en
Control over labor relations will be strengthened
Control over labor relations will be strengthened
One of the main objectives of the recent amendments to the Labor Code is to expand the possibilities of electronic supervision. Prior to these changes, the concept of a “labor contract notification” was used, which meant that the information recorded by an employee in an electronic labor contract had no legal basis. Following the amendments, the State Labor Inspectorate Service has been granted the ability to review all the terms of an employment contract concluded in electronic document form between the employer and the employee, which can be seen as a reinforcement of the control mechanism.
In addition, alongside the official electronic correspondence between employer and employee, the digitization of dismissals and leaves will also support the use of monitoring tools by the state authority. At the same time, the submission by the employer of a payroll statement containing wage information to the employee will both ensure the protection of the employee’s rights and provide the state authority with reference documents in the event of individual labor disputes. The issue is commented on by expert Anar Bayramov.
Example 1. The employer recorded the number of annual leave days for an employee working in the position of specialist as 21 days instead of 30 in the electronic labor contract. Prior to the amendment, during state inspections, since the employer had indicated 30 days in the paper-based contract, the number of days entered into the EMAS subsystem (21 days) had no legal validity. With the new amendment, because the electronic labor contract is signed by both the employer and the employee, there is no longer a need for a paper-based contract. Therefore, for the state authority, the legally valid document will be the electronic employment contract.
Now let us consider another situation often encountered in individual labor disputes.
Example 2. Before the amendments, the following situation was possible: the employee claimed that although he had submitted a resignation application one month in advance, the employer did not terminate his labor contract. The employer, however, stated that the application form had not been submitted to the relevant department. In such a case, the employer could avoid registering the employee’s application and annul it. However, after the new amendment, if the employee submits the application electronically one month in advance in accordance with Article 69 of the Labor Code, the employer will no longer be able to claim that the application was not submitted.
It should be noted that the latest amendments to the Labor Code were reflected in the Law “On Amendments to the Labor Code of the Republic of Azerbaijan,” approved by the head of state on June 28, 2024. Thus, numerous changes were made to the Code, mainly aimed at the digitalization of labor relations between employers and employees.
One of the main objectives of the recent amendments to the Labor Code is to expand the possibilities of electronic supervision. Prior to these changes, the concept of a “labor contract notification” was used, which meant that the information recorded by an employee in an electronic labor contract had no legal basis. Following the amendments, the State Labor Inspectorate Service has been granted the ability to review all the terms of an employment contract concluded in electronic document form between the employer and the employee, which can be seen as a reinforcement of the control mechanism.
In addition, alongside the official electronic correspondence between employer and employee, the digitization of dismissals and leaves will also support the use of monitoring tools by the state authority. At the same time, the submission by the employer of a payroll statement containing wage information to the employee will both ensure the protection of the employee’s rights and provide the state authority with reference documents in the event of individual labor disputes. The issue is commented on by expert Anar Bayramov.
Example 1. The employer recorded the number of annual leave days for an employee working in the position of specialist as 21 days instead of 30 in the electronic labor contract. Prior to the amendment, during state inspections, since the employer had indicated 30 days in the paper-based contract, the number of days entered into the EMAS subsystem (21 days) had no legal validity. With the new amendment, because the electronic labor contract is signed by both the employer and the employee, there is no longer a need for a paper-based contract. Therefore, for the state authority, the legally valid document will be the electronic employment contract.
Now let us consider another situation often encountered in individual labor disputes.
Example 2. Before the amendments, the following situation was possible: the employee claimed that although he had submitted a resignation application one month in advance, the employer did not terminate his labor contract. The employer, however, stated that the application form had not been submitted to the relevant department. In such a case, the employer could avoid registering the employee’s application and annul it. However, after the new amendment, if the employee submits the application electronically one month in advance in accordance with Article 69 of the Labor Code, the employer will no longer be able to claim that the application was not submitted.
It should be noted that the latest amendments to the Labor Code were reflected in the Law “On Amendments to the Labor Code of the Republic of Azerbaijan,” approved by the head of state on June 28, 2024. Thus, numerous changes were made to the Code, mainly aimed at the digitalization of labor relations between employers and employees.