Approved Pursuant to Decree 386 of
The President of the Republic of Azerbaijan of
February 16, 2011
The Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan
I. General Provisions
1.1. The Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan (hereinafter referred to as “the Ministry”) is a central executive body implementing state policy in the areas of including labour relations, protection of labour, use of labour resources, social protection of population, as well as labour pensions and social insurance, employment of population, unemployment insurance, demography, socio-medical expertise, rehabilitation of people with disabilities and children with special needs.
1.2. In its activities, the Ministry is guided by the Constitution of the Republic of Azerbaijan, laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, decisions and resolutions of the Cabinet of Ministers of the Republic of Azerbaijan, international treaties to which Azerbaijan is a signatory and this Regulation.
1.3. When carrying out its duties and exercising its rights set forth in these Regulations, the Ministry mutually interacts with central and local executive bodies, local self-government authorities, and non-governmental organizations.
1.4. The Ministry operates on the basis of legality, humanism and respect of human and civil rights and freedom.
1.5. The Ministry has at its disposal state-owned property, an independent balance sheet, banking and treasury accounts, seal with the State Emblem of the Republic of Azerbaijan and its own name engraved on it, respective stamps and letterheads.
1.6. Costs related to the maintenance and activities of the Ministry are financed through the state budget of the Republic of Azerbaijan and other sources provided for by law.
1.7. The Ministry is located in Baku city.
II. Activity areas of the Ministry
2.1. The Ministry carries out activities in the following areas:
2.1.1. participates in the formation of a unified state policy in the areas of labour relations, employment of population, unemployment insurance, demography and social protection of population, as well as labour pensions and social protection and ensures the implementation of this;
2.1.2. together with relevant government agencies participates in the formation and implementation of a unified state policy in the labour migration;
2.1.3. carries out relevant works on provision of socio-medical expertise, rehabilitation of people with disabilities and children with special needs and social protection of population;
2.1.4. provides the implementation of prophylaxis of minor neglect who are under the age of 18, social rehabilitation of victims of human trafficking and social adaptation of those who are released from penitentiary institutions;
2.1.5. provides the social service in accordance with the law “About Social Service” of the Republic of Azerbaijan;
2.1.6. provides the development of labour relations, employment of population, demography and social protection of population;
2.1.7. operates within other areas determined by law.
III. Duties of the Ministry
3.1. The Ministry fulfils the following duties in accordance with the directions of activity specified in these Regulations:
3.1.1. to approve important guidelines, regulations, rules, and other normative legal acts for ensuring compliance with legislation in the areas of labour relations, employment of population, unemployment insurance and social protection, as well as labour pensions and social insurance, at the same time, providing legality in the areas which are appropriate to the directions of activity of the Ministry.
3.1.2. To coordinate activities of institutions, departments and organizations in the areas of provision of income payment, protection of labour, improving work conditions regardless of ownership and legal organization, as well as to assist in provision of labour to employers, payment and protection.
3.1.3. within the power granted to it, to exercise control over the activities of employers operate within the Republic of Azerbaijan related to issues of labour, employment and social protection regardless of their ownership and organizational legal form, to prevent their Orders, Resolutions and decisions that contradict labour legislation, to give instructions about their annulment, to bring to justice those who are guilty, and if necessary, to raise an issue for bringing them to justice to the relevant authorities.
3.1.4. to implement appropriate measures for the prevention of works in the institutions which do not correspond to the safety rules, the works that are dangerous for the health of employees, or for their life, and to make them correspond to the safety rules.
3.1.5. To grant certificate-passport that determines the compliance of newly established and reconstructed institutions, objects, production facilities with the requirements of labour protection;
3.1.6. to allow exploitation of newly built or reconstructed objects with production, social-welfare and catering facilities;
3.1.7. to co-ordinate the activities of the governmental and non-governmental structures ın the field of labour migration.
3.1.8. To exercise control over the activities of bodies of its structures and subordinate bodies;
3.1.9. To take measures for the improvement of the structure and the activity of the Ministry;
3.1.9-1. to create an electronic version of the information system of the Ministry and to ensure the implementation of electronic services in the fields of labour, employment, social protection and social provision through this system;
3.1.10. to make proposals for improving work conditions and the provision of financial and social-welfare and to take appropriate measures;
3.1.11. to maintain labour relations and to improve normative legal basis;
3.1.12. to exersice control over the implementation of collective treaties and agreements and to record them;
3.1.13. to make proposals on labour payment and improving tariff systems;
3.1.14. to make proposals on payment systems, types and amount of it for employees work in the institutions financed by the state budget, as well as military servants and people with special ranks;
3.1.15. to exercise control over the payments of wages of the employees who work in the workplaces whose work conditions are tough and dangerous and are not favorable for working under the climate conditions with higher volumes (coefficients);
3.1.16. to exercise control over the standards of areas related to labour relations, and the compliance with the normative legal acts which determine the norms.
3.1.17. by taking working conditions into account to exercise control over the use of special clothing and other individual and collective protective equipment by the employees of the institutions, departments, and organizations regardless of their ownership and legal organizational form;
3.1.18. to provide the fulfillment of human and civil rights and freedom and prevent their violation;
3.1.19. to take measures for the prevention of involving individuals to carry out the works by employers before the labour treaty (contract) takes effect in the manner provided for by law;
3.1.19-1. to ensure the activity of e-social Internet Portal to serve the population through the unified electronic platform within the directions of activities of the Ministry;
3.1.19-2. to determine the production calendar for the next year’s regular working hours and norms of working hours every year.
3.1.21. to ensure investigation of the relationship between the accidents occured in production and the production and to make records about it;
3.1.22. to exercise control over the carrying out advanced works for decreasing the number of accidents occur in the production, and occupational diseases, and fulfilling the duties of labour protection, to determine the degree of loss of ability to work resulted by the accidents and occupational diseases happened in the production;
3.1.23. to co-ordinate carrying out the work of the state policy in the areas of demographics and the population growth;
3.1.24. by taking into consideration the advanced international experience related to the issues of labour, employment, social protection and demographics, to ensure the scientific-technical achievements in the fields of activities;
3.1.25. by studying the conditions in the labour market, to analyse recommendations and demands to labour force and to prepare predictions about the development of the labour basis;
3.1.25-1. to ensure taking remedial actions for preventing the compensation of lost wages of insured persons and the occurance of unemployment cases;
3.1.25-2. to take measures for the the state guarantee of social insurance’s and unemployed insurance’s regularity;
3.1.26. to ensure social protection of unemployed people and job seekers, to assist them with getting a job, to organize the involvement of them to the vocational training, additional education and paid public occupations that are relevant to the real demands of the labour market;
3.1.27. with the relevant governmental agencies, to ensure the organization and implementation of territory and state employment programs in accordance with the legislation;
3.1.28. with the participation of relevant governmental agencies, to study the living standards of population, to analyse and evaluate, as well as to ensure the organization and implementation of events for improving the living standards of population;
3.1.28-1. to ensure the preparation of projects of budget of the State Social Protection Fund under the Ministry, and unrmployed insurance fund and the implementation of approved budget;
3.1.28-2. to exercise governance in the fields of mandatory state social insurance and unemployed insurance;
3.1.28-3. to exercise control over the collection of mandatory state social insurance and unemployed insurance from governmental agencieas and budget organizations, as well as from the legal entities, their branches and representatives, individuals (from insurers) who deal with individual entrepreneurial activities, as well as from those who are insured and the amount is determined by the Law “About Social Insurance” and “About Unemoloyed Insurance” of the Republic of Azerbaijan;
3.1.28-4. to ensure financing the payment of labour pensions, the events mentioned in the Article No.19 of the Law “ About Unemployed Insurance” of the Republic of Azerbaijan, and payment of other social insurances shown in the Article No.6 of the Law “About the Social Insurance” of the Republic of Azerbaijan in a timely manner;
3.1.28-5. to ensure the implementation of personal record in the state social insurance system;
3.1.28-6. to ensure the provision of information in the personal accounts by the employers and insurer in a timely and accurate manner, and safely keeping and maintaining them;
3.1.29. to make proposals about acceleration of minimum wage, increasing the level of demand criteria to the minimum living standards for the country step by step, indexing the amount of labour pensions and social allowances depending on the inflation rate;
3.1.30. to ensure the payment of demand in accordance with the fields of activities;
3.1.31. to ensure the targeted state social aid to familiies with low-income in accordance with legislation;
3.1.32. to ensure the conducting evaluation and monitoring in the targeted state social aid;
3.1.33. with the relevant governmental agencies, to participate in the preparation of predictions in the areas of socio-economic development of the country, and to ensure the implementation of state programs and growth concepts;
3.1.34. to ensure the payment of social pensions, compensations financed by the state budget, provision and payment of the benefits of President of the Republic of Azerbaijan to individuals of categories in accordance with the legislation, with the relevant governmental agencies, to organize complex activities to provide population belong to separate categories with the medical, social-welfare service, sanatorium-spa treatment, and transport vehicles of people with disabilities;
3.1.35. to provide the benefits of President of the Republic of Azebaijan;
3.1.36. to submit proposals on the improvement of normative legal acts in the areas of social insurance, unemployed insurance, labour pensions, social allowances, compensations and the benefits of President of the Republic of Azerbaijan;
3.1.37. to prepare statistical reports about the labour pensions, social allowance, targeted state social service and the benefits of President of the Republic of Azerbaijan to individuals belong to separate categories;
3.1.37-1.to ensure the presentation of report about the implementation of the budget of the State Social Protection Fund under the Ministry and the budget of the unemployed insurance fund;
3.1.38. to ensure the implementation of international treaties supported by the Republic of Azerbaijan in the field of relevant activities;
3.1.39. to co-ordinate the activcities of other executive bodies in the directions of activities of the Ministry;
3.1.40. to make recommendations about maintainence of processes of labor migration;
3.1.42. with the relevant executive bodies, to carry out works related to create important conditions for the social protection of labour migrants;
3.1.42-1. to exercise control over the ensuring the rights of labour migrans by employers;
3.1.44. to comment on the granting work permit to foreigners and individuals who are not the citizen of the Republic of Azerbaijan in order to allow them to work, and the possibility of payment of employers’ demand to labour force at the expense of local labour resources with respect to extension of duration of work permit;
3.1.45. to grant special permit (license) to relevant activities in cases and in the manner provided for by law;
3.1.46. to approve the treaties signed in accordance with the legislation and for the implementation of those activities between individuals who are granted with special permit (license) to assist the citizens of the Republic of Azerbaijan to get a job abroad and individuals or legal entities of foreign countries;
3.1.46-1. to exercise control over the legal entities who assist the citizens of the Republic of Azerbaijan to get a job abroad;
3.1.48. to participate in the preparation of projects of international treaties between the Republic of Azerbaijan and other foreign countries in the fields of activites;
3.1.49. to ensure medical social expertise, rehabilitation and social protection of people with disabilities and children with special needs, and to provide them with prosthetic orthopedic equipment, wheelchairs and other rehabilitiation equipment;
3.1.50. to prepare and implement special programs in the fields of medical, labour, and social rehabilitation of people with disabilities and children with special needs in accordance with the legislation;
3.1.50-1. to exercise control over the conformity of rehabilitation equipment shown in the Law No.30.1 on “About the Rights of people with disabilities” of the Republic of Azerbaijan with the technical normative legal acts, and delivering them to people with disabiltiies based on their residential place;
3.1.51. to improve the works of the recreation centers network of people with disabilities with the purpose to strengthen rehabilitation of people with disabilities and children with special needs, and to ensure the establishment of new rehabilitation centers in different settlements of the Republic of Azerbaijan in accordance with the actual legislation;
3.1.52. to electronically conduct registration of people with disabilities by using the electronic information resources of the central and local executive bodies to create a unified information basis of the people with disabilities;
3.1.53. with relevant governmental agencies, to organize events in the areas of art, music, physical education, and sport among the intelligent people with disabilities and children with special needs;
3.1.54. to cooperate with public organizations of people with disabilities and children with special needs operate in the Republic of Azerbaijan in the area of strengthening social protection of the people with disabilities and children with special needs;
3.1.55. to implement measures for the proxylasis of children neglect who are under the age of 18, with relevant governmental agencies, to organize individual prophylactic work about their parents or other legal representatives;
yetkinlik yaşına çatmayanların baxımsızlığının profilaktikası tədbirlərini həyata keçirmək, həmin şəxslərin valideynləri və ya digər qanuni nümayəndələri barəsində aidiyyəti qurumlarla birlikdə fərdi profilaktik işi təşkil etmək;
3.1.55-1. to participate in the monitorings related to provision of children’s rights;
3.1.55-2. in accordance with directions of activity specified in the Ministry’s Regulations, to prepare annual report about provision of children’s rights;
3.1.56. to exercise control over the activities of social rehabilitation institutions for the children under the age of 18, as well as institutions and services that deliver social services to them and their families, and to take measures in order to improve those institutions and service network;
3.1.57. to assist with the provision of modern methods and technologies of the social adaptation in the institutions and services that deliver social services to children under the age of 18, and their families;
3.1.58. to carry out activities related to social adaptation of individuals released from the penitentiary institutions, to provide one-off financial allowance to individuals who are released from prison and in need of medical and social support, to co-ordinate the activities in the area of social adaptation of those released from prison.
3.1.59. to implement measures for social rehabilitation of the victims of human trafficking in accordance with the legislation, to establish the help centers for them with this purpose, and to control the activity of those centers;
3.1.60. in accordance with the Law “About Social Service” of the Republic of Azerbaijan, to organize social service to individuals (families) with hard life conditions, and individuals (families) who are in need of social protection, as well as to those who live in the social service institutions under the Ministry and belong to that category, to take measures in order to improve the relevant social services, and to increase the effectiveness, and to exercise control over this field;
3.1.61. to organize appointment wih citizens, to provide handling the applications, recommendations and complaints of citizens in a timely manner provided for by law, as well as to give response to them via the website, and to take other measures in a manner determined by law;
3.1.62. to provide the information about their activities to population, creation of website, the placement of information that is required to be published on the website and regularly updating that information;
3.1.63. to take appropriate measures for the provision of information and consultance, to present information (references) based on the requests of individuals and legal entities;
3.1.64. to take important measures for protection of privacy and state secrets, as well as for safety in the directions of activities.
3.1.65. to organize records of the financial resources in the bodies and subordinate agencies of the Ministry, to control their usage, to implement appropriate measures for increasing the productivity of the structures’ activities;
3.1.66. to ensure the expenditure of the funds, credits, grants and other financial resources allocated from the state budget and to exercise control over the use of them.
3.1.67. to ensure keeping and protection of archive documents of the Ministry in a manner provided for by law;
3.1.68. to organize the use of information and communication technologies in the system of the Ministry allocated by the state budget for intended purposes;
3.1.69. to regularly control the activities of the central office of the Ministry, and staff training, and to take important measures, to provide staff training for highly qualified personnel in the relevant field, to take measures to train specialists for their additional training;
3.1.70. to set a centralized records system for the activities of the Ministry, and to conduct a statistical report;
3.1.71. to perform other functions defined by the acts of the President of the Republic of Azerbaijan.
IV. Rights of the Ministry
4.1. The Ministry is entitled with the following rights for fulfilling its duties and functions;
4.1.1. to prepare projects of the normative legal acts belong to directions of Ministry’s activities or to participate in their preparation;
4.1.2. to make request to state and local self-governing bodies, individuals and legal entities about necessary information (documents) in relevant area and receive such information (documents) from them;
4.1.3. to make proposals for being expedient in the support of the Republic of Azerbaijan to international treaties in the fields of labour relations, employment of population, unemployment insurance, labour migration, social insurance, labour pensions, social benefits and other areas of social protection of population;
4.1.4. to participate in the preparation of periodic reports about implementation of duties set forth by international treaties supported by the Republic of Azerbaijan and are presented to international organizations by the Republic of Azerbaijan;
4.1.5. to implement cooperation with relevant authorities and other bodies of foreign states, international organizations, to study relevant experience of foreign countries;
4.1.6. to negotiate and consult international oganizations, foreign state bodies, associations, foreign companies about cooperation in the field of labour migration prescribed by law.
4.1.7. to involve independent experts into its operation financed from the state budget envisaged for these purposes;
4.1.8. to release special bulletins, to carry out printing-poligraph activities by creating press releases financed from the state budget envisaged for these purposes;
4.1.9. to exercise rights about state property mentioned in the resolution;
4.1.10. to carry out works related to repair, construction and reconstruction of buildings for the needs of the Ministry financed from the state budget envisaged for these purposes;
4.1.11. to assist in the preparation of collective treaties and agreements;
4.1.12. to give an opinion on relevant field, make analysis and generalization, prepare analytical materials, make recommendations, provide conducting scientific research financed from the state budget;
4.1.12-1. to maintain compliance of insurers to the state mandatory social rules;
4.1.12-2. to check the accuracy of information presented by employers about personal data, and to bring justice those who infringed the law on personal data and to take actions againt them determined by the Code of the Azerbaijan Republic On administrative violations;
4.1.13. to exercise other rights defined by the acts of the President of the Republic of Azerbaijan.
V. Organization of the Ministry’s activity
5.1. Central Office of the Ministry, its structures and subordinate agencies (legal entities, organizations, etc.), as well as relevant executive authorities of The Labour and Social Protection of Population of Nakhchivan Autonomous Republic are an integrated system of the Ministry. The Ministry carries out its activities directly and through those bodies.
5.2. The structure of the Ministry, the total number of employees of the Ministry’s Central Office and agencies that are included in the structure of the ministry is determined by the President of the Republic of Azerbaijan. The total number of subordinate institutions (legal entities, organizations, etc.) that are not included in the structure of the Ministry is approved by the Cabinet of Ministers of the Republic of Azerbaijan.
5.3. .The Minister of Labour and Social Protection of Population (hereinafter - the Minister) is appointed and dismissed by the President of the Republic of Azerbaijan and bears personal responsibility for the fulfillment of duties and implementation of the functions entrusted to the Ministry.
5.4. The Minister has four Deputy Ministers appointed and dismissed by the President of the Republic of Azerbaijan. The Deputy Ministers act in accordance with the allocation of the functions made by the Minister and bear personal responsibilities for the fulfillment of the functions entrusted to them.
5.5.1. organizes and manages the activity of the Ministry;
5.5.2. conducts segregation of duties between deputy ministers, defines their and ministry’s other officials’ authorities on staff, financial, economic and other issues, and ensures their mutual interaction;
5.5.3. adopts normative legal acts on approval of regulations of the structural branches of the Ministry, bodies that are included in the structure (except for structures whose regulations are approved by the President of the Republic of Azerbaijan) and submits charters of legal entities for its approval.
5.5.4. controls activities of bodies of the Ministry and subordinate bodies and coordinates their works.
5.5.5. Within the defined structure, wages fund and number of employees, approves the estimate of costs, structure, staff list and allocated budgetary funds of its bodies and the bodies that are not included in the structure of the ministry’s office;
5.5.6. appoints and dismisses the employees of the central office of the Ministry, heads, and other senior officials of its structures and subordinate bodies (with the exception of bodies whose heads are appointed and dismissed by the President of the Republic of Azerbaijan), takes encouragement and disciplinary punishment measures for them in a manner defined by legislation; makes presentations for appointing heads of local subordinate bodies,
5.5.7. issues orders and resolutions whose implementation is mandatory, approves normative legal acts as orders (signs) and organizes their implementation and examines and takes control over them;
5.5.8. annuls the decisions adopted by officials of the Ministry that contradict legislation;
5.5.9. represents the ministry in relation to government agencies, enterprises, institutions and organizations, legal entities and individuals of Azerbaijan Republic and foreign countries, as well as international organizations, signs relevant international documents within the powers granted to him;
5.5.10. ensures the expenditure of the funds allocated from the state budget for its intended purpose;
5.5.11. fulfills other duties in accordance with legislation;
5.6. The Minister can assign temporary performance of part of his duties to one of his deputies;
5.7. With the aim of studying and implementing scientific-technical achievements and advanced experience in the relevant area, scientific-technical council operating on public basis can be set up at the Ministry.The Regulation on Scientific-technical council is approved by the Minister.
5.8. The Ministry creates a board consisting of the Minister (chairman of the Board), deputy ministers, the Minister of the Labour and Social Protection of Population of Nakhchivan Autonomous Republic and and other senior officials of the Ministry. Experts and scientists can also be included in the composition of the Board of the Ministry
5.9. The number of members and composition of the board of the Ministry is approved by the Cabinet of Ministers of the Republic of Azerbaijan.
5.10. In its meetings, the Ministry’s Board discusses issues related to the activity of the Ministry, executive discipline, issues related to staff, projects of normative legal acts, and other necessary issues and takes relevant decisions.
5.11. The decisions of the Ministry’s Board are formalized by protocol and are approved by the Minister.
5.12. The meetings of the Board of the Ministry are considered as plenipotentiary by attendance of the majority members. Decisions of the Board of the Ministry are approved by simple majority of votes of its members. In cases of a tie vote, the Chairman’s vote shall be decisive.
5.13. The meetings of the Ministry’s Board are organized by the Minister.
5.14. Work rules of the Board of the Ministry are determined by Minister.
5.15. In the event of disagreement between the members of the Ministry’s Board, the Minister shall implement his decision informing the Cabinet of Ministers of the Republic of Azerbaijan about this. The Board members can send their personal views to the Cabinet of Ministers of the Republic of Azerbaijan.
5.16. Representatives of other executive bodies, organizations, as well as non-governmental organizations can be invited to the meetings of the Board of the Ministry.