As you might be well aware, the Administrative Penalties Code of Azerbaijan Republic was amended as of the end of 2007 to include a number of sizeable penalties (and measures) for the breach of labor law at various levels. Following this vital amendment, the labor authorities have challenged many companies in Azerbaijan by concerting massive labor audits. Notably, these audits have revealed many instances of breach of law with a result of the significant imposition of penalties.
In light of the foregoing, the regulation of employer-employee relations based on effective legislation has become extremely sensitive. Likewise, an employer now has to ensure that any documentation/records, for instance, relating to hiring of a personnel or termination of an employment are maintained and updated properly (these normally include preparation of orders, employment agreement, keeping labor books, etc.), or where a non-standard working schedule is applicable, employee remuneration is properly adjusted to this end.
At Azem & Partners, we understand how complex and burdensome this administrative process might be. Our associates have the necessary experience and practice in Labor Law matters so that we are pleased to offer you particularly our following services:
a) Labor Audit
A Labor Audit is a project that is intended to review or test if there are any early signs of any breach of law at the company. The audit normally takes place both at the premises of the client and our office. The project includes a review of the relevant records/labor documents and procedures of the client, followed by our written opinion in the end which would summarize our findings (if any) and our specific recommendations in this regard. The audit will specifically include the following:
- Testing of main labor documentation (salary payment schedule, working schedule, employment agreements);
- Reviewing of keeping and registration of employee-related orders (employment, termination and transfer);
- Reviewing of personal files of employees;
- Analysis of record-keeping of labor books, and documentation pertaining to vacation leave (vacation schedule, vacation order and applications);
- Reviewing of the maintaining of the documentation pertaining to labor protection measures, etc.
N.B. : Please note that information obtained or made available to us during the Labor Audit would be strictly treated as confidential and not disclosed to any other parties without your express consent.
b) Procedure for undertaking Labor Audit
- Obtaining the relevant information from you and their further review by our personnel;
- Upon necessity, conducting interviews/discussions with head/director of the client or any authorized person(s);
- Preparation of final opinion on the results of Labor Audit.
Following the Labor Audit, an opinion reflecting the following details will be prepared by us:
- Discussion of any areas/issues that require the immediate attention of the management and advice on how to take care of them;
- Responsibility of the client for the breach of Labor Law: list of potential penalties (amount of any given penalty, etc.).
AZEM & PARTNER’s immigration lawyers and professionals focus on providing individualized attention to our clients’ immigration needs. Given our global breadth and local depth, the diverse companies we represent look to us for counsel on a wide range of immigration needs including:
- Work visas for all levels of employees;
- Movement of executive, management and specialized personnel;
- Issues relating to mergers, acquisitions and divestitures, such as work visa amendments and due diligence;
- Issues relating to deportation and admissibility
Responsive to Corporate Needs
Our practice is flexible by design, meeting the legal requirements of the locations where our clients do business. Our immigration lawyers and professionals have extensive, proven experience in transactional, employment, regulatory, and administrative law to serve our clients’ needs.