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Updates in labor relations: employment contract, certificate...
Updates in labor relations: employment contract, certificate...
The topic is commented on by expert Anar Bayramov. In the previous version of Article 7, paragraph 2 of the Labor Code, it was stated that labor relations arise after the registration of the "employment contract notification" and the sending of relevant information to the employer. Since the concept of an "employment contract notification" has been removed from the Code, paragraph 2 of Article 7 has been amended. According to the new change, labor relations will no longer arise upon registration of the employment contract notification but when the employment contract is concluded in electronic document form within the electronic information system.
Thus, according to part 2 of Article 7 of the Labor Code, except for the cases provided in parts 2-1 and 2-2 of the same article, labor relations arise when the employment contract is concluded in electronic document form within the electronic information system.
While the previous version excluded only the cases defined in part 2-1 of Article 7, the new version, as seen, now also applies an exception to part 2-2. It should be noted that the source of reference for paragraph 2-1 of Article 7 of the Labor Code is the "List of positions (occupations) in public institutions where labor relations arise upon signing a written employment contract on paper," approved by Decree No. 206 of the President of the Republic of Azerbaijan dated July 8, 2014. The other paragraph concerns the state registration of legal entities. According to paragraph 2-2 of Article 7, in line with the Law of the Republic of Azerbaijan "On State Registration and State Registry of Legal Entities", labor relations with individuals indicated in the application for electronic state registration of a limited liability company arise from the moment the certificate of state registration, the extract from the state registry, and the charter are sent to the company’s electronic cabinet.
A key aspect of this provision is that previously, only locally invested limited liability companies could be electronically registered. However, following the amendment made on May 21, 2024, to the Law "On State Registration and State Registry of Legal Entities", electronic state registration has become possible for foreign-invested limited liability companies (except those formed through reorganization).
Following the recent amendments to the Labor Code, employees’ rights have also been expanded. Previously, employees could log into the EMAS (Labor Contracts Notification System) subsystem and download electronic employment verification from their workplace. The system allowed them to receive a certificate with or without their salary information. However, since the employment contract was signed in paper format, the employee could not obtain the contract or information about any termination order through the EMAS subsystem. Due to the latest change, a new clause "o" was added to Article 9 of the Labor Code, recognizing the employee’s right to access the employment contract and employment-related certificates (such as workplace, salary, etc.) in real-time through the electronic information system. After the transition to the preparation of employment contracts in electronic document format, the employee will be able to access the following information from their personal cabinet in the EMAS subsystem:
- Employment contracts concluded in electronic document format;
- Termination orders;
- Employment contract notifications;
- Employment verification from the workplace.
The topic is commented on by expert Anar Bayramov. In the previous version of Article 7, paragraph 2 of the Labor Code, it was stated that labor relations arise after the registration of the "employment contract notification" and the sending of relevant information to the employer. Since the concept of an "employment contract notification" has been removed from the Code, paragraph 2 of Article 7 has been amended. According to the new change, labor relations will no longer arise upon registration of the employment contract notification but when the employment contract is concluded in electronic document form within the electronic information system.
Thus, according to part 2 of Article 7 of the Labor Code, except for the cases provided in parts 2-1 and 2-2 of the same article, labor relations arise when the employment contract is concluded in electronic document form within the electronic information system.
While the previous version excluded only the cases defined in part 2-1 of Article 7, the new version, as seen, now also applies an exception to part 2-2. It should be noted that the source of reference for paragraph 2-1 of Article 7 of the Labor Code is the "List of positions (occupations) in public institutions where labor relations arise upon signing a written employment contract on paper," approved by Decree No. 206 of the President of the Republic of Azerbaijan dated July 8, 2014. The other paragraph concerns the state registration of legal entities. According to paragraph 2-2 of Article 7, in line with the Law of the Republic of Azerbaijan "On State Registration and State Registry of Legal Entities", labor relations with individuals indicated in the application for electronic state registration of a limited liability company arise from the moment the certificate of state registration, the extract from the state registry, and the charter are sent to the company’s electronic cabinet.
A key aspect of this provision is that previously, only locally invested limited liability companies could be electronically registered. However, following the amendment made on May 21, 2024, to the Law "On State Registration and State Registry of Legal Entities", electronic state registration has become possible for foreign-invested limited liability companies (except those formed through reorganization).
Following the recent amendments to the Labor Code, employees’ rights have also been expanded. Previously, employees could log into the EMAS (Labor Contracts Notification System) subsystem and download electronic employment verification from their workplace. The system allowed them to receive a certificate with or without their salary information. However, since the employment contract was signed in paper format, the employee could not obtain the contract or information about any termination order through the EMAS subsystem. Due to the latest change, a new clause "o" was added to Article 9 of the Labor Code, recognizing the employee’s right to access the employment contract and employment-related certificates (such as workplace, salary, etc.) in real-time through the electronic information system. After the transition to the preparation of employment contracts in electronic document format, the employee will be able to access the following information from their personal cabinet in the EMAS subsystem:
- Employment contracts concluded in electronic document format;
- Termination orders;
- Employment contract notifications;
- Employment verification from the workplace.