22.02.2022

Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held a session via the written procedure of special constitutional proceedings.

At the court session was examined the constitutional case based on the request submitted by the Surakhani District Court of Baku city on interpretation of paragraph "c" of Part 1 of Article 62 of the Labor Code of the Republic of Azerbaijan.

Having heard the report of Judge C.Qaracayev, studied and discussed reports of representatives of interested parties – Judge of the Surakhani District Court of Baku city S.Miriyeva and Head of the Social Legislation Department of Milli Majlis (Parliament) A.Veliyev, conclusions of specialist – Chairman of the Civil Board of the Supreme Court of the Republic of Azerbaijan S.Hajiyev, opinion of expert – Head of the Department of Labor and Environmental Law, Faculty of Law, Baku State University, Doctor of Law, Professor A.Gasimov the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that in accordance with paragraph "c" of Part 1 of Article 62 of the Labor Code of the Republic of Azerbaijan, in order to protect the interests of the employer and employees, to prevent possible violations of labor protection rules and in order to ensure labor discipline in the following cases an employee may be dismissed by a reasoned decision for socially dangerous acts or administrative offenses that are a direct part of the workplace and during working hours:

a) in accordance with Articles 90 and 91 of the Criminal Procedure Code of the Republic of Azerbaijan, if there is a decision of the prosecuting authority to recognize a person as a suspect or to prosecute him/her as an accused person;

b) in accordance with Article 99.4 of the Code of Administrative Offenses of the Republic of Azerbaijan in case of adoption of the relevant act on initiation of proceedings on administrative violation case.

The decision comes into force from the date of its publication, is final, and may not be cancelled, changed or officially interpreted by any institution or official.