Termination of employment agreements: new grounds added to the Labour Code (May 2026)

Amendments have been made to the Labour Code of the Republic of Azerbaijan and the Law of the Republic of Azerbaijan “On Narcological Service and Control” (effective from 19 May 2026). The amendments mainly introduce new requirements related to employment, medical examinations and regulation of labour relations for professions and positions subject to activity restrictions for narcological patients.

In particular, pursuant to newly added Article 48.5-2 of the Labour Code, employees applying for professions and positions subject to activity restrictions for narcological patients, the list of which is determined by the Cabinet of Ministers of the Republic of Azerbaijan, must submit a medical examination (medical check-up) opinion issued by a state narcological medical institution.

In addition, per Article 48.5-3 of the same Code, employing a person in the relevant profession or position without a health certificate or a medical examination (medical check-up) opinion, where required by law, is prohibited.

According to the amendments made to Article 74 of the Labour Code, employment contracts shall be terminated where a person employed in professions and positions subject to activity restrictions for narcological patients is determined to be a narcological patient, as well as where it is discovered that labour relations were established without the medical certificate required by law.

Pursuant to newly added Article 226.1-1 of the Labour Code, persons employed in professions and positions subject to activity restrictions for narcological patients must undergo initial and periodic medical examinations (medical check-ups). Furthermore, where there are reasonable grounds to suspect that, during the performance of their labour functions, such persons are under the influence of substances affecting the human psyche, they must immediately undergo a medical examination (medical check-up) with appropriate justification, at the employer’s expense.

At the same time, amendments to the Law of the Republic of Azerbaijan “On Narcological Service and Control” introduced provisions regarding the immediate medical examination of persons where there are reasonable grounds to suspect that, during the performance of their labour functions, they are under the influence of substances affecting the human psyche.

It should also be noted that the “List of professions and positions subject to activity restrictions for narcological patients, as well as the duration of such restrictions”, was approved by Resolution No. 145 of the Cabinet of Ministers of the Republic of Azerbaijan dated 12 September 2002.

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