18.05.2023
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 application of the Baku Court of Appeal on interpretation of Part
5 of Article 172 of the Labor Code of the Republic of Azerbaijan.
Having heard the report of Judge K.Shafiyev, studied and
discussed report of interested party – Baku Court of Appeal and the
Social Legislation Department of the Administrative Office of the Milli Majlis
(Parliament);
conclusions of specialist – Supreme Court and Bar Association; opinion of expert
– professor of the Department of Labor and Environmental Law of the Faculty of
Law of Baku State University, Doctor of Law A.Gasimov, the Plenum of Constitutional Court
of the Republic of Azerbaijan adopted decision.
The decision states that considering the regulation of
labor relations based on the principle of equality of rights and interests of
subjects, the provision "for each delayed day, the employee must be paid
in the amount of at least one percent of the salary" stipulated in the
part 5 of Article 172 of the Labor Code of the Republic of Azerbaijan, is
applicable even if an individual labor dispute arises.
According to Part 4 of Article 296 of the Labor Code
of the Republic of Azerbaijan, the employee may apply to the court for payment
of compensation within 1 year from the day he/she discovered that his/her
rights were violated.
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.
