Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held a regular session.
At the court session was examined the constitutional case based on the application of the Baku Court of Appeal, on interpretation of Articles 2.3 and 882 of the Civil Code, Part 3 of Article 2 of the Labor Code in connection with Article 203 of that Code.
Having heard the report of Judge H.Afandiyeva, studied and discussed report of interested party – Baku Court of Appeal and the Administrative Office of the Milli Majlis (Parliament); conclusions of specialists – Supreme Court, Bar Association, Center for Legal Expertise and Legislative Initiatives; opinion of experts – Professor of the Department of Civil Law, Faculty of Law, Baku State University, Doctor of Law M. Demirchiyeva and Head of the Department of Labor and Environmental Law, Professor, Doctor of Law A. Gasimov, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states that in accordance with the requirements of Part 3 of Article 2, Article 199 of the Labor Code of the Republic of Azerbaijan and Article 2.3 of the Civil Code of the Republic of Azerbaijan, the conclusion of a civil legal agreement on the damage caused by the employee to the employer, including an abstract agreement on acknowledgment of debt, is excluded.
According to Article 194 of the Labor Code of the Republic of Azerbaijan, since the termination of the employment relationship after the damage has been caused does not relieve the guilty party from financial responsibility, the employer can file a claim for the compensation of the damage in accordance with Article 203 and Part 2 of Article 205 of that Code.
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.