Recently, there have been serious concerns in our country regarding subsection “ç” of article 70 of the Labor Code.
Oku.Az reports that the problem of people fired based on this clause who cannot find work again has become a topic of widespread discussion in society.
Prominent lawyer in the field. Khayal Bashirov Read.AzIn his statement, he said people’s concerns about this article are justified:
The “clause “ch” of article 70 of the Labor Code of the Republic of Azerbaijan is the provision that people avoid and that worries people the most. Because the dismissal of an employee with reference to that article means, in a nutshell, than being “unhappy” for life.
According to the current Labor Code, this article applies to people who operate under labor legislation in both the public and private sectors.
It is necessary to take into account that there are very serious problems in the employment of people who are released from work under subparagraph “ch” of article 70 of the Labor Code. Those who are under the effects of this article face difficulties in obtaining employment in other institutions, in the public or private sector, throughout their lives.
Previously this item was written in the work book, but now it is added to the electronic system.”
In the lawyer’s opinion, in fact, this article can in a certain sense condition people to take a serious and responsible approach to their work functions and duties, but on the other hand, it is not fair that a person is deprived of the right to work for life because he violates his job duties for a short period of time:
“Even those who have committed serious and particularly serious crimes under criminal responsibility are exempt from all the consequences of that conviction after a certain period of time, and those who are dismissed from their jobs under this article are not, so to speak , exonerated.
I make the comparison to the extent that I can clearly explain how that substance causes difficulties for people.
The presence of this article in labor legislation seems to mark a person for life, that this person did not respect his duties, did not fulfill his job function and should not be given a job. How fair can that be?
Therefore, there should be some point in the legislation related to this article, so that after a while such a person does not have difficulties in finding work.
After all, being unemployed for a while also leads to reform in a sense. A person should always be given a chance for next time.
In current practice, people go to court over this issue. If they are unsuccessful in court, they are forced to work without an employment contract, which is a violation of their rights.
Furthermore, those unemployed are interested in earning income illegally. This can eventually lead to crime.
Dismissal under paragraph “ch” of article 70 is often not related to job duties at all, if any problem arises between the employee and the employer. For example, an employer argues with an employee and, so to speak, finds some kind of excuse to treat him badly and dismiss him from work under subparagraph “ch” of article 70.
Ultimately, this leads to the loss of a responsible, yet talented and productive employee in the future, and this job loss exposes you to other losses in the future. That is why I believe that the legislation should be modified regarding the limitation of the period of validity of that article, so that after a time a new opportunity appears for that employee,” said the lawyer.
Are statistics of those dismissed from work carried out in the country under subparagraph “ch” of article 70 of the Labor Code?
From the Press Service of the State Statistics Committee Oku.AzIn response to the query, it was reported that general statistics of those dismissed under that clause are not kept.
The statistics compiled by the State Statistics Committee are as follows:
Therefore, the lack of statistics on cases of dismissal under the aforementioned article of the Labor Code can be considered a gap. The existence of these statistics would be useful both to protect workers’ rights and to evaluate the situation of the labor market.
Aziza Ismayilova
