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Additional terms of working conditions under a remote work arrangement will be determined by the employment contract
Additional terms of working conditions under a remote work arrangement will be determined by the employment contract
As previously reported, more than 100 amendments to the Labour Code are expected next year. The draft amendments have already been submitted to the National Assembly and were approved at the first reading.
Expert Anar Bayramov stated that the proposed changes to the Labour Code have been prepared along three main directions. The first direction involves making relevant amendments to the Labour Code in accordance with the requirements of the International Labour Organization (ILO) conventions: “For example, based on the ILO Convention No. 156 ‘Workers with Family Responsibilities: Equal Opportunities and Equal Treatment for Men and Women Workers with Family Responsibilities,’ the concept of ‘worker with family responsibilities’ is planned to be included in the Labour Code. Another example based on the convention requirements is the proposed amendment to prevent any reduction of the postnatal portion of maternity leave. This change arises from the requirements of ILO Convention No. 183, which revises the 1952 Convention on the Protection of Maternity.”
The second direction involves making certain terminological and structural changes to the Labour Code, taking into account the requirements of the Constitutional Law of the Republic of Azerbaijan “On Normative Legal Acts.” It is proposed to replace the phrase “termination of the employment contract” with “cessation of the employment contract”: “Another example is the proposal to repeal paragraph 2 of Article 65 of the Labour Code. This paragraph states that only employees who have worked at the relevant workplace for at least one year may be subject to certification. The same rule is reflected in Article 66 of the Labour Code, titled ‘Employees Not Subject to Certification.’ Since both articles produce the same legal effect, it is proposed to repeal paragraph 2 of Article 65 to eliminate normative duplication.”
The third direction of changes aims to improve the Labour Code and adapt it to modern employment relations. As an example of expected changes in this direction, the inclusion of the concepts of “business trip” and “remote (distant) work” in the list of terms used in Article 3 of the Code was mentioned. It was emphasized that, according to the proposed changes to Article 117 of the Labour Code, the wage paid to an employee during leave should not be less than the employee’s last wage: “It is proposed to add a new paragraph regarding remote work to Article 3 of the Labour Code — ‘Basic Concepts Used in This Code.’ 9-2. Remote (distant) work is the performance of a work function using tools that allow remote execution (electronic, software-technical, telecommunication tools, etc.) outside the enterprise or the workplaces created by the employer as a natural person (at another suitable location for performing the work).”
Regarding the regulation of employment relations with remote workers, this will be determined by the employment contract: “According to the proposed amendment to Article 55 of the Labour Code, additional conditions of employment related to performing work functions in a remote (distant) work format are determined by mutual agreement of the parties through the employment contract. As seen from the article, the employment contract with a remote worker should reflect specific approaches regarding working conditions (leave, working hours, etc.), occupational safety, and reimbursement of internet and other communication costs used by the employee, among other aspects.”
As previously reported, more than 100 amendments to the Labour Code are expected next year. The draft amendments have already been submitted to the National Assembly and were approved at the first reading.
Expert Anar Bayramov stated that the proposed changes to the Labour Code have been prepared along three main directions. The first direction involves making relevant amendments to the Labour Code in accordance with the requirements of the International Labour Organization (ILO) conventions: “For example, based on the ILO Convention No. 156 ‘Workers with Family Responsibilities: Equal Opportunities and Equal Treatment for Men and Women Workers with Family Responsibilities,’ the concept of ‘worker with family responsibilities’ is planned to be included in the Labour Code. Another example based on the convention requirements is the proposed amendment to prevent any reduction of the postnatal portion of maternity leave. This change arises from the requirements of ILO Convention No. 183, which revises the 1952 Convention on the Protection of Maternity.”
The second direction involves making certain terminological and structural changes to the Labour Code, taking into account the requirements of the Constitutional Law of the Republic of Azerbaijan “On Normative Legal Acts.” It is proposed to replace the phrase “termination of the employment contract” with “cessation of the employment contract”: “Another example is the proposal to repeal paragraph 2 of Article 65 of the Labour Code. This paragraph states that only employees who have worked at the relevant workplace for at least one year may be subject to certification. The same rule is reflected in Article 66 of the Labour Code, titled ‘Employees Not Subject to Certification.’ Since both articles produce the same legal effect, it is proposed to repeal paragraph 2 of Article 65 to eliminate normative duplication.”
The third direction of changes aims to improve the Labour Code and adapt it to modern employment relations. As an example of expected changes in this direction, the inclusion of the concepts of “business trip” and “remote (distant) work” in the list of terms used in Article 3 of the Code was mentioned. It was emphasized that, according to the proposed changes to Article 117 of the Labour Code, the wage paid to an employee during leave should not be less than the employee’s last wage: “It is proposed to add a new paragraph regarding remote work to Article 3 of the Labour Code — ‘Basic Concepts Used in This Code.’ 9-2. Remote (distant) work is the performance of a work function using tools that allow remote execution (electronic, software-technical, telecommunication tools, etc.) outside the enterprise or the workplaces created by the employer as a natural person (at another suitable location for performing the work).”
Regarding the regulation of employment relations with remote workers, this will be determined by the employment contract: “According to the proposed amendment to Article 55 of the Labour Code, additional conditions of employment related to performing work functions in a remote (distant) work format are determined by mutual agreement of the parties through the employment contract. As seen from the article, the employment contract with a remote worker should reflect specific approaches regarding working conditions (leave, working hours, etc.), occupational safety, and reimbursement of internet and other communication costs used by the employee, among other aspects.”