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Which article grants the employee the right to return to work after the termination of the employment contract?
Which article grants the employee the right to return to work after the termination of the employment contract?
According to the law signed by the President of the Republic of Azerbaijan on "Amendments to the Labor Code," a new clause has been added to the article regarding the termination of the employment contract at the initiative of the employee. Section 3-1 has been added to Article 69 titled "Procedure for Terminating the Employment Contract by the Employee," with the following content:
"The employment contract of a diplomatic service employee who has served in the diplomatic representation or consulate of the Republic of Azerbaijan, or who has been sent abroad by the relevant executive authority to work in the body of an international organization, may be terminated on the day indicated in the application of their spouse (husband), who works in a state organization, a public legal entity created on behalf of the state, a legal entity owned by the state with control shares (stocks) owned by the state, or a budget organization in a designated position (profession)."
As seen from the article, the employment contract of the spouse (husband) of a diplomatic service employee, who has served in the diplomatic representation or consulate of Azerbaijan or has been sent abroad by the relevant executive authority to work in an international organization, may be terminated on the day indicated in the application of their working spouse. This rule applies not in private enterprises, but only in state organizations, public legal entities created on behalf of the state, legal entities owned by the state, or budget organizations in designated positions (professions).
Example: A person working in Azerbaijan's diplomatic representation in Hungary has a spouse working as a senior specialist at the State Examination Center. Since the employee references Article 69.3-1 in their resignation letter, the employer must mention this article in the order regarding the termination of the employment contract.
A question might arise as to why this case was not included in Article 69.3, and why a new clause was needed. The answer lies in the next part added to the Labor Code. Specifically, according to the newly added part 10 of Article 77 of the Labor Code, except for the liquidation of the organization as prescribed by law, if the spouse of a diplomatic service employee, who has served in the diplomatic representation or consulate of Azerbaijan or has been sent abroad to work in an international organization, has worked in a state organization, a public legal entity created on behalf of the state, a legal entity owned by the state, or a budget organization, and their employment contract has been terminated according to the procedure set out in Article 69, Section 3-1, the spouse (husband) may request to return to their previous position (profession) within 60 (sixty) calendar days after the expiration of the diplomatic service employee's service period.
According to the new part added to Article 77, if the employee working at the State Examination Center in the example above wishes to return to work (within 60 calendar days after the expiration of their spouse’s term), the employer must assess their professional level and eligibility, and if possible, assign them to the same position (profession). If this is not possible, the employer must assign them to an equivalent position (profession).
According to the law signed by the President of the Republic of Azerbaijan on "Amendments to the Labor Code," a new clause has been added to the article regarding the termination of the employment contract at the initiative of the employee. Section 3-1 has been added to Article 69 titled "Procedure for Terminating the Employment Contract by the Employee," with the following content:
"The employment contract of a diplomatic service employee who has served in the diplomatic representation or consulate of the Republic of Azerbaijan, or who has been sent abroad by the relevant executive authority to work in the body of an international organization, may be terminated on the day indicated in the application of their spouse (husband), who works in a state organization, a public legal entity created on behalf of the state, a legal entity owned by the state with control shares (stocks) owned by the state, or a budget organization in a designated position (profession)."
As seen from the article, the employment contract of the spouse (husband) of a diplomatic service employee, who has served in the diplomatic representation or consulate of Azerbaijan or has been sent abroad by the relevant executive authority to work in an international organization, may be terminated on the day indicated in the application of their working spouse. This rule applies not in private enterprises, but only in state organizations, public legal entities created on behalf of the state, legal entities owned by the state, or budget organizations in designated positions (professions).
Example: A person working in Azerbaijan's diplomatic representation in Hungary has a spouse working as a senior specialist at the State Examination Center. Since the employee references Article 69.3-1 in their resignation letter, the employer must mention this article in the order regarding the termination of the employment contract.
A question might arise as to why this case was not included in Article 69.3, and why a new clause was needed. The answer lies in the next part added to the Labor Code. Specifically, according to the newly added part 10 of Article 77 of the Labor Code, except for the liquidation of the organization as prescribed by law, if the spouse of a diplomatic service employee, who has served in the diplomatic representation or consulate of Azerbaijan or has been sent abroad to work in an international organization, has worked in a state organization, a public legal entity created on behalf of the state, a legal entity owned by the state, or a budget organization, and their employment contract has been terminated according to the procedure set out in Article 69, Section 3-1, the spouse (husband) may request to return to their previous position (profession) within 60 (sixty) calendar days after the expiration of the diplomatic service employee's service period.
According to the new part added to Article 77, if the employee working at the State Examination Center in the example above wishes to return to work (within 60 calendar days after the expiration of their spouse’s term), the employer must assess their professional level and eligibility, and if possible, assign them to the same position (profession). If this is not possible, the employer must assign them to an equivalent position (profession).