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What restrictions are applied in the ƏMAS subsystem for younger age groups?
What restrictions are applied in the ƏMAS subsystem for younger age groups?
Article 249, part 1 of the Labor Code — “Age limit at hiring” — states that persons under the age of 15 cannot be employed. Additionally, according to Article 46 of the same Code, an employment contract can be concluded with individuals who have reached the age of 15.
But what approaches are applied in the ƏMAS subsystem (centralized electronic information system) regarding the employment of persons under 18?
Expert Anar Bayramov clarifies: If an employer enters information (FIN) for a person under 15 in the ƏMAS subsystem to sign an employment contract, although the person’s information is displayed, the next step shows the notification: “According to labor legislation, employment contracts cannot be concluded with persons under 15.”
According to part 4 of Article 46 of the Labor Code, when concluding employment contracts with persons aged 15–18, written consent must be obtained from one of their parents or adoptive guardians (or a person legally replacing them). Therefore, when an employer concludes a contract with a person aged 15–18 in the ƏMAS subsystem, a new section becomes active. In this section, it is mandatory to upload a document confirming the written consent of a parent, adoptive guardian, or legal substitute.
The next requirement in the ƏMAS subsystem concerns the recording of annual leave days for persons under 18. According to Article 119 of the Labor Code, employees under 16 are entitled to at least 42 calendar days of leave, and employees aged 16–18 to at least 35 calendar days. Recent updates to the ƏMAS subsystem by the state authority have restricted the ability to record fewer days (21, 30, etc.) for these categories of employees.
- Thus, in the ƏMAS subsystem, for employment contracts concluded electronically with persons in this category, the following restrictions apply:
- Employment contracts cannot be concluded with persons under 15;
- When concluding contracts with persons aged 15–18, the written consent of parents or guardians must be uploaded;
- Employees under 16 must have at least 42 calendar days of leave recorded, and employees aged 16–18 must have at least 35 calendar days recorded.
Article 249, part 1 of the Labor Code — “Age limit at hiring” — states that persons under the age of 15 cannot be employed. Additionally, according to Article 46 of the same Code, an employment contract can be concluded with individuals who have reached the age of 15.
But what approaches are applied in the ƏMAS subsystem (centralized electronic information system) regarding the employment of persons under 18?
Expert Anar Bayramov clarifies: If an employer enters information (FIN) for a person under 15 in the ƏMAS subsystem to sign an employment contract, although the person’s information is displayed, the next step shows the notification: “According to labor legislation, employment contracts cannot be concluded with persons under 15.”
According to part 4 of Article 46 of the Labor Code, when concluding employment contracts with persons aged 15–18, written consent must be obtained from one of their parents or adoptive guardians (or a person legally replacing them). Therefore, when an employer concludes a contract with a person aged 15–18 in the ƏMAS subsystem, a new section becomes active. In this section, it is mandatory to upload a document confirming the written consent of a parent, adoptive guardian, or legal substitute.
The next requirement in the ƏMAS subsystem concerns the recording of annual leave days for persons under 18. According to Article 119 of the Labor Code, employees under 16 are entitled to at least 42 calendar days of leave, and employees aged 16–18 to at least 35 calendar days. Recent updates to the ƏMAS subsystem by the state authority have restricted the ability to record fewer days (21, 30, etc.) for these categories of employees.
- Thus, in the ƏMAS subsystem, for employment contracts concluded electronically with persons in this category, the following restrictions apply:
- Employment contracts cannot be concluded with persons under 15;
- When concluding contracts with persons aged 15–18, the written consent of parents or guardians must be uploaded;
- Employees under 16 must have at least 42 calendar days of leave recorded, and employees aged 16–18 must have at least 35 calendar days recorded.