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Requirements for staff unit and position salary in EMAS
Requirements for staff unit and position salary in EMAS
Before the changes to the Labor Code, some colleagues believed that since there was no concept of a staffing table in the Code, there was no need for a table reflecting staffing units. Now, the concept of "staff" (staff unit) has been added to Article 3 of the Labor Code, "Basic concepts used in this Code." According to the newly added Clause 8-1 of Article 3, "Staff (staff unit)" refers to a unit where the name of the position (profession) and the position (tariff) salary are reflected, created in the centralized electronic information system of the relevant executive authority (President of the Republic of Azerbaijan) or, in cases specified by Part 2-1 of Article 7 of this Code, approved on paper. Expert Anar Bayramov comments on the topic.
As seen in the article, the staffing unit is considered the unit where the position (profession) name and the position (tariff) salary, based on the staffing table created in the EMAS subsystem by the employer, are reflected. Let's clarify the key points in the newly added article.
First point: Employers are required to create a staffing table in the EMAS subsystem. The number of employees is irrelevant for employers. Whether the employer has more than 1,000 employees or only one employee, they must define staffing units in the structural departments within the EMAS subsystem.
Second point: Employers creating a structure in the EMAS subsystem must also record it on paper. After the employer’s executive body (general meeting, board, etc.) approves the structure, a staffing table must be created in the EMAS subsystem based on that information.
Third point: This relates to the minimum requirements for a staffing unit. As the concept shows, the staffing unit should reflect the position (profession) name and the position (tariff) salary.
Example: If the employer creates a staffing unit for the position of engineer, they must also include the position (tariff) salary in the table. Even if the employer plans to offer a 2,000 manat salary with a 20% monthly bonus or additional salary for hazardous working conditions, only the position (tariff) salary of 2,000 manat can be recorded in the staffing table.
Fourth point: After entering staffing unit information into the EMAS subsystem, the employer must ensure that referrals are submitted to employment agencies when vacancies arise for those positions. It should be noted that according to Part "e" of Article 11 of the Labor Code, changing the conditions of employment or reducing the number of employees, as well as eliminating staffing units or structural departments, is the employer's right, provided that the requirements of this Code and other regulatory legal acts are followed. Therefore, if the employer does not plan to hire an employee for a specific staffing unit for an extended period, they have the right to eliminate it.
The sending of candidates for vacant positions by state employment agencies will be reflected in the "Referrals" section of the "Employment" subsection of the EMAS subsystem. According to Article 540.3 of the Administrative Offenses Code, if the referral is not submitted within 5 working days from the date it was received by the employer, a fine of 300 to 500 manat will be imposed for failing to submit a decision on whether the vacancy has been filled to the relevant executive body or institution. Additionally, according to Article 540.2 of the same Code, if information about a newly created or vacant job is not entered into the centralized electronic information system within 5 working days, with salary details provided, the employer may be fined from 500 to 1,000 manat.
It should be noted that although fines under Articles 540.2 and 540.3 of the Administrative Offenses Code have not been applied in practice, it is expected that these fines will become operational in the future. One specific point to emphasize is that the fine under Article 540.2 will be applied based on an electronic protocol of the administrative offense, i.e., using data obtained from the EMAS subsystem.
Fifth point: This is a requirement only for the creation of a staffing table on paper. It should be noted that, according to Decree No. 206 of the President of the Republic of Azerbaijan, dated July 8, 2014, "List of Positions (Professions) that Arise When the Employment Contract is Concluded in Written Form in State Bodies," positions listed in this decree are an exception and must only be recorded in the table approved on paper, without being entered into the EMAS subsystem.
Before the changes to the Labor Code, some colleagues believed that since there was no concept of a staffing table in the Code, there was no need for a table reflecting staffing units. Now, the concept of "staff" (staff unit) has been added to Article 3 of the Labor Code, "Basic concepts used in this Code." According to the newly added Clause 8-1 of Article 3, "Staff (staff unit)" refers to a unit where the name of the position (profession) and the position (tariff) salary are reflected, created in the centralized electronic information system of the relevant executive authority (President of the Republic of Azerbaijan) or, in cases specified by Part 2-1 of Article 7 of this Code, approved on paper. Expert Anar Bayramov comments on the topic.
As seen in the article, the staffing unit is considered the unit where the position (profession) name and the position (tariff) salary, based on the staffing table created in the EMAS subsystem by the employer, are reflected. Let's clarify the key points in the newly added article.
First point: Employers are required to create a staffing table in the EMAS subsystem. The number of employees is irrelevant for employers. Whether the employer has more than 1,000 employees or only one employee, they must define staffing units in the structural departments within the EMAS subsystem.
Second point: Employers creating a structure in the EMAS subsystem must also record it on paper. After the employer’s executive body (general meeting, board, etc.) approves the structure, a staffing table must be created in the EMAS subsystem based on that information.
Third point: This relates to the minimum requirements for a staffing unit. As the concept shows, the staffing unit should reflect the position (profession) name and the position (tariff) salary.
Example: If the employer creates a staffing unit for the position of engineer, they must also include the position (tariff) salary in the table. Even if the employer plans to offer a 2,000 manat salary with a 20% monthly bonus or additional salary for hazardous working conditions, only the position (tariff) salary of 2,000 manat can be recorded in the staffing table.
Fourth point: After entering staffing unit information into the EMAS subsystem, the employer must ensure that referrals are submitted to employment agencies when vacancies arise for those positions. It should be noted that according to Part "e" of Article 11 of the Labor Code, changing the conditions of employment or reducing the number of employees, as well as eliminating staffing units or structural departments, is the employer's right, provided that the requirements of this Code and other regulatory legal acts are followed. Therefore, if the employer does not plan to hire an employee for a specific staffing unit for an extended period, they have the right to eliminate it.
The sending of candidates for vacant positions by state employment agencies will be reflected in the "Referrals" section of the "Employment" subsection of the EMAS subsystem. According to Article 540.3 of the Administrative Offenses Code, if the referral is not submitted within 5 working days from the date it was received by the employer, a fine of 300 to 500 manat will be imposed for failing to submit a decision on whether the vacancy has been filled to the relevant executive body or institution. Additionally, according to Article 540.2 of the same Code, if information about a newly created or vacant job is not entered into the centralized electronic information system within 5 working days, with salary details provided, the employer may be fined from 500 to 1,000 manat.
It should be noted that although fines under Articles 540.2 and 540.3 of the Administrative Offenses Code have not been applied in practice, it is expected that these fines will become operational in the future. One specific point to emphasize is that the fine under Article 540.2 will be applied based on an electronic protocol of the administrative offense, i.e., using data obtained from the EMAS subsystem.
Fifth point: This is a requirement only for the creation of a staffing table on paper. It should be noted that, according to Decree No. 206 of the President of the Republic of Azerbaijan, dated July 8, 2014, "List of Positions (Professions) that Arise When the Employment Contract is Concluded in Written Form in State Bodies," positions listed in this decree are an exception and must only be recorded in the table approved on paper, without being entered into the EMAS subsystem.