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LAW OF THE AZERBAIJAN REPUBLIC

of May 13, 2022 No. 529-VIQD

About modification of the Labor code of the Azerbaijan Republic

Being guided by Item 16 of part I of article 94 of the Constitution of the Azerbaijan Republic, Millie DECIDES: Majlis of the Azerbaijan Republic

In the Labor code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 1999, No. 4, Article 213; 2001, No. 3, Article 143, No. 6, Article 362, No. 11, Articles 672, 679, No. 12, Article 731; 2002, No. 1, Article 2, No. 5, Article 241, No. 6, Article 328; 2003, No. 1, Articles 9, 23; 2004, No. 1, Article 10, No. 2, Article 57, No. 3, Article 133, No. 6, Article 413, No. 7, Article 505, No. 9, Article 672, No. 12, Article 981; 2005, No. 3, Article 151, No. 4, Article 278, No. 7, Article 560, No. 10, Article 874, No. 11, Article 1001, No. 12, Article 1094; 2006, No. 3, Articles 220, 222, No. 5, Article 385, No. 11, Article 923, No. 12, Articles 1004, 1025, 1030; 2007, No. 5, Articles 401, 437, No. 6, Article 560, No. 8, Article 756, No. 11, Articles 1049, 1053; 2008, No. 3, Article 156, No. 7, Articles 600, 602, No. 10, Article 887, No. 11, Article 960; 2009, No. 2, Article 48, No. 5, Article 294, No. 6, Article 399, No. 12, Articles 949, 969; 2010, No. 2, Articles 70, 75, No. 4, Article 275; 2011, No. 1, Article 11, No. 2, Articles 70, 71, No. 6, Article 464, No. 7, Article 598; 2012, No. 11, Article 1054; 2013, No. 2, Articles 89, 101, No. 11, Article 1268; 2014, No. 2, Article 92, No. 10, Article 1162, No. 11, Article 1339, No. 12, Article 1527; 2015, No. 2, Article 97, No. 3, Article 250, No. 6, Article 680; 2016, No. 2 (I book), Articles 190, 201, No. 5, Article 847, No. 11, Article 1767; 2017, No. 6, Articles 1031, 1048, No. 12 (I book), Article 2187, 2189; 2018, No. 1, Article 13, No. 6, article 1155, No. 7 (I book), Articles 1380, 1408, No. 12 (I book), Article 2532; 2019, No. 1, Article 35, No. 4, Article 570, No. 5, Articles 796, 804, No. 7, Article 1182, No. 8, Article 1380; 2020, No. 1, Article 1, No. 5, Article 522, No. 7, Article 832, No. 11, Articles 1322, 1332, 1335, No. 12 (I book), Article 1424; 2021, No. 1, Article 2, No. 5, article 427, No. 6 (the I book), Articles 539, of 541, No. 7, Articles 698, of 711, No. 8, Article 894, No. 11, to begin to make 1203) the following changes:

1. Under Article 49:

1.1. in the name after the word "introduction" to add with the words "and cancellation";

1.2. add with part 5 of the following content:

"5. In the cases provided by part of 1-1 Article 74 of this Code, the notification on the existing employment contract in electronic information system according to the decision of the body exercising the state control of observance of the labor law is declared invalid.".

2. Under Article 74:

2.1. in Item е) parts 1 after the words "death" to add with words ", the announcement the missing person or the dead by a court decision, taken legal effect";

2.2. add with parts 1-1 and 1-2 of the following content:

"1-1. The bases for recognition of the cancelled employment contract signed by the employer who is physical person according to the appeal of the worker to the body exercising the state control of observance of the labor law are the following circumstances:

1-1.1. the death of the employer showing physical person, recognition by his missing person or dead based on the judgment which took legal effect;

1-1.2. election of measure of restraint as court in the form of detention concerning the employer showing physical person or deprivation of its freedom on the judgment which took legal effect;

1-1.3. recognition of the employer showing physical person incapacitated or is limited capable based on the judgment which took legal effect;

1-1.4. the announcement of the employer showing physical person in search according to the Code of civil procedure of the Azerbaijan Republic and the Criminal Procedure Code of the Azerbaijan Republic;

1-1.5. application concerning the employer who is showing the foreigner and not having nationality, expulsion out of limits of the Azerbaijan Republic administratively according to the Code of the Azerbaijan Republic about administrative offenses.

1-2. Recognition of the employment contract cancelled according to part of 1-1 Article 74 of this Code does not exempt participants of employment relationships, and also heirs (within share in inheritance) the died employer showing person from the obligations established by the labor law.".

3. Add Article 87 with part 8 of the following content:

"8. After recognition of the notification on the employment contract the body exercising the state control of the observance of the labor law cancelled according to part 5 of article 49 of this Code based on the address of the worker makes the corresponding records in its service record.".

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