Grounds and rules with the aim of terminating the employment contract. Aydin Guliyev.

Grounds and rules with the aim of terminating the employment contract.

                                                                    Lawyer Aydin Guliyev

According to the Constitution of Azerbaijan this decision has been shown no one can be compelled to work and everybody is able to choose their workplace, profession and occupation. What is more, some rules have been shown in the Labor Code of the Republic of Azerbaijan as an example the labor contract are concluded freely and anybody is not able to be compelled to sign this contract. One of the parties to the labor contract is the employer and the other is the employee. Any person who has reached the age of fifteen can be a party to an employment contract as an employee. A person who is whole incapacitated cannot be an employer. The employment contract is concluded via written form and there are two kinds according to time so the employment contract is concluded for an indefinite or fixed term. If there is no expired time in the contract, it has been signed for unlimited time. If the fixed-term employment contract continues continuously for more than 5 years, it is considered a permanent employment contract.

The initiative of one of the parties; expiration of the employment contract; changing the conditions of working conditions; circumstances beyond the will of the parties; the situations which has been shown in the contract by parties; due to the change of the owner of the enterprise, the employer (head) of the enterprise by the new owner, his deputies, the chief accountant and the heads of other structural units performing the direct management function, these are for the termination of the employment contract. If the employee desires to terminate the employment contract, he(she) is to notify the employer with a written application one calendar month in advance. After one calendar month, there is the right to avoid working and require to do final computation. In case of sexual harassment, the employment contract can be canceled on the day indicated in the application. What is more, this contract can be cancelled on the day shown in the application when the employer agrees it as the employer may not allow it when he does not get an application before one month. An employee who has submitted the application for the purpose of rejecting the contract may withdraw his application at any time before the end of the term. Provided that the employer has not officially notified the employee in writing about hiring a new employee for that position (occupation). It is forbidden for the employer to utilize threats or other methods so as to coerce the termination of the employment contract. In some cases, this contract can be cancelled by the employer as an example, when the company is liquidated; when the number of employees or their staff is reduced; if the employee does not fulfill his labor function or his obligations under the labor contract; if the employee does not justify himself during the trial period.

According to Article 74 of the Labor Code of the Republic of Azerbaijan, regardless of the will or desire of the parties, the employment contract is terminated in the following cases: when the employee is called up for military or alternative service; if there is a legally resolution (decision) of the court on the reinstatement of the employee who previously worked in the relevant job (position); if the employee is unable to perform the labor function due to the complete loss of working capacity for a continuous period of more than six months; when the employee's incapacity is confirmed by a legally binding decision of the court; when the employee dies, is declared missing or dead by a legally binding decision of the court; when an employee who previously worked in that enterprise exercises the right to return to his workplace (position) after being discharged from full-term active military service; when it is discovered that an employment contract to engage in pedagogical activity has been concluded with a person prohibited from engaging in pedagogical activity by law.

Used sources:

1. The Constitution of Azerbaijan the Constitution of Azerbaijan.

2. The Labor Code of the Republic of Azerbaijan.