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Azerbaijan - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Azerbaijan - 2019    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 71 (3) and Art. 76 LC


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Art. 70 LC

    In 2011, an amendment added employees working in a state-financed enterprises that reach working age limit to the list of Art. 70.
    (source: 17 May 2011 #127-IVQD)


Prohibited grounds: pregnancy; maternity leave; family responsibilities; race; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; parental leave; state of health
Remarks:
  • Art 79(1) LC: Pregnant women, single parent, people raising children under the age of 3, workers who temporarily lost an ability to work, workers with diabetes or scattered sclerosis, members of a trade union or political party, workers with limited health capabilities under the age of 18 or with a severe disability, during negotiations of collective bargaining.

    Prohibited ground for a dismissal on the basis of race, sex, religion, together with other grounds are listed in Art. 16(1) LC on “Non-discrimination in labour relations”.ns”.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; workers performing military/alternative service; minors
Remarks:
  • Art. 80 LC provides that the employer has to ask the authorization of the trade union to dismiss any member of the trade union.

    Art. 255 prohibits the dismissal of workers under 18 for the lack of professional competency.

    Art. 77 LC provides protections for workers performing military/alternative service.