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 related
interpretation of parts 2-3.4 and 2-4 of Article 7 of the Labor Code of the Republic
of Azerbaijan in connection with parts III and IV of Article 35 of the
the Republic of Azerbaijan.
Having heard the report of Judge K.Shafiyev, studied and
discussed report of interested party – Baku Court of Appeal and Staff of
the Milli Majlis (Parliament); conclusions of specialists – the Supreme Court of the Republic
of Azerbaijan, the Bar Association of the Republic of Azerbaijan,
opinion of expert – Head of the Department of Labor and Environmental Law of
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 Article 35 of the
Constitution of the Republic of Azerbaijan, which establishes the
inadmissibility of concluding an employment contract in a compulsory manner,
does not exclude the obligation to formalize the labor relations created by a
person on the basis of a free choice with an employment contract according to
parts 2-3 and 2-4 of Article 7 of the Labor Code of the Republic of Azerbaijan.
In the cases indicated in parts 2-3 of Article 7 of
the Labor Code of the Republic of Azerbaijan, including whether the relations
between the parties related to the performance of works (services) related to
the employer's main field of activity are labor relations or not, should be
determined by the courts through examination the character and true nature of
those relations, the factual circumstances of the case as well as by taking
into consideration the legal positions reflected in this Decision of the Plenum
of the Constitutional Court of the Republic of Azerbaijan.
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.