19.02.2026

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 on verification of Parts 2 and 3 of Article 144 of the Labor Code with Parts I and III of Article 25, Part II of Article 71, and Parts I and III of Article 149 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge I.Najafov, studied and discussed the inquiry of the Human Rights Commissioner (Ombudsman) of the Republic of Azerbaijan and opinion of the Office of the Milli Majlis (Parliament), the conclusions of specialists – Supreme Court, Center for Legal Examination and Legislative Initiatives, Ministry of Justice of the Nakhchivan Autonomous Republic, Bar Association, 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 the provision in Part 3 of Article 144 of the Labor Code “non-payment of compensation for additional leave provided for in Articles 115–117 and 118-1 of this Code” is inconsistent with the requirements of the principles of equality and fairness of normative legal acts and disproportionately restricts the right to paid leave, and therefore is not in accordance with Parts I and III of Article 25, Part II of Article 71, and Part I of Article 149 of the Constitution of the Republic of Azerbaijan, and therefore its application should be suspended.

Based on the legal positions reflected in the descriptive-substantiating part of this Decision of the Plenum of the Constitutional Court, in order to ensure compensation for additional vacations specified in Articles 115–117 and 118-1 of the Labor Code which were not used by the employee before the day of dismissal, Parts 2 and 3 of Article 144 of that Code shall be brought into line with the requirements of Parts I and III of Article 25, Part II of Article 71 and Part I of Article 149 of the Constitution of the Republic of Azerbaijan.

In order to prevent the existing inequality, taking into account the requirements of Articles 25 and 149 of the Constitution of the Republic of Azerbaijan, until the issue is resolved through legislation, upon termination of the employment contract, the employee shall be provided with compensation calculated in the prescribed manner and amount for the unused basic leave for additional leave specified in Articles 115–117 and 118-1 of the Labor Code, which the employee has not used for all working years.

This Decision of the Plenum of the Constitutional Court of the Republic of Azerbaijan shall apply to relations arising from the termination of employment contracts after its entry into force, as well as to relevant cases currently pending in the courts.

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.