LRI 2022 Azerbaijan - CLR

Azerbaijan

2022 Score

86.5

Stagnant

2020 Score

86.5

Rating

Approaching
Decent Work

Fair
Wages

80

Decent
Working Hours

100

Employment
Security

100

Family
Responsibilities

75

Maternity
at Work

100

Safe
Work

100

Social
Security

80

Fair
Treatment

80

Child &
Forced Labour

100

Trade
Union

50

Fair Wages

Question	Answer	Score	Legal Basis
Does the law prescribe minimum wage rates in the country?	Yes	1	§35 of the Constitution 1995; §155, 292, 296 of the Labour Code, 1999; §192.3 of the Code on Administrative Offences 2021
Does the law require regular payment of wages?	Yes	1	§154-159, 172-176 of the Labour Code, 1999; §192.4 of the Code on Administrative Offences
Does the law require overtime compensation be at least 125% of the regular hourly rate?	Yes	1	§165 of the Labour Code, 1999
Does the law require additional compensation for working on a weekly rest day?	No	0	§109 and 164 of the Labour Code, 1999
Does the law require additional compensation for night work?	Yes	1	§97, 98, 166, 242 and 254 of the Labour Code, 1999; Resolution of the Cabinet of Ministers of the №74

Decent Working Hours

Question	Answer	Score	Legal Basis
Does the law stipulate general working hours as 48 hours or lower?	Yes	1	§99-101, 165, 242 and 254 of the Labour Code, 1999; 2004 Resolution of the Cabinet, №175;2003 Resolution of the Cabinet, №106
Does the law restrict maximum working hours including overtime to 56 hours per week?	Yes	1	§99-101, 165, 242 and 254 of the Labour Code, 1999
Does the law require a weekly rest of at least 24 hours?	Yes	1	§104 of the Labour Code, 1999
Does the law require paid public holidays?	Yes	1	§105-106, 164 of the Labour Code, 1999
Does the law require at least three working weeks of paid annual leave?	Yes	1	§110-121, 131-138 of the Labour Code, 1999; 2004 Resolution of the Cabinet , №92

Employment Security

Question	Answer	Score	Legal Basis
Does the law require written employment contracts or at least written employment particulars?	Yes	1	§43-49 of the Labour Code, 1999; §192.1 of the Code on Administrative Offences; §162-1 of the Criminal Code
Does the law restrict the hiring of fixed-term contract workers?	Yes	1	§45, 47 and 73 of the Labour Code, 1999
Does the law limit the length of probation period including renewals to a maximum of 3 months?	Yes	1	§51-53 of the Labour Code, 1999
Does the law require a 30-day notice before contract termination?	Yes	1	§10-1, 68-70, 72, 74 and 77 of the Labour Code, 1999
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?	Yes	1	§77 of the Labour Code, 1999

Family Responsibilities

Question	Answer	Score	Legal Basis
Does the law require parental leave for parents?	Yes	1	§111, 117, 130, 141 of the Labour Code, 1999; Decree of the President of the Republic of Azerbaijan, 2019
Does the law require at least one week of paid paternity leave for fathers?	No	0	§128 and 130 of the Labour Code, 1999
Does the law require flexible work arrangements for workers with family responsibilities?	Yes	1	§241-246 of the Labour Code, 1999
Does the law require paid nursing breaks?	Yes	1	§244 of the Labour Code, 1999

Maternity at Work

Question	Answer	Score	Legal Basis
Does the law prohibits inquiring about pregnancy during recruitment?	Yes	1	§66 of the Labour Code of Azerbaijan, 1999
Does the law require paid maternity leave of at least 14 weeks?	Yes	1	§125 and 126 of the Labour Code, 1999
Does the law require cash maternity benefit be at least 67% of a worker's former wage?	Yes	1	§72 of the Social Insurance Regulations, 1998
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?	Yes	1	§72 of the Social Insurance Regulations, 1998
Does the law protect workers from dismissals during or on account of pregnancy?	Yes	1	§73, 79 and 111 of the Labour Code, 1999

Safe Work

Question	Answer	Score	Legal Basis
Does the law require provision of free personal protective equipment to workers from employer?	Yes	1	§215 and 222 of the Labour Code, 1999
Does the law require the employer to train workers on health and safety issues?	Yes	1	§215 and 219 of the Labour Code, 1999
Does the law restrict work that is prejudicial to the health of the mother or the child?	Yes	1	§91, 241-243, 245 of the Labour Code, 1999
Does the law provide for employment injury benefit?	Yes	1	§304-307 of the Labour Code, 1999; 2010 Law of the Republic of Azerbaijan, №999-IIIQ

Social Security

Question	Answer	Score	Legal Basis
Does the law provide for an old age pension?	Yes	1	Labour Pensions Law, 2006; §4 and 6 of the Social Insurance Law, 1997; Decree of the President, 25.02.2019
Does the law provide for a dependants'/survivors' pension?	Yes	1	§43-46 of the Labour Pensions Law, 2006
Does the law provide for unemployment benefit?	Yes	1	Employment Law 2018; Unemployment Insurance Law 2017
Does the law require paid sick leave for the first 6 months of sickness?	No	0	§74 of the Labour Code, 1999; §6 of the Social Allowance Law, 2006
Does the law provide for invalidity benefit?	Yes	1	Labour Pensions Law, 2006

Fair Treatment

Question	Answer	Score	Legal Basis
Does the law require equal remuneration for work of equal value?	Yes	1	§35 of the Constitution, 1995; §16 and 154 of the Labour Code, 1999; §7 and 9 of the Gender Equality Law, 2006
Does the law prohibit sexual harassment in employment?	Yes	1	§12, 16, 31, 69 of the Labour Code, 1999; §2, 4, 7, 11,12, 17 of the Gender Equality Law, 2006; §151 of the Criminal Code
Does the law prohibit discrimination in employment matters?	Yes	1	§25 of the Constitution, 1995; §12 and 16 of the Labour Code, 1999; §7-10, 17 of the Gender Equality Law, 2006;
Does the law allow women to do the same jobs as men?	No	0	§25 of the Constitution, 1995; §16 and 241 of the Labour Code, 1999; §2 and 3 of the Gender Equality Law, 2006;
Does the law guarantee basic labour protections for gig economy workers?	Yes	1	Laws No. 55-IIIQ (7.02.2006) About social benefits; Labour Pensions Law, 2006; ISSA Country Profile for Azerbaijan

Child & Forced Labour

Question	Answer	Score	Legal Basis
Does the law prohibit employment of children?	Yes	1	§42, 46, 247-249, Labour Code; §24, Law №499-IQ of 1998; §192.8, Code on Administrative Offences
Does the law set employment entry age equal to or higher than the compulsory schooling age?	Yes	1	§19 of the Law on Education,2009; §13 of the Law on General Education, 2019
Does the law prohibit the employment of children in hazardous work under the age of 18 years?	Yes	1	§250, 251 & 254, Labour Code; §192.9 of the Code on Administrative Offences
Does the law prohibit forced labour?	Yes	1	§17, Labour Code; §144-1-144-2, Criminal Code; §1, Law №958-IIQ

Trade Union

Question	Answer	Score	Legal Basis
Does the law allow workers to form and join unions of their own choice?	Yes	1	§58 of the Constitution 1995; §1, 3, 10-19 of the Trade Union Law 1994
Does the law allow workers to bargain collectively with employers through their representative unions?	Yes	1	§25, 26, 31 and 32 of the Labour Code, 1999
Does the law provide for the right to strike?	No	0	§36 of the Constitution, 1995; §270-286 of the Labour Code, 1999; USDOS CRHRP 2021
Does the law prohibit employers from terminating employment contracts of striking workers?	No	0	§36 of the Constitution, 1995; §270-286 of the Labour Code, 1999; USDOS CRHRP 2021