On February 18, 2026, the Plenum of the Constitutional Court of the Republic of Azerbaijan adopted an important decision on the constitutionality of some provisions of Article 144 of the Labor Code.
According to the previous legal regulation, additional leave granted based on length of service and the specifics of the work, as well as additional leave days provided to certain categories of employees (for example, women with children and specialists working in liberated territories), was not compensated upon termination of the employment contract.
The Constitutional Court, however, expressed a different position. The court stated that the right to additional leave is granted taking into account the working conditions and social status of the employee, and the lack of financial compensation for this right contradicts the principle of equality.
On this basis, the relevant norm was considered unconstitutional and its application was suspended.
According to the new legal approach, upon termination of the employment contract, the employer must compensate the employee for all unused leave days - both basic and additional leave.
It should be noted that this decision does not apply to previously terminated employment relationships. It applies only to legal relationships that arise after the decision enters into force and to cases currently pending in the courts.
