06.02.2024

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 inquiry of the human rights commissioner (Ombudsman) of the Republic of Azerbaijan and the request of the Baku Court of Appeal, on verification of the compliance of Article 47, item "f" of the Labor Code with Part I of Article 25, Parts I-IV and VIII of Article 35 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge S.Salmanova, studied and discussed the inquiry of the human rights commissioner (Ombudsman) of the Republic of Azerbaijan, the request of the Baku Court of Appeal and the opinion of the Staff of the Milli Majlis of the Republic of Azerbaijan, the conclusions of specialist – Ministry of Labor and Social Protection of the Population of the Republic of Azerbaijan, the Ministry of Justice of the Republic of Azerbaijan, the Civil Board of the Supreme Court of the Republic of Azerbaijan, the Bar Association of the Republic of Azerbaijan, opinion of experts – Head of the Department of Labor and Environmental Law of Baku State University, Doctor of Law, Professor A. Gasimov and Professor of the same Department, Doctor of Law M. Aliyev, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that item "f" of Article 47 of the Labor Code of the Republic of Azerbaijan, should be considered in accordance with Part I of Article 25 and Parts I-IV and VIII of Article 35 of the Constitution of the Republic of Azerbaijan, unless there are cases provided for in other items of that article, including the possibility of concluding a fixed-term employment contract based on free will expressions and mutual consent of the parties under conditions of legal equality.

When examining cases related to item "f" of Article 47 of the Labor Code of the Republic of Azerbaijan, the courts shall examine the genuine volitional expressions of the parties to the contract in accordance with the legal positions reflected in the descriptive and substantiating part of this Decision and come to a conclusion.

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.