Short answer: Under the Azerbaijan Labour Code, normal working time may not exceed 40 hours a week or eight hours a day (Article 89). Overtime requires an employer's order and the employee's consent, and is allowed only in the exceptional cases listed in the Code (Articles 99 and 101). No employee may work more than four hours of overtime over two consecutive working days (Article 100). Each overtime hour is paid at no less than double the hourly tariff (position) rate and cannot be replaced by time off (Article 165). Work on rest days and public holidays is paid at least double, or, if the employee wishes, another day off is given (Article 164). Night time runs from 22:00 to 06:00, and night work is paid at an increased rate (Articles 97 and 166).
Normal and reduced working time
In line with normal working time, a five-day week with two days off is set (Article 90.1, as worded from 2026). In a six-day week, a working day may not exceed seven hours (Article 90.3). For some employees, working time is reduced by law:
| Category of employee | Maximum weekly hours | Basis |
|---|---|---|
| Employees under 16 | 24 hours | Article 91.2 |
| Employees aged 16–18, employees with group I or II disability, pregnant women and women with a child under 18 months, parents raising a child under three alone | 36 hours | Article 91.2 |
| Work in harmful conditions | 36 hours | Article 92 |
| Work of a special nature (doctors, teachers, etc.) | 36 hours | Article 93 |
Where cumulative (summarised) recording of working time is used, the reference period may not exceed one year and a shift may not exceed 12 hours (Article 96.1). Daily rest between two working days must be at least 12 hours (Article 103.4).
Overtime: when and how
Overtime means work beyond the set working day performed on the employer's order (instruction, decision) and with the employee's consent (Article 99.1). The Code allows overtime only in these exceptional cases (Article 101.1):
- essential work for national defence or relating to a natural disaster or industrial accident;
- dealing with unforeseen events in utility services (water, gas, electricity, communications, etc.);
- finishing work that cannot be completed by the end of the day for technical reasons, where stopping it would damage equipment or goods;
- repairing broken machinery or installations that have halted the work of most employees;
- where work cannot be interrupted because no other employee is available to replace an absent one.
An ordinary workload (a late project, a busy season) is not an exceptional case. The employer must take timely steps to remove the causes of overtime (Article 101.2).
Limits: no employee may work more than four hours of overtime over two consecutive working days, or two hours in workplaces with heavy and harmful conditions (Article 100). In particularly heavy and harmful sectors, overtime is not allowed at all (Article 99.3). The Code sets no separate annual cap, but the two-day limit in practice also restricts monthly and annual overtime.
Who is protected: bans and written consent
| Employee | Rule | Basis |
|---|---|---|
| Employees under 18 | Overtime, night work and work on rest days and holidays are prohibited; for them, night time is 20:00–07:00 | Article 254 |
| Pregnant women, women with a child under 14 or a child under 18 with a disability (including adoptive mothers) | Only with written consent; for pregnant women and women with a child under three, a doctor's opinion that there is no risk to the child's life or health is also required | Article 242 (as amended by Law 1063-VIQD) |
| Men raising a child under three alone | Night work only with written consent | Article 98.3 |
| Employees with disabilities | Night work only with written consent and taking into account the opinion of the competent authority | Article 98.2 |
Until Law No. 1063-VIQD of 22 December 2023, pregnant women and women with a child under three could not be given such work at all. Older HR documents should be updated.
Pay for overtime, holiday work and night work
| Type of work | Minimum pay | Basis |
|---|---|---|
| Overtime (time-based pay) | Double the hourly tariff (position) rate for each hour | Article 165.1 |
| Overtime (piece-rate pay) | Full piece-rate pay plus a supplement of at least the hourly rate of a comparable time-rated employee | Article 165.1 |
| Rest days, holidays, voting days, day of mourning (time-based / piece-rate) | Double the daily (hourly) tariff rate / double piece rates | Article 164.1 |
| Same days, monthly-salaried employee | Within the monthly norm: the daily (hourly) salary on top of the monthly salary; beyond the norm: double the daily (hourly) salary on top | Article 164.1 |
| Night work | An increased amount, no lower than the threshold set by the Cabinet of Ministers; the exact amount is set in the contract | Article 166 |
An employment or collective agreement may provide for higher pay (Article 165.2). Overtime may not be replaced by an extra day off (Article 165.3). Law No. 332-VIIQD of 30 December 2025 added the concept of an "hourly" salary to Article 164, so a few hours of holiday work are also paid double on an hourly basis. Example: an employee on 10 manats an hour is owed at least 120 manats for 6 overtime hours.
Night work
Night time is the period from 22:00 to 06:00 (Article 97.1). In heavy, harmful and special-nature work, if at least half of the shift falls at night, the night part is shortened by one hour (Article 97.2). Since the 2026 amendments, when drawing up shift schedules and assigning night shifts, the employer must take employees' justified family needs into account where possible (Article 98.4).
Work on rest days and public holidays
Employees may not be required to work on rest days, voting days, non-working public holidays or the national day of mourning. The exceptions are the cases in Article 101(a) and (b), and continuous production, trade, catering, communications, transport and other service sectors (Article 107). Such work is paid under Article 164 (Article 109); at the employee's request, another day off may be given instead of pay (Article 164.2). The working day immediately before a holiday is shortened by one hour (Article 108.1).
Time recording and liability
The employer must keep an accurate record of each employee's actual working time and overtime hours, in a form the employer decides (Article 102). Timesheets, the order and written consent are the key evidence in a dispute.
Article 192 of the Code of Administrative Offences (breach of labour legislation) provides for fines on officials for unlawful calculation of pay. Employees may also claim unpaid amounts in court. On leave entitlements, see annual leave in Azerbaijan: duration, holiday pay and compensation.
Practical tips and checklists
For employers:
- Check that the overtime fits one of the exceptional cases in Article 101.
- Issue an order and obtain the employee's written consent; check separately for employees covered by Articles 254 and 242.
- Track the limit of 4 hours over two days (2 hours in heavy and harmful work) in the timesheet.
- Pay overtime at least double, and do not offer time off instead.
- For holiday work, record in writing whether the employee chose pay or a day off.
- State the night-work premium as a percentage in the contract.
- Apply the same rules to employees on probation (see probation period in Azerbaijan 2026).
For employees:
- Keep the overtime order or written instruction.
- Check that overtime and holiday hours are shown separately on your payslip.
- If you worked on a holiday, state your choice of pay or a day off in writing.
- If you are not paid, make a written claim and seek legal advice.
Frequently asked questions
Can my employer make me work overtime without my consent?
The Code defines overtime as work on the employer's order with the employee's consent (Article 99.1) and allows it only in exceptional cases (Article 101). Requiring it without consent is a legal risk for the employer.
Can I get a day off instead of overtime pay?
No. Overtime must be paid in money, at least double (Article 165.3). The option of a day off applies only to work on rest days and holidays (Article 164.2).
How much is a monthly-salaried employee paid for working on a holiday?
If the work is within the monthly norm, at least the daily (hourly) salary on top of the monthly salary; if beyond the norm, at least double the daily (hourly) salary (Article 164.1).
How we can help
Affidacons helps employers prepare internal rules and orders on working-time regimes, shift schedules, overtime and night work, check pay calculations and prepare for labour inspections. We advise employees on claiming unpaid overtime. Learn more about our employment and HR advisory service or contact us.
This article is general information and does not constitute legal advice. It is based on Articles 89–109, 164–166, 242 and 254 of the Labour Code of the Republic of Azerbaijan (including the amendments made by Law No. 1063-VIQD of 22 December 2023 and Law No. 332-VIIQD of 30 December 2025) and Article 192 of the Code of Administrative Offences (November 2026); legislation may change. Obtain advice on your specific circumstances before acting.
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