DECISION
OF THE BOARD OF THE MINISTRY OF LABOUR AND SOCIAL PROTECTION OF POPULATION
OF THE REPUBLIC OF AZERBAIJAN
25th of December, 2018
№ 12
THE WORKING TIME NORM FOR 2019
In accordance with the Labour Code of the Republic of Azerbaijan and the Decision No.856s of the Cabinet of the Ministers dated 19 December 2018 “About the holidays Novruz, Ramadan, Gurban in 2019”, below mentioned days are considered non-working:
January 1-2 – New Year Holiday
January 20 – National Day of Mourning
March 8 – International Women’s Day
March 20, 21, 22, 23, 24 – Novruz holiday
May 9 – Day of Victory over fascism;
May 28 – Republic Day;
June 5,6 – Ramadan Holiday;
June 15 – National Salvation Day;
June 26 – Day of the Armed Forces of Azerbaijan;
August 12, 13 – Gurban holiday;
November 9 – State Flag Day;
December 31 – Solidarity day of the World Azerbaijanis
Pursuant to Item 5 of Article No.105 of the Labour Code of the Republic of Azerbaijan and the Decision No.856s of the Cabinet of the Ministers dated 19 December 2018 “About the holidays Novruz, Ramadan, Gurban in 2019”, due to the coincidence of a day off and a holiday, not considering as working day, in 2019 March 25, 26, June 17, November 11 are considered non-working days in a five-day work week, also March 25 is non-working day in a six-day work week.
February of 2019 consists of 28 calendar days, the year of 365.
According to the Article No.105-1 of the Labour Code of the Republic of Azerbaijan, Ballot day in the election of deputies of Milli Majlis of the Republic of Azerbaijan, the President of the Republic of Azerbaijan, members of the municipalities of the Republic of Azerbaijan, as well as a referendum on the territory of the election (referendum) is considered a day-off. Day of voting shall be defined in accordance with the legislation.
In accordance with the Articles No.211-1 and 213 of the Election Code of the Republic of Azerbaijan, the term of office of municipalities is 5 years, municipal elections are appointed by the Central Election Commission, and the decision on determination of municipal elections should be officially published in the mass media at the latest within 2 days after the decision had been made.
December 27, 2019 is considered as the Municipal Elections Day, unless it is officially announced for the calculation of the working time norm for 2019.
The five-day work week of 2019 consists of 242 work days (9 of them are pre-holiday days, 1 of them is a work day before the ballot day), 103 day-off (4 of them coincide with the holidays considered as non-working days), 18 holidays not considering as working day (4 of them coincide with the day-off), 1 ballot day, and 1 National Day of Mourning coincides with the day-off (242+103+18+1+1= 365).
Pursuant to Articles No.89 and 90 of the Labour Code of the Republic of Azerbaijan, daily working hours may not exceed eight hours, and in general, an employee must have a five-day work week with two days off. Normal weekly working hours corresponding to normal daily working hours may not exceed 40 hours.
The working times norm for 2019 is determined based on the 8 hours daily working hours, and 40 hours normal weekly working hours, and in accordance with Item 1 of Article No.108 of the Labour Code of the Republic of Azerbaijan, length of work day before the ballot day, holidays, considered as non-business days and the day of National Mourning must be reduced by one hour regardless of the number of working days in the week.
Based on the legislation, the annual norm for 2019 in the 40 hours of weekly work will be 1926 hours (232x8 + 10x7 = 1926 hours).
The queue schedules for the certain registration (record) period and a six-day week with one day off within weekly working hours prepared depending on the nature of the industry, service, and terms of employment, are compiled by following the five-day work week norm for the same period’s working times norm. According to Articles No.90 and 108 of the Labour Code of the Republic of Azerbaijan, while applying the six-day work week, daily working hours may not exceed 7 hours for a weekly quota of 40 hours, and the workday before days off should not exceed 6 hours. Except as provided for in Articles 91, 92 and 93 of the Labour Code of the Republic of Azerbaijan, at other workplaces the length of work day before the ballot day, holidays, considered as non-business days, referred to in Article 105 of this Code and the day of National Mourning should be all be reduced by one hour regardless of the number of working days in the week. For the employees who work 40 hours weekly in the six-day work week the annual norm will be 1926 hours at the six-day working weeks in 2019 as determined for the five-work week day.
If working hours corresponds to the working times norm during period of record or the calendar year, in the separate months, the cases of working less or more than the normal working times should not be a case for rechecking the six-day work week.
The concrete issues related to the amendment of the six-day work week for the annual working times norm are solved by considering the collective treaties and the industry and other local conditions.
Total hours worked may be used if working hours during the period of record do not exceed the standard number of working hours. In this case, the period of record must not exceed one year; the daily work (shift) period, 12 hours.