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Azerbaijan

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Azerbaijan

Standard working hours

The Labour Code of Azerbaijan establishes regulations regarding standard working hours in the country.

The standard working week in Azerbaijan is set at 40 hours. The maximum daily working hours cannot exceed 8 hours.

A five-day workweek with two rest days is the norm. In specific industries, employers can implement a six-day workweek, but with adjustments to daily working hours to maintain the 40-hour weekly limit. For a 40-hour workweek, the daily limit becomes 7 hours. For a 36-hour workweek, the daily limit is reduced to 6 hours. For a 24-hour workweek, the daily limit is further reduced to 4 hours.

The specific workweek structure (five-day or six-day) and working hours should be outlined in the employment contract or the organization's internal work rules.

Overtime

In Azerbaijan, the Labour Code provides clear guidelines for overtime work and its compensation.

Overtime work is defined as any hours worked beyond the standard established working hours as outlined in the employment contract or internal work rules.

Employers cannot assign an employee to work overtime for more than two consecutive days, with a limit of four additional hours per day. Workplaces with difficult or hazardous working conditions have a stricter limit of no more than two additional overtime hours per day.

Overtime work requires the employee's consent, except in specific situations like work necessary for national defense or preventing or responding to emergencies like natural disasters, industrial accidents, or social disturbances.

Overtime work must be compensated at a rate of at least 200% of the employee's regular salary if their wages are based on time worked. For employees paid based on piecework, overtime compensation must be no less than the standard hourly wage of employees within the same pay grade. Employment contracts or collective agreements may stipulate higher compensation rates for overtime work.

It's important to note that overtime work cannot be substituted with paid time off or additional leave days.

Rest periods and breaks

Azerbaijani Labour Law guarantees rest periods and breaks for employees to ensure their well-being and productivity.

Daily Rest Breaks

All employees are entitled to breaks for rest and lunch during the workday. The duration of these breaks is not mandated by law, but it should be at least one hour and must be counted as working time. Employees have the discretion to use this break for rest, lunch, or other personal needs.

Interval Between Workdays

The minimum rest period between the end of one workday and the start of the next is twelve hours.

Weekly Rest Days

Employees are entitled to at least one rest day per week, typically on Sunday. In a five-day workweek, employees receive two consecutive rest days. A six-day workweek allows for one rest day. The specific rest day schedule for each employee should be established in the employment contract or internal work rules.

Additional Considerations

Specific industries or workplaces may have different break or rest day arrangements outlined in collective bargaining agreements. Employers and employees can negotiate alternative rest day schedules as long as the minimum legal requirements are met.

Night shift and weekend regulations

In Azerbaijan, the Labour Code recognizes the unique demands of night and weekend work and establishes specific regulations to protect employee rights.

Night shift work typically refers to working hours between 11 pm and 7 am. It should be clearly defined in the employment contract or internal work rules. Night shift workers are legally entitled to a shorter workday compared to the standard working hours. The exact duration of the shortened workday is not explicitly stated in the Labour Code, but it should ensure a total workweek that does not exceed the standard 40 hours. Night shift work warrants higher compensation. The Labour Code mandates a minimum wage increase of at least 20% for night shift hours compared to regular working hours. This additional compensation can be further negotiated in employment contracts or collective bargaining agreements.

Weekend work generally refers to work performed on an employee's designated rest day, typically Sunday. Weekend work requires the employee's written consent unless it falls under exceptions like emergencies or national defense requirements. Weekend work must be compensated at a higher rate than regular working hours. The Labour Code mandates a minimum increase of 50% of the employee's regular wage for work performed on their designated rest day. Similar to night shift work, this compensation can be further negotiated in employment contracts or collective bargaining agreements. Weekend work should be compensated with a rest day within the following ten days. If providing a replacement rest day isn't feasible, the employee receives double the compensation for the worked weekend day.

Pregnant women, single mothers with young children, and employees with disabilities generally have limitations or exemptions from night and weekend work. It's crucial to consult the specific articles within the Labour Code for detailed regulations regarding these exemptions. By adhering to these regulations, employers ensure fair treatment and proper compensation for employees working night shifts or weekends in Azerbaijan.

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