Doing Business in Azerbaijan 2009 - Azerbaijan Export ...

46 DOING BUSINESS IN AZERBAIJAN
required for obtaining a license is exhaustive. No other documents
may be demanded from a business to issue the license.
Hiring & Firing
Labour relations governing the employment of all employees in the
Republic of Azerbaijan are regulated by the Labour Code, effective
1 July 1999 (the “Labour Code”), together with other laws issued
pursuant to the Labour Code. The Labour Code codified the
legislative acts adopted in the early years of independence and
number of lower tier normative legal acts.
Employment relations are established by virtue of execution of a
written employment contract, which is concluded without a fixed
term in most cases. In limited cases (such as seasonal works, work
under a fixed term project or assignment, agreement of employer
and employee) employment contract can be made for a fixed term
up to 5 years.
Fixed-term contract will be deemed to be extended for the same
period unless terminated by a notice within 7 days of the expiration
of the original term of the contract.
A contract without a fixed term can be terminated by employer only
in cases specified in the Labour Code such as gross violation of
labour duties by an employee, redundancies, determination by a
competency assessment body of an employee’s qualification as
inadequate for performance of his/her duties, change of labour
conditions etc.
An employer is under a duty to give a termination notice. The
general term of such a notice is 2 months (e.g. redundancies).
However, certain exceptions apply (e.g. in case of gross violation of