By AZE.US
Azerbaijan’s labor legislation allows certain employees to work fewer than the standard 40 hours per week without having their salaries reduced.
However, this legally protected schedule is often confused with part-time employment, where pay is generally based on hours worked.
The reduced-hours arrangement applies to specific categories of employees based on their age, health, family circumstances and working conditions.
Under Article 91 of Azerbaijan’s Labor Code, the maximum working week is limited to:
- 24 hours for employees under the age of 16;
- 36 hours for employees between the ages of 16 and 18;
- 36 hours for employees whose disability assessment reflects a 61% to 100% impairment of bodily functions;
- 36 hours for pregnant employees and women with children under 18 months old;
- 36 hours for parents raising a child under the age of 3 on their own.
Reduced working hours may also apply to employees in hazardous workplaces and certain professions involving high levels of physical, mental or emotional strain.
The most important provision is that employees working under a legally mandated reduced schedule must receive the full salary established for a normal working schedule. Their employer cannot lower their pay simply because the law allows them to work fewer hours.
Part-time employment is governed by different rules. A part-time day or part-time week may be established by mutual agreement between an employee and employer, either when an employment contract is signed or later during employment.
Under this arrangement, wages are generally calculated in proportion to the time worked, although the parties may agree on another payment method. Employees working part time must retain their other labor rights, including annual leave and statutory workplace protections.
The distinction is therefore financial as well as legal: an employee on a statutory reduced-hours schedule works fewer hours but receives full pay, while a part-time employee is normally paid according to the number of hours worked.
If an employee entitled to reduced working hours is required to work beyond the limit established for that person, the additional time is treated as overtime. Article 165 of the Labor Code requires overtime to be paid at no less than twice the employee’s regular hourly rate.
Compliance is monitored by Azerbaijan’s State Labor Inspection Service. Employers that violate working-hour limits or improperly require employees to perform overtime may face administrative liability under Article 198.1.5 of the country’s Code of Administrative Offenses.
Labor specialists say many employees fail to use these protections because they are unaware of their rights.
Employers, meanwhile, are required to structure work schedules in accordance with the law and inform staff of the conditions that apply to them.
AZE.US