07.09.2021

The Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held its regular session via the written procedure of special constitutional proceedings.

At the court session was examined the constitutional case based on the request submitted by the Court of Appeal of Baku city on interpretation of Articles 3.1, 294 and 296 of the Labor Code of the Republic of Azerbaijan.

Having heard the report of Judge C.Qaracayev, studied and discussed reports of representatives of interested parties – Chairman of the Criminal Board of Court of Appeal of Baku city E.Rahimov and Head of the Department of Social Legislation of Milli Majlis A.Veliyev, conclusions of specialists Chairman of the Civil Board of Supreme Court S.Hajiyev, Judge of the Court of Appeal of Baku city R.Eyvazov, opinion of experts associate Head of the Department of Labor and Environmental Law, Faculty of Law, Baku State University, A.Gasimov the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that if the employment contract was concluded between the employee and the owner or his/her appointed (authorized) manager of the enterprise, as well as the authorized body, at the liquidation of the branch or representative office in which the employee worked, the employment contract should be canceled on the basis of a reduction in the number of employees or staff provided for in paragraph "b" of Article 70 of the Labor Code of the Republic of Azerbaijan.

If the employment contract has been concluded with the head of the enterprise, who is the authorized owner of the workplace in which the employee works, at the liquidation of the branch or representative office in which the employee works, this contract must be canceled on the basis of the liquidation of the enterprise, provided for in paragraph "a" of Article 70 of the Labor Code of the Republic of Azerbaijan.

According to the requirement of Article 294.2 of the Labor Code of the Republic of Azerbaijan, the creation of a body dealing with private labor disputes prior to trial must be provided for only in collective agreements, and this body must be created within the framework of a trade union of enterprises.

Bodies dealing with private labor disputes prior to trial and courts when resolving disputes must apply the time limits set forth in Article 296 of the Labor Code of the Republic of Azerbaijan and take into account the legal positions reflected in the descriptive and reasoning part of the given Decision.

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.