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Under what circumstances does an employment contract or its amendments come into legal force?
Under what circumstances does an employment contract or its amendments come into legal force?
According to the first part of Article 49 of the Labor Code of Azerbaijan, except for the cases specified in parts 2 and 3 of this article, an employment contract or its amendments are considered concluded and come into legal force from the date of their last signing, provided they are signed with a reinforced electronic signature by both parties. Anar Bayramov clarifies the key points to pay attention to regarding this article.
The first point is the existence of exceptions in signing an electronic employment contract. Parts 2 and 3 of Article 49 of the Labor Code regulate, respectively, the cases defined by the Law of the Republic of Azerbaijan “On State Registration of Legal Entities and the State Register” and the list of positions (professions) arising from employment relationships in state bodies concluded in written form on paper, approved by the Decree of the President of the Republic of Azerbaijan No. 206 dated July 8, 2014. According to this legislation, different approaches are applied regarding the legal validity of employment contracts.
The second point is the requirement that an employment contract or its amendments be signed with a reinforced electronic signature by both parties. Until the latest amendment to the Labor Code, the employment contract between the employer and the employee was signed on paper. After entering the required information into the ƏMAS subsystem, the employer signed the document only with their electronic signature. After this process, the employment contract became legally effective upon receiving the notification from the state body.
After the new amendment, the procedure is established as follows:
The employer prepares the electronic employment contract in the ƏMAS subsystem;
After registration, the prepared contract is sent to the person to be hired for approval;
The hired person logs into the ƏMAS subsystem and signs the employment contract sent by the employer with a reinforced electronic signature in their electronic cabinet;
Once the employment contract is signed by the employee and then by the employer with an electronic signature, the contract is considered legally valid.
It should also be noted that, due to the latest changes in the ƏMAS subsystem, the date of conclusion of the employment contract is determined automatically. At this time, any intervention by the employer in the date of conclusion is restricted.
According to the first part of Article 49 of the Labor Code of Azerbaijan, except for the cases specified in parts 2 and 3 of this article, an employment contract or its amendments are considered concluded and come into legal force from the date of their last signing, provided they are signed with a reinforced electronic signature by both parties. Anar Bayramov clarifies the key points to pay attention to regarding this article.
The first point is the existence of exceptions in signing an electronic employment contract. Parts 2 and 3 of Article 49 of the Labor Code regulate, respectively, the cases defined by the Law of the Republic of Azerbaijan “On State Registration of Legal Entities and the State Register” and the list of positions (professions) arising from employment relationships in state bodies concluded in written form on paper, approved by the Decree of the President of the Republic of Azerbaijan No. 206 dated July 8, 2014. According to this legislation, different approaches are applied regarding the legal validity of employment contracts.
The second point is the requirement that an employment contract or its amendments be signed with a reinforced electronic signature by both parties. Until the latest amendment to the Labor Code, the employment contract between the employer and the employee was signed on paper. After entering the required information into the ƏMAS subsystem, the employer signed the document only with their electronic signature. After this process, the employment contract became legally effective upon receiving the notification from the state body.
After the new amendment, the procedure is established as follows:
The employer prepares the electronic employment contract in the ƏMAS subsystem;
After registration, the prepared contract is sent to the person to be hired for approval;
The hired person logs into the ƏMAS subsystem and signs the employment contract sent by the employer with a reinforced electronic signature in their electronic cabinet;
Once the employment contract is signed by the employee and then by the employer with an electronic signature, the contract is considered legally valid.
It should also be noted that, due to the latest changes in the ƏMAS subsystem, the date of conclusion of the employment contract is determined automatically. At this time, any intervention by the employer in the date of conclusion is restricted.