05.03.2025
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 on the interpretation of part 2-3.3 of Article 7 of the Labor Code of the
Republic of Azerbaijan in interrelation with Articles 49, 91, 91-2.1 and 91-2.3
of the Civil Code of the Republic of Azerbaijan.
Having heard the report of Judge C. Qaracayev,
studied and discussed the reports of interested parties – request of the Narimanov District Court of Baku and the
opinion of Staff of the Milli Majlis (Parliament), expert opinions of the Supreme
Court, Baku Court of Appeal, Center for Legal Expertise and Legislative
Initiatives, State Tax Service under the Ministry of Economy of the Republic of
Azerbaijan, 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 on the basis of Articles 15
and 59 of the Constitution of the Republic of Azerbaijan, as well as Articles
49, 91, 91-2.1 and 91-2.3 of the Civil Code of the Republic of Azerbaijan, as
well as Parts 2-3.3 of Article 7 of the Labor Code of the Republic of Azerbaijan,
relations between a legal entity and the management body of a legal entity are
mainly of a civil nature and are regulated by the relevant norms of civil law. However,
in order to protect the labor and social rights of the head of the executive
body of a legal entity, an employment contract must be drawn up between the
founder of the legal entity and the head of the executive body, who is in an
actual labor relationship.
Whereas the concept of a contract defined in Article
389 of the Civil Code of the Republic of Azerbaijan and Part 5 of Article 3 of
the Labor Code of the Republic of Azerbaijan, implies the mutual expression of
the will of two or more parties, then in the case if the founder of the legal
entity and the head of the executive body are the same person, the appointment
of this person to the position of head of the executive body must be formalized
by an appropriate decision without the emergence of any contractual relations.
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.