2025年4月23日，中国国家主席习近平同来华进行国事访问的阿塞拜疆总统阿利耶夫举行会谈，两国元首共同宣布建立中阿全面战略伙伴关系，并签署《中华人民共和国和阿塞拜疆共和国关于建立全面战略伙伴关系的联合声明》。随着“一带一路”倡议的深入推进，阿塞拜疆凭借其优越的地理位置、税收减免政策及日益开放的营商环境，正吸引越来越多中国企业前往投资兴业。劳动用工合规是企业海外经营的核心环节之一，涉及劳动合同、薪酬福利、工时休假、社会保险等多方面法律要求。本文结合阿塞拜疆最新劳动法规与实践，梳理当地雇佣员工的合规要点，旨在帮助赴阿投资企业规避风险，实现安全、合规、可持续的经营发展。1

注释：

1. 注：阿塞拜疆的官方货币单位为马纳特，以下简称为AZN。截止2025年9月21日1 AZN = 4.17 CNY。

2. Labor Code of the Republic of Azerbaijan Article 7. Regulation of labor relations by legislation and by concluding contracts

   2. Except for the cases specified in Parts 2-1 and 2-2 of Article 7 of this Code, labor relations arise when an employment contract is concluded in the form of an electronic document in an electronic information system.

   2-1. Labor relations between employees accepted (recruited) to relevant positions (professions) in state bodies (or organizations), the list of which is approved by the relevant executive authority, and employers arise when an employment contract is concluded in written form on paper.

   2-2. In accordance with the Law of the Republic of Azerbaijan “On State Registration of Legal Entities and the State Register”, employment relations with the persons specified in the application for electronic registration of a limited liability company with local investment [14], arise from the moment the certificate of registration, extract from the state register and charter are sent to the company's electronic cabinet in the manner prescribed by that Law.

3. Labor Code of the Republic of Azerbaijan Article 12. Main duties and responsibilities of the employer

   1. The main duties of the employer in the field of labor relations are:

   h) enter the employment contract notification into the electronic information system using an electronic signature (except for the cases specified in parts 2-1 and 2-2 of Article 7 of this Code);

4. Labor Code of the Republic of Azerbaijan Article 311. Disciplinary liability for violation of labor legislation

   If an employee or employer violates their obligations established by the employment contract, labor function, as well as the requirements of this Code and other normative legal acts included in the labor legislation system, thereby causing certain damage to the rights and legally protected interests of the other, they shall be subject to disciplinary liability as provided for in Article 186 of this Code.

5. Labor Code of the Republic of Azerbaijan Article 186. Disciplinary liability for violation of labor and executive discipline and its types

   1. If an employer or employee fails to fulfill their duties established by this Code and other regulatory legal acts, or abuses their rights, or fails to fulfill their obligations under an employment contract, they shall be subject to disciplinary liability, and in cases provided for by legislation, also to material liability.

   4. The employer shall be held liable for disciplinary action as provided for in this Article by an official considered to be his employer, the owner of the enterprise, or, if the enterprise is state-owned, by the relevant executive authority. The employer shall be held liable for administrative or criminal offense in accordance with the procedure established by law.

6. The Code of the Azerbaijan Republic On administrative violations Article 53. Violation of the labor legislation

   53.1. Attraction of natural person to fulfillment of any works (services) by employers

   without entering to the employment agreement (contract) in an order stipulated by the

   Labor Code of the Azerbaijan Republic, —

   § shall involve penalization on officials at the rate of three thousand to five

   thousand, on legal entities - twenty thousand to twenty five thousand manats.

7. Labor Code of the Republic of Azerbaijan Article 51. Probationary period

   1. Except for the cases specified in Article 52 of this Code, an employment contract may be concluded with a probationary period for the purpose of checking the employee's professional level and ability to perform the labor function. A probationary period of no more than two weeks shall be established in an employment contract concluded for a period of up to six months, and a probationary period of no more than three months shall be established in other employment contracts.

   2. The probationary period consists of the working hours during which the employee performs his/her labor function. Periods during which the employee temporarily loses his/her ability to work, as well as periods during which he/she is absent from work while maintaining his/her average salary, are not included in the probationary period.

   3. An employment contract that does not specify a probationary period is considered to have been concluded without a probationary period.

8. Labor Code of the Republic of Azerbaijan Article 52. Cases where a probationary period is not determined

   A probationary period when concluding an employment contract is not established:

   with persons under the age of 18;

   with those who hold the relevant position through competition;

   with pregnant women and women with children under the age of three, as well as with men raising children under the age of three alone;

   with persons who are employed for the first time in their specialty (profession) in the year they graduate from educational institutions;

   with persons elected to a paid elective office;

   with persons with an employment contract for a period of up to two months;

   in other cases determined by agreement of the parties.

9. Labor Code of the Republic of Azerbaijan Article 53. The result of the test during employment and the procedure for its regulation

   1. Before the end of the probationary period, either party may terminate the employment contract by giving the other party three days' written notice (on paper or via an electronic information system).

   2. If one of the parties has not requested the termination of the employment contract by the end of the probationary period, the employee shall be deemed to have completed the probationary period successfully. From the moment the employee is deemed to have completed the probationary period, the employment contract may be terminated only in accordance with the procedure and on the grounds established by this Code.

   3. When determining the probationary period in an employment contract, the employer must specify the condition for terminating the employment contract if the employee fails to perform satisfactorily during the probationary period.

   4. The employment contract of an employee who has not proven himself during the probationary period may be terminated by a reasoned order of the employer. The employee must be informed in writing of the reasons for such termination.

10. Labor Code of the Republic of Azerbaijan Article 155. Minimum wage

    5. Bonuses, wage supplements, increases, as well as payments for work performed outside normal working hours and other payments provided for by the wage system are not included in the amount of the minimum wage.

    The Code of the Azerbaijan Republic On administrative violations Article 53. Violation of the labor legislation

11. 53.3. Payment of the salary to the employee in the amount less than minimal salary

    stipulated by the legislation —

    § shall involve penalization at the rate of one thousand to one thousand five hundred

    manats.

12. Labor Code of the Republic of Azerbaijan Article 165. Payment of wages for work performed overtime

    1. Employees shall be paid wages for each hour of work performed during overtime as follows:

    not less than double the hourly rate (position) salary in the time-based wage system;

    In the piecework payment system, the piecework wage is paid in full, plus an additional payment at a rate not lower than the hourly rate (position) salary of a part-time employee of the appropriate qualification (specialized).

    2. The employment contract or collective agreement may provide for the payment of a higher amount of additional remuneration to employees for work performed overtime.

    3. Replacing overtime with an additional day off is not allowed.

13. Labor Code of the Republic of Azerbaijan Article 164. Payment of wages for work performed on days off, voting days, holidays that are not considered working days, and national mourning days

    1. Wages for work performed on days off, voting days, holidays that are not considered working days, and national mourning days shall be paid as follows:

    not less than twice the daily rate of pay in the time-based wage system;

    not lower than double the wage rates in the piece-rate wage payment system;

    For employees receiving a monthly salary, if the work was done within the monthly working time norm, in addition to the salary, not less than the amount of the daily duty salary; if the work was done outside the monthly working time norm, in addition to the salary, not less than the double amount of the daily duty salary.

    2. At the request of an employee who has worked on a day off, voting day, non-working holiday, or national day of mourning, he or she may be granted another day off instead of salary payment.

14. Labor Code of the Republic of Azerbaijan Article 172. Periods for payment of wages

    1. Monthly wages shall be paid to employees, as a rule, in two installments (in advance and in the amount of the remaining amount) twice a month with an interval of not more than sixteen days. Employees whose wages are calculated for an annual period shall be paid no less than once a month.

    2. Other periods for payment of wages may be determined in a collective agreement or employment contract.

    3. If the day on which wages are paid falls on a day off, a voting day, a national day of mourning, or a holiday that is not considered a working day, it shall be paid on the day immediately preceding such day.

15. Labor Code of the Republic of Azerbaijan Article 172. Periods for payment of wages

    5. If the payment of wages is delayed due to the fault of the employer and this circumstance has given rise to an individual labor dispute, the employee shall be paid compensation in the amount of not less than one percent of the unpaid wages for each delayed day. If this circumstance gives rise to a collective labor dispute, the dispute shall be resolved in accordance with the procedure provided for in the section "Labor Disputes" of this Code.

16. Labor Code of the Republic of Azerbaijan Article 172. Periods for payment of wages

    6. If the issuance of an employee's work record book within the time specified in the second part of Part 3 of Article 83 of this Code is delayed due to the fault of the employer, the employee shall be paid the average wage for the entire period during which he/she was unable to find work.

17. “因雇主过错导致的延迟”是指因未在规定时间内核算工资、未从授权银行收到款项、未按时进行财务和会计操作，以及其他直接取决于雇主意愿和能力的情况，而导致未能在规定期限内向雇员支付工资。此术语不适用于因雇主无法控制的情况而导致其未能按时支付工资的情形，例如银行违反立法要求的不当金融操作、银行破产，以及因另一雇主未支付已完成的工作或已提供的服务款项。

18. The Code of the Azerbaijan Republic On administrative violations Article 53. Violation of the labor legislation 53.4. Allowance of violations of the Law in the calculation and payment of salary and vacation pay of the employee, except for shortages admitted as a result of mathematical calculations, shall involve penalization on officials at the rate of seven hundred to one thousand five hundred manats.  

19. The Code of the Azerbaijan Republic On administrative violations Article 53. Violation of the labor legislation

    4. Allowance of violations of the Law in the calculation and payment of salary and vacation pay of the employee, except for shortages admitted as a result of mathematical calculations, shall involve penalization on officials at the rate of seven hundred to one thousand five hundred manats.

20. Labor Code of the Republic of Azerbaijan Article 89. Full-time work and its duration

    1. Full-time work is the time determined for employees to perform their labor functions within the weekly and daily working hours provided for in this Code.

    2. The duration of normal daily working hours may not exceed eight hours.

    3. The duration of the normal weekly working time corresponding to the normal daily working time cannot be determined to exceed 40 hours.

21. Labor Code of the Republic of Azerbaijan Article 90. Determination of full weekly working hours

    1. As a rule, a five-day work week with two days off is established.

22. Labor Code of the Republic of Azerbaijan Article 90. Determination of full weekly working hours

    2. Depending on the nature of production, work, service and working conditions, the employer with the relevant executive authority may establish a six-day working week within the framework of the full-time weekly working time.

    3. In a six-day work week, if the weekly norm is 40 hours, the duration of daily working hours cannot exceed 7 hours, if the weekly norm is 36 hours, the duration of daily working hours cannot exceed 6 hours, and if the weekly norm is 24 hours, the duration of daily working hours cannot exceed 4 hours.

23. Labor Code of the Republic of Azerbaijan Article 91. Short-time work

    1. Shortened working hours may be established for individual categories of employees, taking into account their age, health, working conditions, characteristics of their work function and other circumstances, in accordance with this Code and relevant regulatory legal acts, as well as the terms of the employment contract and collective agreement.

    2. The duration of reduced working hours shall not exceed 24 hours per week for employees under the age of 16, and 36 hours for employees aged 16 to 18 and employees with a disability of 61-100 percent of bodily functions, as well as pregnant women and women with children under the age of 18 and parents raising children under the age of 3.

24. Labor Code of the Republic of Azerbaijan Article 92. Reduced working hours for employees engaged in work with harmful conditions 

    1. Employees working in industries, professions and positions with physical, chemical, biological and other severe production factors harmful to human health shall be assigned a reduced working week of no more than 36 hours per week.

25. 这些岗位和职业需要经政府部门批准，并注明工作时长。

26. Labor Code of the Republic of Azerbaijan Article 93. Shortened working hours for employees engaged in special jobs

    In workplaces with labor conditions that involve high sensitivity, excitement, mental, physical or nervous tension, as well as other factors that negatively affect human health (for doctors, teachers working in electrotechnical installations, devices and other workplaces provided for by law), shortened working hours are established, provided that they do not exceed 36 hours per week.

27. Labor Code of the Republic of Azerbaijan Article 97. Duration of work performed at night

    1. The period from 10 p.m. to 6 a.m. is considered night time.

    2. When at least half of the daily working hours of employees working in workplaces with different levels of harmful working conditions, as determined by the relevant executive authority, as well as in work of a continuous nature, fall at night, the part of the working hours falling at night shall be shortened by one hour.

28. Article 98. Employees who are not allowed to be involved in night work

    1. It is not permitted to employ workers under the age of eighteen for night work.

    2. Disabled workers may be involved in night work only with their written consent and taking into account the opinion of the body (institution) designated by the relevant executive authority.

    3. Pregnant women, women with children under the age of 14, as well as women with children with disabilities (taking into account Article 242 of this Code), and men raising children under the age of three without a mother may be involved in night work only with their written consent.

29. Labor Code of the Republic of Azerbaijan Article 99. Overtime work

    1. Overtime work is considered to be the performance of a labor function beyond the established working day, upon the order (order, decision) of the employer and with the consent of the employee.

30. Labor Code of the Republic of Azerbaijan Article 99. Overtime work

    2. In order to prevent natural disasters, industrial accidents and other emergencies, eliminate their consequences, ensure martial law, as well as prevent the loss of goods in transit, it is permitted to involve an employee in overtime work, subject to compliance with the rules established by this Code.

31. Labor Code of the Republic of Azerbaijan Article 101. Exceptional circumstances in which overtime work is permitted

    1. Overtime work is permitted only in the following exceptional cases:

    a) to carry out the most important work necessary to ensure the defense of the state, as well as to prevent natural disasters, industrial accidents or eliminate their consequences;

    b) to ensure that necessary work is carried out to eliminate the consequences of unexpected disruptions that lead to disruption of work and services in water, gas and electricity supply, heating, communications and other utility facilities;

    c) suspension of work that has been started and cannot be completed by the end of the working day due to technical conditions of production, when it is necessary to complete the work in the same day due to an imminent danger of equipment or goods being damaged or broken;

    d) when it is necessary to carry out work related to the repair or restoration of malfunctioning mechanisms and devices, which causes the suspension of the work of the majority of employees;

    e) when it is impossible to allow a break in work due to the absence of the replacement employee.

    2. The employer is obliged to take all necessary measures to replace an absent employee with another employee, as well as to promptly eliminate the reasons that led to the involvement of employees in overtime work in exceptional cases provided for in this article.

32. Labor Code of the Republic of Azerbaijan Article 99. Overtime work

    3. It is not allowed to involve employees working in especially difficult and harmful areas, as well as other cases provided for in this Code, in working overtime.

33. Labor Code of the Republic of Azerbaijan Article 242. Restrictions on women's involvement in night work, overtime work, work on weekends, as well as on business trips

    1. Pregnant women, women with children under 14 years of age, as well as women with disabled children, may be employed at night, work overtime, on weekends, holidays and other days that are not considered working days, and sent on business trips only with their written consent (in the case of pregnant women and women with children under 3 years of age, if there is a doctor's opinion that there is no danger to their life or health, or the child's).

    2. Part 1 of this article shall also apply to women who adopt a child under the age of 14, as well as women who adopt a child with a disability.

34. Labor Code of the Republic of Azerbaijan Article 100. Limit of overtime work

    1. Each employee may not be involved in overtime work for more than four hours during four consecutive working days, and in workplaces with difficult and harmful working conditions, not more than two hours.

35. Labor Code of the Republic of Azerbaijan Article 165. Payment of wages for work performed overtime

    1. Employees shall be paid wages for each hour of work performed during overtime as follows: not less than double the hourly rate (position) salary in the time-based wage system; In the piecework payment system, the piecework wage is paid in full, plus an additional amount not lower than the hourly rate (position) salary of a part-time employee of the appropriate specialty (specialized).

    2. The employment contract or collective agreement may provide for the payment of a higher amount of additional remuneration to employees for work performed overtime.

    3. Replacing overtime with an additional day off is not allowed.

36. The Code of the Azerbaijan Republic On administrative violations Article 54. Violation of labour protection rules

    54.0. Violation of the rules of labour protection, i.e.:

    54.0.5. non-observance of normal regime for labour and rest;

    shall involve penalization at the rate of one thousand to two thousand manats.

37. Labor Code of the Republic of Azerbaijan Article 304. Social insurance of employees

    When concluding an employment contract with an employee, the employer must ensure that each employee is covered by compulsory state social insurance in accordance with the procedure established by the Law of the Republic of Azerbaijan “On Social Insurance”. The employment contract must necessarily contain relevant information on the employee’s compulsory state social insurance, including whether he or she is covered by additional insurance.

38. Labor Code of the Republic of Azerbaijan Article 307-1. Compulsory medical insurance of employees

    The employer must ensure compulsory medical insurance for each employee in accordance with the procedure established by the Law of the Republic of Azerbaijan “On Medical Insurance”. The employment contract must necessarily contain relevant information about the employee’s compulsory medical insurance.

39.  Criminal Code of the Republic of Azerbaijan Article 162. Infringement of a labor safety rules

    162.1. Infringement of safety precautions regulations or other rules of labor safeties committed by a person, to whom these rules are assigned, and as result brought to serious or minor serious harm to health of a person— is punishable by the penalty at a rate from two thousand to three thousand manats, or corrective works for the term up to two years, or restraint of freedom(see) for the term up to one year, or imprisonment for the term about six months.  

    162.2. The same action, which on imprudence brought to death of a person— is punishable by imprisonment for the term up to five years with deprivation of the right to hold the certain posts or to engage in the certain activities for the term up to three years or without it.  

    162.3. Acts provided for in Article 162.1 of this Code, which caused by negligence the death of two or more persons— is punishable by imprisonment for the term from three to seven years with deprivation of the right to hold the certain posts or to engage in the certain activities for the term up to three years or without it.

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