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Law No: 25-II
Dated: Baku, 13 February, 1996
the Azerbaijan Republic
Article 1. Objective of the Law
The present Law regulates procedure of settlement of individual labour
disputes arising between the employer and employee, who concluded labour
agreement (contract), in an established order, when applying labour legislation
and other normative-legal acts of the Azerbaijan Republic at enterprises,
in companies and organisations working in the Azerbaijan Republic, irrespective
of the form of property, way of carrying out business activity or organisation-legal
subordination (hereinafter ´enterprisesª).
Article 2. About individual labour disputes
Individual labour dispute is difference of opinions arising between the employer and employee when applying terms of labour agreement (contract), collective labour agreement, labour legislation.
Article 3. Parties in individual labour dispute
In individual labour dispute arising at the enterprise, irrespective of the form of property, way of carrying out business activity or organisation-legal subordination, one party is represented by official or competent body authorised to conclude and terminate labour agreements (contracts) with employees or change terms of these agreements (contracts) (hereinafter ´employersª) and the other party employee making a claim about violation of his/her labour rights or legal interests, or person authorised by this employee in conformity with legislation.
Article 4. Bodies on consideration of individual labour disputes
All individual labour disputes are considered in law courts, except special
cases envisaged by legislation.
Article 5. Subject of individual labour dispute
present Law regulates procedure of settlement of individual labour disputes
arising in connection with the following:
Article 6. Right of the employee for appeal about re-establishment of his/her violated rights
Should the employee find that his/her rights have been violated with respect
to matters listed in Article 5 of the present Law, he/she will have the
right to appeal to competent body responsible for settlement of individual
labour disputes, in accordance with legislation, requesting that his/her
rights should be re-established.
Article 7. Obligations and responsibility of the parties in individual labour dispute
In individual labour disputes, both parties mutually respecting each other,
are obliged to follow requirements of legislation, responsibilities under
labour agreement (contract) and rules of law court settling labour disputes.
Article 8. Term of appeals
The employee may appeal to a body dealing with settlement of individual
labour disputes within 3 months, and in connection with labour disputes
arising due to termination of labour contract within one month from the
day when this employee knew about violation of his/her rights. The day
when the employee knew about violation of his/her right is considered the
day of issue of respective decree, order, labour (record) book, settlement
book (sheet) and also day of deliberate violation by the employer of important
terms of individual or collective labour agreement (contract), without
Article 9. Legislation concerning consideration of individual labour disputes
Procedure of consideration of individual labour disputes in law courts is controlled by the present Law, Civil-judicial Code of labour legislation and other legislative documents of the Azerbaijan Republic.
Article 10. Exemption of the employee from payment of legal costs
The employee presenting the claim about infringement of the rights is exempted from payment of legal costs.
Article 11. Absence of restrictions on a sum of claim and respective security
Sum of claim with respect to individual labour dispute and as security of claim is unlimited.
Article 12. Regulations concerning implementation of decisions and decrees on individual labour disputes
Decision of the law court about settlement of individual labour dispute
must be implemented immediately.
Article 13. Restrictions in changes in implementation of decisions of individual labour disputes
Decision of the law court concerning individual labour dispute which came into force legally cannot be cancelled as a control measure to the prejudice of the employee, one year after such decision has been taken.
Article 14. Persons and cases which are not controlled by the present Law
The present Law does not apply to persons elected or appointed to their
posts in an order envisaged in the Constitution of the Azerbaijan Republic,
persons appointed by the President of the Azerbaijan Republic, and also
persons elected to local self-governance bodies.
Article 15. Transition state
Respective legislative acts of the Azerbaijan Republic remain valid whenever they do not contradicts the present Law.
of the Azerbaijan Republic
About settlement of individual labour disputes
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