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What changes have been implemented in the data related to employees' labor activities?
What changes have been implemented in the data related to employees' labor activities?
According to the first part of Article 87 of the Labor Code, except for the case mentioned in the second part of this article, information about the employee’s labor activity is recorded in the electronic information system. What specific information does this pertain to? Tax expert Anar Bayramov provides clarification:
After the recent amendments, the EMAS sub-system ensures that both old and new employment contracts are accounted for by employers. In the "Online Labor Contracts Registry" section, under the "Employee's Old Labor Contracts" subsection, it is possible to obtain information about the terminated employment contracts of the employee. In this section, most of the information that is recorded in the employee’s work book is reflected. In some cases, information about additional workplaces not mentioned in the work book can also be obtained from this section. Unlike the data presented in the work book, the EMAS sub-system only records the positions terminated under the labor contract. Even though an employee’s transition from one position to another is noted in the work book, this information is not found in the EMAS section.
The second part of Article 87 of the Labor Code regulates paper-based employment contracts. According to this part, in cases determined by Article 7, part 2-1 of this Code, information about the employee’s labor activity is recorded in the work book. The employer must make appropriate entries in the work books of all employees who have worked more than 5 days, regarding their hiring, transfer to another permanent job, and termination of the labor contract. The information about the employee’s labor activity includes records about their work experience, such as the day, month, and year they started, their profession (position), the reason for termination, and the day, month, and year of termination.
The situations defined in Article 7, part 2-1 of the Labor Code refer to the "List of Positions (Professions) Emerging When Labor Relations are Established in State Authorities via a Written Employment Contract" approved by the President of the Republic of Azerbaijan on July 8, 2014, under Decree No. 206. According to part 3 of Article 87 of the Labor Code, the form of the work book and the procedure for its completion are approved by the relevant executive authority or institution designated by the relevant body. As before the changes, part 3 of Article 87 also refers to the "Form of the Work Book of Employees and the Rules for Its Completion," which was approved by the Cabinet of Ministers on December 26, 1996, under Decree No. 186.
Part 4 of Article 87 of the Labor Code regulates the issue of considering the labor activity of a citizen who worked in a foreign country. It states that the information about the labor activity of an Azerbaijani citizen in a foreign country is recorded in the electronic information system, and in the cases specified by part 2-1 of Article 7 of this Code, in the work book, based on the employment contract concluded with the foreign employer and the document proving that compulsory state insurance has been carried out. This information is recorded by the relevant executive authority or body designated by the relevant institution.
Example 1: A citizen who worked in the Russian Federation will work in a position specified in the "List of Positions (Professions) Emerging When Labor Relations are Established in State Authorities via a Written Employment Contract," approved by the President’s Decree No. 206 of July 8, 2014. Since a work book is required for those working in this position, the employee must apply to the Ministry of Labor and Social Protection of Population with the employment contract signed with the foreign employer and the documents confirming that compulsory state insurance has been implemented.
Example 2: A citizen who worked in the Republic of Turkey then got a job at one of Azerbaijan’s private banks. Since a work book is not required during employment in banks, the employee must apply to the Ministry of Labor and Social Protection of Population with the relevant documents specified in part 4 of Article 87 of the Labor Code for the recording of information about foreign employment in the electronic information system.
According to the first part of Article 87 of the Labor Code, except for the case mentioned in the second part of this article, information about the employee’s labor activity is recorded in the electronic information system. What specific information does this pertain to? Tax expert Anar Bayramov provides clarification:
After the recent amendments, the EMAS sub-system ensures that both old and new employment contracts are accounted for by employers. In the "Online Labor Contracts Registry" section, under the "Employee's Old Labor Contracts" subsection, it is possible to obtain information about the terminated employment contracts of the employee. In this section, most of the information that is recorded in the employee’s work book is reflected. In some cases, information about additional workplaces not mentioned in the work book can also be obtained from this section. Unlike the data presented in the work book, the EMAS sub-system only records the positions terminated under the labor contract. Even though an employee’s transition from one position to another is noted in the work book, this information is not found in the EMAS section.
The second part of Article 87 of the Labor Code regulates paper-based employment contracts. According to this part, in cases determined by Article 7, part 2-1 of this Code, information about the employee’s labor activity is recorded in the work book. The employer must make appropriate entries in the work books of all employees who have worked more than 5 days, regarding their hiring, transfer to another permanent job, and termination of the labor contract. The information about the employee’s labor activity includes records about their work experience, such as the day, month, and year they started, their profession (position), the reason for termination, and the day, month, and year of termination.
The situations defined in Article 7, part 2-1 of the Labor Code refer to the "List of Positions (Professions) Emerging When Labor Relations are Established in State Authorities via a Written Employment Contract" approved by the President of the Republic of Azerbaijan on July 8, 2014, under Decree No. 206. According to part 3 of Article 87 of the Labor Code, the form of the work book and the procedure for its completion are approved by the relevant executive authority or institution designated by the relevant body. As before the changes, part 3 of Article 87 also refers to the "Form of the Work Book of Employees and the Rules for Its Completion," which was approved by the Cabinet of Ministers on December 26, 1996, under Decree No. 186.
Part 4 of Article 87 of the Labor Code regulates the issue of considering the labor activity of a citizen who worked in a foreign country. It states that the information about the labor activity of an Azerbaijani citizen in a foreign country is recorded in the electronic information system, and in the cases specified by part 2-1 of Article 7 of this Code, in the work book, based on the employment contract concluded with the foreign employer and the document proving that compulsory state insurance has been carried out. This information is recorded by the relevant executive authority or body designated by the relevant institution.
Example 1: A citizen who worked in the Russian Federation will work in a position specified in the "List of Positions (Professions) Emerging When Labor Relations are Established in State Authorities via a Written Employment Contract," approved by the President’s Decree No. 206 of July 8, 2014. Since a work book is required for those working in this position, the employee must apply to the Ministry of Labor and Social Protection of Population with the employment contract signed with the foreign employer and the documents confirming that compulsory state insurance has been implemented.
Example 2: A citizen who worked in the Republic of Turkey then got a job at one of Azerbaijan’s private banks. Since a work book is not required during employment in banks, the employee must apply to the Ministry of Labor and Social Protection of Population with the relevant documents specified in part 4 of Article 87 of the Labor Code for the recording of information about foreign employment in the electronic information system.