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Rules for employee certification
Rules for employee certification
According to Article 65 of the Labour Code of the Republic of Azerbaijan, employees may undergo attestation in order to assess their level of professionalism and to determine whether their position (profession) corresponds to their qualifications and skills.
The rules and conditions for conducting attestation are explained by expert **Kemale Yusifova**.
The conditions of attestation are set out in Article 65 of the Labour Code. Based on this article, by the order (decision) of the employer, an attestation commission is established. This commission consists of experienced, highly qualified, reputable persons distinguished by their objectivity and impartiality, as well as a representative of the trade union. The employer or the direct supervisor of the employee at the relevant workplace may not be a member of the commission.
The attestation commission must consist of at least five members, and in all cases, the number of members must be odd. Commission members may only ask the employee questions related to their current position (profession), job functions, qualifications, performed tasks and their results, as well as rights and obligations determined by the employment contract that are necessary to assess the employee’s suitability for the position. It is strictly prohibited to evaluate the employee’s professional level based on political views, moral or ethical values, personal traits, beliefs, or discipline.
Only employees who have worked at the relevant workplace for at least one year may be subject to attestation. Each employee may undergo attestation no more than once every three years, while research staff may be attested no more than once every five years.
According to Article 66 of the Labour Code, the following employees are not subject to attestation:
- Employees who became disabled as a result of injury (wounds, trauma, concussion) received during military operations for the defense, freedom, and territorial integrity of the homeland;
- Employees awarded state honors or honorary titles for acts of bravery in defense of Azerbaijan’s independence and territorial integrity;
- Employees with refugee or internally displaced person status who have worked in the same position (profession) for less than five years;
- Pregnant women;
- Women on social leave for childcare up to three years of age and who have worked for less than one year in the relevant position after returning from such leave (including men raising children alone);
- Employees under the age of 18;
- Employees who have in fact worked in the same position (profession) for less than one year;
- Employees who have already been attested at least three times in the same position (profession) and found suitable;
- Employees exempted from attestation under collective agreements (contracts);
- Employees engaged in practical medical or pharmaceutical activities in Azerbaijan;
- Teachers subject to certification under the Law of the Republic of Azerbaijan “On Education.”
By Decision No. 97 of the Cabinet of Ministers of the Republic of Azerbaijan dated 23 May 2001, the procedure for conducting attestation is established as follows:
- The specific periods and procedures for attestation in enterprises must be approved by the management before the beginning of the calendar year in which attestation is planned and communicated to employees subject to attestation no later than one month before it begins.
- For positions requiring special knowledge, where no higher-qualified specialists of the same profile are available within the enterprise, such specialists from a higher organization or relevant authority must be included in the commission. In small enterprises, attestation is carried out by commissions of higher organizations, which approve the list of such enterprises.
- The attestation of commission members is carried out together with the collectives of the departments where they work. In this case, the commission member undergoing attestation does not participate in voting.
- Employees who fail to attend the commission meeting for valid reasons shall be attested later according to a rescheduled timetable based on relevant documentation.
- Commission members may only ask questions concerning the employee’s position (profession), job functions, qualifications, performed tasks and their results, as well as rights and obligations defined in the employment contract. Evaluation based on political views, morals, beliefs, or personal qualities is inadmissible. When determining suitability for a position, the employee’s professional development, retraining, or advanced training achieved within the last five years is taken into account.
- The commission makes its decision by majority vote through open or secret ballot. Employee representatives of the relevant workplace must be allowed to attend the commission meeting as observers.
- The commission may adopt only one of the following two decisions:
a) The employee is suitable for the position;
b) The employee is not suitable for the position.
- In addition, the commission may recommend encouraging the employee, raising their qualification or wage rate, changing the salary specified in the employment contract (not below the legal minimum), granting supplements, directing the employee to training, including them in the reserve staff list for promotion, transferring them with their consent to another position, dismissing them if unsuitable, reducing their salary grade, or making recommendations for improving performance.
- The employee’s attestation sheet is kept in their personal file.
- The decision of the commission is communicated to the employee immediately after the meeting. The results of attestation are submitted to the enterprise management within one week. The employer takes into account the commission’s assessment and recommendations and adopts a decision in accordance with legislation. The recommendations of the commission must be implemented within 30 calendar days. After this period, it is not permitted to reduce or cancel the employee’s qualification, salary, allowances, transfer them to a lower position, or dismiss them based on attestation results. The periods of illness, leave, and business trips are not included in this 30-day term.
- Disputes arising from dismissal or transfer to another position as a result of attestation are settled by courts in accordance with the law.
According to Article 65 of the Labour Code of the Republic of Azerbaijan, employees may undergo attestation in order to assess their level of professionalism and to determine whether their position (profession) corresponds to their qualifications and skills.
The rules and conditions for conducting attestation are explained by expert **Kemale Yusifova**.
The conditions of attestation are set out in Article 65 of the Labour Code. Based on this article, by the order (decision) of the employer, an attestation commission is established. This commission consists of experienced, highly qualified, reputable persons distinguished by their objectivity and impartiality, as well as a representative of the trade union. The employer or the direct supervisor of the employee at the relevant workplace may not be a member of the commission.
The attestation commission must consist of at least five members, and in all cases, the number of members must be odd. Commission members may only ask the employee questions related to their current position (profession), job functions, qualifications, performed tasks and their results, as well as rights and obligations determined by the employment contract that are necessary to assess the employee’s suitability for the position. It is strictly prohibited to evaluate the employee’s professional level based on political views, moral or ethical values, personal traits, beliefs, or discipline.
Only employees who have worked at the relevant workplace for at least one year may be subject to attestation. Each employee may undergo attestation no more than once every three years, while research staff may be attested no more than once every five years.
According to Article 66 of the Labour Code, the following employees are not subject to attestation:
- Employees who became disabled as a result of injury (wounds, trauma, concussion) received during military operations for the defense, freedom, and territorial integrity of the homeland;
- Employees awarded state honors or honorary titles for acts of bravery in defense of Azerbaijan’s independence and territorial integrity;
- Employees with refugee or internally displaced person status who have worked in the same position (profession) for less than five years;
- Pregnant women;
- Women on social leave for childcare up to three years of age and who have worked for less than one year in the relevant position after returning from such leave (including men raising children alone);
- Employees under the age of 18;
- Employees who have in fact worked in the same position (profession) for less than one year;
- Employees who have already been attested at least three times in the same position (profession) and found suitable;
- Employees exempted from attestation under collective agreements (contracts);
- Employees engaged in practical medical or pharmaceutical activities in Azerbaijan;
- Teachers subject to certification under the Law of the Republic of Azerbaijan “On Education.”
By Decision No. 97 of the Cabinet of Ministers of the Republic of Azerbaijan dated 23 May 2001, the procedure for conducting attestation is established as follows:
- The specific periods and procedures for attestation in enterprises must be approved by the management before the beginning of the calendar year in which attestation is planned and communicated to employees subject to attestation no later than one month before it begins.
- For positions requiring special knowledge, where no higher-qualified specialists of the same profile are available within the enterprise, such specialists from a higher organization or relevant authority must be included in the commission. In small enterprises, attestation is carried out by commissions of higher organizations, which approve the list of such enterprises.
- The attestation of commission members is carried out together with the collectives of the departments where they work. In this case, the commission member undergoing attestation does not participate in voting.
- Employees who fail to attend the commission meeting for valid reasons shall be attested later according to a rescheduled timetable based on relevant documentation.
- Commission members may only ask questions concerning the employee’s position (profession), job functions, qualifications, performed tasks and their results, as well as rights and obligations defined in the employment contract. Evaluation based on political views, morals, beliefs, or personal qualities is inadmissible. When determining suitability for a position, the employee’s professional development, retraining, or advanced training achieved within the last five years is taken into account.
- The commission makes its decision by majority vote through open or secret ballot. Employee representatives of the relevant workplace must be allowed to attend the commission meeting as observers.
- The commission may adopt only one of the following two decisions:
a) The employee is suitable for the position;
b) The employee is not suitable for the position.
- In addition, the commission may recommend encouraging the employee, raising their qualification or wage rate, changing the salary specified in the employment contract (not below the legal minimum), granting supplements, directing the employee to training, including them in the reserve staff list for promotion, transferring them with their consent to another position, dismissing them if unsuitable, reducing their salary grade, or making recommendations for improving performance.
- The employee’s attestation sheet is kept in their personal file.
- The decision of the commission is communicated to the employee immediately after the meeting. The results of attestation are submitted to the enterprise management within one week. The employer takes into account the commission’s assessment and recommendations and adopts a decision in accordance with legislation. The recommendations of the commission must be implemented within 30 calendar days. After this period, it is not permitted to reduce or cancel the employee’s qualification, salary, allowances, transfer them to a lower position, or dismiss them based on attestation results. The periods of illness, leave, and business trips are not included in this 30-day term.
- Disputes arising from dismissal or transfer to another position as a result of attestation are settled by courts in accordance with the law.