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Enter this information into the EMAS subsystem within 10 business days
Enter this information into the EMAS subsystem within 10 business days
A warning letter regarding the conducting of workplace certification has been sent to most employers by Sadiq Aliyev, the Deputy Head of the State Labor Inspectorate’s Baku City Office. The letter states that, according to Article 64 of the Labor Code, the employer must ensure labor protection measures at the respective workplaces and conduct a certification of the workplaces in order to determine and improve the state of industrial sanitation and hygiene, as well as to increase labor productivity and work efficiency. This is particularly important when applying the most progressive methods of labor organization, including the introduction of new techniques or technologies. The letter further mentions that the employer must ensure that copies of the documents regarding the results of the certification are submitted to the relevant executive authority or institution within 10 business days for informational purposes.
For informational purposes, the conducting of workplace certification, as envisioned in Article 64 of the Labor Code, is regulated by the "Rules for Conducting Workplace Certification," approved by the Cabinet of Ministers of the Republic of Azerbaijan under Decision No. 38 dated March 6, 2000. According to Article 64 of the Labor Code and the Cabinet of Ministers' Decision No. 38 of March 6, 2000, the key points related to workplace certification are as follows:
- The frequency of certification must be at least once every 5 years, as determined by the enterprise, depending on changes in the nature and conditions of labor;
- All workplaces within the enterprise must undergo certification;
- The results of the enterprise’s certification commission are formalized by the certification protocol for workplaces concerning labor conditions;
- It is unacceptable to carry out mass layoffs as a result of the certification of workplaces;
- Based on the results of workplace certification, the employer cannot terminate labor contracts with employees.
As a result of the amendment to the Labor Code made by the law dated June 23, 2023, the employer is required to ensure the conducting of workplace certification and submit copies of the documents regarding the results of the certification to the State Labor Inspectorate under the Ministry of Labor and Social Protection of Population of the Republic of Azerbaijan within 10 business days.
The State Labor Inspectorate must also ensure that the information regarding the workplace certification carried out by the employer is entered into the EMAS subsystem, in accordance with the requirements of Article 64 of the Labor Code and the Cabinet of Ministers' Decision No. 38. It should be noted that a special section titled "Certification of Workplace Harmfulness" has been made available to employers in the "Official Correspondence" section of the EMAS subsystem for entering workplace certification data.
The employer must enter the information about the workplace certification in this section. In the initial documents section, details about the "Enterprise Director," "Workshop (Department) Head," and the "Person Selected for the Certification Commission" must be included. In the following sections, more detailed information about the workplace certification should be entered. This information should include laboratory data, measurement units, and other relevant data. The employer must also attach documents related to the workplace certification.
Additionally, the letter sent by the State Labor Inspectorate’s Baku City Office informs employers about the application of administrative fines for failure to conduct workplace certification in accordance with the Code of Administrative Offenses. According to Article 192.2 of the Code of Administrative Offenses, employers who violate the rules for conducting workplace certification can be fined between 700 and 1200 manats.
A warning letter regarding the conducting of workplace certification has been sent to most employers by Sadiq Aliyev, the Deputy Head of the State Labor Inspectorate’s Baku City Office. The letter states that, according to Article 64 of the Labor Code, the employer must ensure labor protection measures at the respective workplaces and conduct a certification of the workplaces in order to determine and improve the state of industrial sanitation and hygiene, as well as to increase labor productivity and work efficiency. This is particularly important when applying the most progressive methods of labor organization, including the introduction of new techniques or technologies. The letter further mentions that the employer must ensure that copies of the documents regarding the results of the certification are submitted to the relevant executive authority or institution within 10 business days for informational purposes.
For informational purposes, the conducting of workplace certification, as envisioned in Article 64 of the Labor Code, is regulated by the "Rules for Conducting Workplace Certification," approved by the Cabinet of Ministers of the Republic of Azerbaijan under Decision No. 38 dated March 6, 2000. According to Article 64 of the Labor Code and the Cabinet of Ministers' Decision No. 38 of March 6, 2000, the key points related to workplace certification are as follows:
- The frequency of certification must be at least once every 5 years, as determined by the enterprise, depending on changes in the nature and conditions of labor;
- All workplaces within the enterprise must undergo certification;
- The results of the enterprise’s certification commission are formalized by the certification protocol for workplaces concerning labor conditions;
- It is unacceptable to carry out mass layoffs as a result of the certification of workplaces;
- Based on the results of workplace certification, the employer cannot terminate labor contracts with employees.
As a result of the amendment to the Labor Code made by the law dated June 23, 2023, the employer is required to ensure the conducting of workplace certification and submit copies of the documents regarding the results of the certification to the State Labor Inspectorate under the Ministry of Labor and Social Protection of Population of the Republic of Azerbaijan within 10 business days.
The State Labor Inspectorate must also ensure that the information regarding the workplace certification carried out by the employer is entered into the EMAS subsystem, in accordance with the requirements of Article 64 of the Labor Code and the Cabinet of Ministers' Decision No. 38. It should be noted that a special section titled "Certification of Workplace Harmfulness" has been made available to employers in the "Official Correspondence" section of the EMAS subsystem for entering workplace certification data.
The employer must enter the information about the workplace certification in this section. In the initial documents section, details about the "Enterprise Director," "Workshop (Department) Head," and the "Person Selected for the Certification Commission" must be included. In the following sections, more detailed information about the workplace certification should be entered. This information should include laboratory data, measurement units, and other relevant data. The employer must also attach documents related to the workplace certification.
Additionally, the letter sent by the State Labor Inspectorate’s Baku City Office informs employers about the application of administrative fines for failure to conduct workplace certification in accordance with the Code of Administrative Offenses. According to Article 192.2 of the Code of Administrative Offenses, employers who violate the rules for conducting workplace certification can be fined between 700 and 1200 manats.