en
How is the archiving of paper and electronic employment contracts carried out?
How is the archiving of paper and electronic employment contracts carried out?
Article 86 of the Labor Code clarifies the process of archiving labor contracts and orders. According to Part 1 of this article, in cases specified by Part 2-1 of Article 7 of this Code, the employer is obliged to keep the concluded labor contracts, changes to them, and issued orders (instructions, decisions) for a period of five years, and their destruction, loss, or damage is prohibited.
This requirement of the legislation is explained by expert Anar Bayramov.
The cases specified by Part 2-1 of Article 7 of the Labor Code refer to the "List of positions (professions) that arise when labor relations are established in written form in state authorities" approved by the Decree of the President of the Republic of Azerbaijan No. 206 dated July 8, 2014.
When an organization is liquidated, labor contracts concluded in paper form must be submitted to the State Archives. According to Part 2 of Article 86 of the Labor Code, when an organization is liquidated, labor contracts held by the employer in cases specified by Part 2-1 of Article 7 are submitted to the relevant state archive in the established manner. If the organization is reorganized or its ownership changes, these contracts are transferred to the new employer. As for termination orders related to paper-based labor contracts, the employer is obliged to keep these documents for five years. According to Part 3 of Article 86 of the Labor Code, the original of the order (instruction, decision) on the termination of the labor contract must be kept by the employer in the manner and within the time frame specified in Part 1 of this article, ensuring the preservation of the labor contract.
According to Part 4 of Article 84 of the Labor Code, the archiving of information regarding labor contracts concluded in electronic form is ensured through the electronic information system. As stated in the requirements of the article, the archiving of electronic labor contracts differs for both state and private companies. Regardless of ownership, employers are not required to keep information about labor contracts concluded in electronic form for five years. Also, in the case of the liquidation of the employer, there is no need to transfer electronic labor contracts to the state archive. The state institution carries out the archiving of labor contracts in electronic form entered into the employer's EMAS subsystem. As noted in Part 4 of Article 84 of the Labor Code, the responsibility for archiving electronic labor contracts now lies with the relevant state authority, not the employer.
Article 86 of the Labor Code clarifies the process of archiving labor contracts and orders. According to Part 1 of this article, in cases specified by Part 2-1 of Article 7 of this Code, the employer is obliged to keep the concluded labor contracts, changes to them, and issued orders (instructions, decisions) for a period of five years, and their destruction, loss, or damage is prohibited.
This requirement of the legislation is explained by expert Anar Bayramov.
The cases specified by Part 2-1 of Article 7 of the Labor Code refer to the "List of positions (professions) that arise when labor relations are established in written form in state authorities" approved by the Decree of the President of the Republic of Azerbaijan No. 206 dated July 8, 2014.
When an organization is liquidated, labor contracts concluded in paper form must be submitted to the State Archives. According to Part 2 of Article 86 of the Labor Code, when an organization is liquidated, labor contracts held by the employer in cases specified by Part 2-1 of Article 7 are submitted to the relevant state archive in the established manner. If the organization is reorganized or its ownership changes, these contracts are transferred to the new employer. As for termination orders related to paper-based labor contracts, the employer is obliged to keep these documents for five years. According to Part 3 of Article 86 of the Labor Code, the original of the order (instruction, decision) on the termination of the labor contract must be kept by the employer in the manner and within the time frame specified in Part 1 of this article, ensuring the preservation of the labor contract.
According to Part 4 of Article 84 of the Labor Code, the archiving of information regarding labor contracts concluded in electronic form is ensured through the electronic information system. As stated in the requirements of the article, the archiving of electronic labor contracts differs for both state and private companies. Regardless of ownership, employers are not required to keep information about labor contracts concluded in electronic form for five years. Also, in the case of the liquidation of the employer, there is no need to transfer electronic labor contracts to the state archive. The state institution carries out the archiving of labor contracts in electronic form entered into the employer's EMAS subsystem. As noted in Part 4 of Article 84 of the Labor Code, the responsibility for archiving electronic labor contracts now lies with the relevant state authority, not the employer.