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Termination of an employee due to conscription for active military service
Termination of an employee due to conscription for active military service
According to the Law of the Republic of Azerbaijan “On Military Duty and Military Service,” every male citizen of the Republic of Azerbaijan who has reached the age of 18 and is fit for military service based on health conditions must perform compulsory active military service in the Armed Forces of the Republic of Azerbaijan in accordance with the procedure established by this Law.
Citizens are conscripted for compulsory active military service four times a year — from the 1st to the 30th of January, April, July, and October — based on an order issued by the President of the Republic of Azerbaijan.
After the presidential order on conscription for compulsory active military service enters into force, conscripts who have not completed military service, who are not entitled to deferment, or who are not exempt from military service, must appear before the State Service for Mobilization and Conscription for Military Service at their place of residence or registration, taking into account the instructions specified in the summons notice. Conscripts not registered for military service must apply at their place of residence. A summons notice is considered officially delivered from the moment it is placed in the citizen’s electronic account and an SMS notification is sent, or the person is informed by other means.
The duration of active military service in peacetime is established as follows:
a) for compulsory active military service personnel:
individuals with higher education — 1 year;
all other soldiers, sailors, and sergeants — 1 year and 6 months.
Termination of employment of an employee conscripted for active military service
An employer has the right to terminate the employment of employees called up for military or alternative service in accordance with subparagraph “a” of Article 74 of the Labor Code of the Republic of Azerbaijan.
If the enterprise is not liquidated, the employee’s previous workplace and position are retained during the period of compulsory active military service. Persons employed at the relevant enterprise before being called up for military service have the right to return to their previous or equivalent position within no later than 60 calendar days after discharge from military service (Article 77.9 of the Labor Code of the Republic of Azerbaijan).
The employment contract with the conscript is terminated based on subparagraph “a” of part 1 of Article 74 of the Labor Code — “when the employee is called up for military or alternative service.” The summons notice issued by the State Service for Mobilization and Conscription for Military Service serves as the basis for termination of the employment contract. The termination must be formalized no later than the final reporting date specified in the summons notice. Based on a copy of this document, a dismissal order is prepared and the employee is informed accordingly.
Employee work experience during compulsory military service
The period of compulsory military service is not included in the employee’s work experience. According to Article 6 of the Labor Code of the Republic of Azerbaijan, the provisions of the Labor Code do not apply to military personnel.
Payments upon termination of an employee called up for compulsory military service
An employee called up for military service is entitled, in addition to standard payments, to receive a benefit equal to at least three times the average monthly salary in accordance with Article 74.7 of the Labor Code of the Republic of Azerbaijan.
On the day of dismissal, the employee must be paid:
- salary for the days worked;
- compensation for unused vacation days;
- a benefit equal to at least three times the average monthly salary.
In addition, according to Article 102.1.14.16 of the Tax Code of the Republic of Azerbaijan, benefits paid by the employer in connection with the employee’s conscription for military or alternative service within the amount prescribed by legislation are considered compensation payments and are exempt from income tax.
According to the Law of the Republic of Azerbaijan “On Military Duty and Military Service,” every male citizen of the Republic of Azerbaijan who has reached the age of 18 and is fit for military service based on health conditions must perform compulsory active military service in the Armed Forces of the Republic of Azerbaijan in accordance with the procedure established by this Law.
Citizens are conscripted for compulsory active military service four times a year — from the 1st to the 30th of January, April, July, and October — based on an order issued by the President of the Republic of Azerbaijan.
After the presidential order on conscription for compulsory active military service enters into force, conscripts who have not completed military service, who are not entitled to deferment, or who are not exempt from military service, must appear before the State Service for Mobilization and Conscription for Military Service at their place of residence or registration, taking into account the instructions specified in the summons notice. Conscripts not registered for military service must apply at their place of residence. A summons notice is considered officially delivered from the moment it is placed in the citizen’s electronic account and an SMS notification is sent, or the person is informed by other means.
The duration of active military service in peacetime is established as follows:
a) for compulsory active military service personnel:
individuals with higher education — 1 year;
all other soldiers, sailors, and sergeants — 1 year and 6 months.
Termination of employment of an employee conscripted for active military service
An employer has the right to terminate the employment of employees called up for military or alternative service in accordance with subparagraph “a” of Article 74 of the Labor Code of the Republic of Azerbaijan.
If the enterprise is not liquidated, the employee’s previous workplace and position are retained during the period of compulsory active military service. Persons employed at the relevant enterprise before being called up for military service have the right to return to their previous or equivalent position within no later than 60 calendar days after discharge from military service (Article 77.9 of the Labor Code of the Republic of Azerbaijan).
The employment contract with the conscript is terminated based on subparagraph “a” of part 1 of Article 74 of the Labor Code — “when the employee is called up for military or alternative service.” The summons notice issued by the State Service for Mobilization and Conscription for Military Service serves as the basis for termination of the employment contract. The termination must be formalized no later than the final reporting date specified in the summons notice. Based on a copy of this document, a dismissal order is prepared and the employee is informed accordingly.
Employee work experience during compulsory military service
The period of compulsory military service is not included in the employee’s work experience. According to Article 6 of the Labor Code of the Republic of Azerbaijan, the provisions of the Labor Code do not apply to military personnel.
Payments upon termination of an employee called up for compulsory military service
An employee called up for military service is entitled, in addition to standard payments, to receive a benefit equal to at least three times the average monthly salary in accordance with Article 74.7 of the Labor Code of the Republic of Azerbaijan.
On the day of dismissal, the employee must be paid:
- salary for the days worked;
- compensation for unused vacation days;
- a benefit equal to at least three times the average monthly salary.
In addition, according to Article 102.1.14.16 of the Tax Code of the Republic of Azerbaijan, benefits paid by the employer in connection with the employee’s conscription for military or alternative service within the amount prescribed by legislation are considered compensation payments and are exempt from income tax.