, all dangerous and harmful production factors, the weight and intensity of labor are assessed and identified. After evaluating the danger and harm of workplaces, it is deemed appropriate to assign additional benefits to employees working in such conditions.
According to Article 192.2 of the Administrative Offenses Code, an employer who violates the procedures for conducting workplace certification may be fined between 700 and 1,200 AZN.
It should be noted that by the Cabinet of Ministers’ Decision No. 423 dated September 27, 2019, the State Labor Protection Fund was established. This fund will create a record system for tracking workplace certification by employers. In the future, administrative fines are expected to be imposed on employers who fail to conduct workplace certification.