The Constitutional Court upheld the Ombudsman’s inquiry regarding the non-payment of compensation for additional leave

Under her mandate specified by the Constitutional Law on the Ombudsman of Azerbaijan, the Human Rights Commissioner submits inquiries to the Constitutional Court to check the compliance of the national legislative acts, along with the prevention of any conflicts within the law, and bring them into conformity with the Constitution of Azerbaijan.  

In addition, as a result of amendments to the aforementioned Constitutional Law, the mandate of the Ombudsman has been broadened in the field of ensuring equality and preventing discrimination, along with other fields.  

Based on the Ombudsman’s subsequent inquiry to the Constitutional Court, the Court reviewed the compliance of Article 144 (paras. 2 and 3) about the payment of monetary compensation for unused leave of the Labor Code of Azerbaijan with several articles, including Article 25 (paras. 1 and 3) about the right to equality, Article 71 (para.2) regarding guarantees for the right and freedoms of man and citizen, Article 149 about normative legal acts and paras.1 and 3, thereof, specifying that the normative legal acts shall be based on law and equity and equal approaches to equal interests with the Constitution.    

According to the decision by the Plenum of the Constitutional Court of the Republic of Azerbaijan, the provision of Article 144.3 of the Labour Code stating the “non-payment of compensation for additional leave provided for in Articles 115–117 and 118-1 of this Code” was suspended. The Court held that this provision was inconsistent with the principles of equality and justice underlying normative legal acts and disproportionately restricted the right to paid annual leave. Accordingly, it was declared incompatible with Parts I and III of Article 25, Part II of Article 71, and Part I of Article 149 of the Constitution of the Republic of Azerbaijan.

According to the decision, until the matter is resolved through legislative amendments and with due regard to Articles 25 and 149 of the Constitution of the Republic of Azerbaijan, in order to prevent the existing inequality, upon termination of the employment contract, the employee shall be granted compensation for all unused additional leave provided for in Articles 115–117 and 118-1 of the Labour Code for all working years.