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Cases of conditional application of administrative fines
Cases of conditional application of administrative fines
Administrative fines stipulated in Articles 192.2, 192.4, 192.6, 192.10, 192.11, and 540.3 of the Code of Administrative Offenses of the Republic of Azerbaijan for violations of labor and employment legislation are conditionally applied to employers. This year, the number of articles providing for conditional fines has increased. Expert Ramin Hajiyev comments on the amendment.
According to the Law of the Republic of Azerbaijan “On Amendments to the Criminal Code of the Republic of Azerbaijan and the Code of Administrative Offenses of the Republic of Azerbaijan” dated April 11, 2025, Article 116.1 of the Code of Administrative Offenses has been amended. Based on the amendment, Articles 192.2 and 192.4 have also been included in the list of provisions for which conditional fines may be applied. This allows employers who have violated labor legislation under these articles to rectify the violations and restore employees’ rights.
According to Article 116.2 of the Code of Administrative Offenses, a time period is specified in the decision on the conditional application of an administrative fine for the rectification of the violation. This period is set as up to one month or, taking into account the complexity of the violation and the need for additional time, between one and two months.
The conditional application of fines is not permitted if the same administrative offense is repeated by the same person within one year from the date the decision on the previous administrative penalty came into force.
The following are the articles of the Code under which conditional fines may be applied for violations of labor and employment legislation:
Article 192.2. Violation by the employer of the rules for conducting certification (attestation) of employees and workplaces — punishable by a fine ranging from 700 to 1,200 manats.
Article 192.4. Failure to pay or partial payment of wages, leave entitlements, business travel expenses, benefits, and other payments stipulated by labor legislation — punishable by a fine ranging from 700 to 1,500 manats for responsible officials.
Article 192.6. Termination of an employment contract in violation of labor legislation requirements — punishable by a fine ranging from 1,500 to 2,000 manats for responsible officials.
Article 192.10. Refusal to hire or dismissal of a person based on HIV status, except for occupations and positions where employment is not permitted — punishable by a fine ranging from 1,500 to 2,000 manats for responsible officials.
Article 192.11. Refusal to conclude or termination of an employment contract due to a person having multiple sclerosis (except in cases where the employer lacks appropriate job positions or the workplace is not permitted for such employment) — punishable by a fine ranging from 1,500 to 2,000 manats for responsible officials.
Article 540.3. Failure of the employer to submit a decision regarding whether a vacancy has been filled within 5 (five) business days from the date a referral is issued by a body designated by the relevant executive authority — punishable by a fine ranging from 300 to 500 manats.
It should be noted that in the amendment to the Code of Administrative Offenses dated April 11, 2025, the wording in Article 192.4 — “violations in the calculation and payment, excluding errors arising from mathematical calculations” — has been replaced with “failure to pay or partial payment in accordance with labor legislation.” The same replacement has been made in another part of the disposition of this article.
The above-mentioned changes and the increase in the number of articles that allow for the conditional application of fines are expected to have a positive impact on the regulation of labor relations.
Administrative fines stipulated in Articles 192.2, 192.4, 192.6, 192.10, 192.11, and 540.3 of the Code of Administrative Offenses of the Republic of Azerbaijan for violations of labor and employment legislation are conditionally applied to employers. This year, the number of articles providing for conditional fines has increased. Expert Ramin Hajiyev comments on the amendment.
According to the Law of the Republic of Azerbaijan “On Amendments to the Criminal Code of the Republic of Azerbaijan and the Code of Administrative Offenses of the Republic of Azerbaijan” dated April 11, 2025, Article 116.1 of the Code of Administrative Offenses has been amended. Based on the amendment, Articles 192.2 and 192.4 have also been included in the list of provisions for which conditional fines may be applied. This allows employers who have violated labor legislation under these articles to rectify the violations and restore employees’ rights.
According to Article 116.2 of the Code of Administrative Offenses, a time period is specified in the decision on the conditional application of an administrative fine for the rectification of the violation. This period is set as up to one month or, taking into account the complexity of the violation and the need for additional time, between one and two months.
The conditional application of fines is not permitted if the same administrative offense is repeated by the same person within one year from the date the decision on the previous administrative penalty came into force.
The following are the articles of the Code under which conditional fines may be applied for violations of labor and employment legislation:
Article 192.2. Violation by the employer of the rules for conducting certification (attestation) of employees and workplaces — punishable by a fine ranging from 700 to 1,200 manats.
Article 192.4. Failure to pay or partial payment of wages, leave entitlements, business travel expenses, benefits, and other payments stipulated by labor legislation — punishable by a fine ranging from 700 to 1,500 manats for responsible officials.
Article 192.6. Termination of an employment contract in violation of labor legislation requirements — punishable by a fine ranging from 1,500 to 2,000 manats for responsible officials.
Article 192.10. Refusal to hire or dismissal of a person based on HIV status, except for occupations and positions where employment is not permitted — punishable by a fine ranging from 1,500 to 2,000 manats for responsible officials.
Article 192.11. Refusal to conclude or termination of an employment contract due to a person having multiple sclerosis (except in cases where the employer lacks appropriate job positions or the workplace is not permitted for such employment) — punishable by a fine ranging from 1,500 to 2,000 manats for responsible officials.
Article 540.3. Failure of the employer to submit a decision regarding whether a vacancy has been filled within 5 (five) business days from the date a referral is issued by a body designated by the relevant executive authority — punishable by a fine ranging from 300 to 500 manats.
It should be noted that in the amendment to the Code of Administrative Offenses dated April 11, 2025, the wording in Article 192.4 — “violations in the calculation and payment, excluding errors arising from mathematical calculations” — has been replaced with “failure to pay or partial payment in accordance with labor legislation.” The same replacement has been made in another part of the disposition of this article.
The above-mentioned changes and the increase in the number of articles that allow for the conditional application of fines are expected to have a positive impact on the regulation of labor relations.