Labor Code Of Azerbaijan Republic (excerpts)
Adopted by the Law of Azerbaijan Republic
No-618-IQ of 1 February 1999 with amendments and supplements in accordance with
below given Laws and Decisions
The Decision of the Constitutional Court of AR, dated
on 23 February 2000
The Decision of the Constitutional Court of AR, dated
on 29 November 2000
The Law of AR No-88-IIQD of 20 February 2001
The I ta of
AR No-107- IIQD of 27 March 2001
The Decision of the Constitutional Court of AR, dated
on 19 April 2001
The Law of AR No-178- IIQD of 5 October 2001
The Law of AR No-186- IIQD of 5 October 2001
The Law of AR No-195- IIQD of 10 October 2001
The Law of AR No-214- IIQD of 15 November 2001
The Law of AR No-311- IIQD of 23 April 2002
The Law of AR No-333- IIQD of 24 May 2002
The Decision of the Constitutional Court of AR, dated
on 29 November 2002
The Law of AR No-391- IIQD of 3 December 2002
The Law of AR No-409- IIQD of 24 December 2002
The Decision of the Constitutional Court of AR, dated
on 17 June 2003
The Law of ARNo-568- IIQD of 30 December 2003
The Law of AR No-569- IIQD of 30 December 2003
The Law of AR No-598- IIQD of 5 March 2004
The Law of AR No-643- IIQD of 30 April 2004
The Law of AR No-675- IIQD of 21 May 2004
Article 66. Workers who are not subjected
to attestation
Attestation of the following workers is not held [only
women-related points]:
- pregnant women;
- women being in social leave for taking care of the
child under 3, and working after the end of this period on the appropriate
position (profession) less than a year.
Article 78. Persons who have privileges to
be retained on the work place at the reduction of the staff
1. During reduction of the staff in the appropriate cases,
there are retained the employees with higher qualification (profession) and
professional level which are required for the fulfillment of a labor function
on certain positions. The professional level of the worker is determined by an
employer.
2. Upon the same qualification (profession) or
professional level, the following employees get the preference to be retained
at the work:
- members of shekhids' [national martyrs] families;
- participants of war;
- wives (husbands) of soldiers and officers;
- persons who have 2 or more dependent children under
the age of 16;
- persons who have got a labor injury or professional
illness on this enterprise;
- persons who have the status an IDP, similar person
or refugee;
- other persons, specified by a collective or labor
contract.
Article 79. Employees and cases of
prohibition of dissolving a labor contract
1. Dissolution of a labor contract by an employer is
prohibited on the grounds specified by
Article 70 of the present Code:
- with pregnant women, as well as with women having
children under the age of 3;
- with employees, whose only source of earning is this
enterprise and who are bringing up a child under the school age alone.
Article 91. Reduced working time
2. Duration of reduced working time for workers at the
age of 16 must not exceed 24 hours, for employees at the age from 16 to 18
years old and disabled employees of the I, II groups, as well as for pregnant
women and women with children under the age of 1,5 - must not exceed 36 hours.
Article 94. Part time work
3. An employer must set up part time work schedule (a
working day or a working week) for employees, whose health and physiological
state (pregnancy, disablement, as well as chronic disease of a chiid and of
other family member due to the appropriate medical conclusion) require
fulfillment of a labor function in part time working schedule.
Article 98. Employees who are prohibited
to be involved in work at night time
1. Involvement
in work at night time is not admitted for pregnant women, women who have
children at the age under 3, employees under the age of 18.
Article 117. Additional leaves for women with children
1. Irrespective of duration of the main and additional
leaves, the women with 2 children under the age of 14 are given the additional
leave for 2 calendar days, the women with 3 and more children of this age, as
well as with a disabled child under the age of 16 - for 5 calendar days.
2. Fathers, upbringing children alone, as well as
persons adopted children have a right to the additional leave, determined in
the first part of the present Article.
3. The right to the additional leave, determined by
the present Article, is saved until one of the children attains the age of 14
by the end of the corresponding calendar year.
4. Additional leaves, determined by the present
Article, are not given to employees specified in Articles 118,119, 120 and 121
of the present Code.
Article 125. Leaves for pregnancy and
childbirth
1, Paid leave is given to working women in the period
of pregnancy and pflter childbirth during 126 calendar days (70 calendar days
before the childbirth and 56 calendar days after the childbirth). In case of
difficult childbirth, at birth of 2 and more children after a childbirth leave
is given during the period of 70 calendar days.
2. Leaves for pregnancy and childbirth is given to
working women in agriculture in the following duration:
a) at normal childbirth - 140 calendar days (before
the childbirth 70 calendar days and after childbirth 70 calendar days);
b) at difficult childbirth - 156 calendar days (before
the childbirth 70 calendar days and after childbirth 86 calendar days);
c) at childbirth of 2 and.more children 180 calendar
days (before the childbirth 70 calendar days and after childbirth 110 calendar
days);
Article 126. Right to the leave for women
adopted children
Women adopted or upbringing a child up to 2 months
without any adoption, enjoy the right to a certain post-natal leave during the
period of 56 days, as well as to the additional leave, determined by Article
117, and to a partially paid leave, specified in Article 127 of the present
Code.
Article 127. Right to a partially
paid social leave and the order of its usage
1. One of the
parents, or the other family member, directly taking care of a child, have the
right to use a partially paid social leave for baby-minding with payment of the
allowance in the amount determined by the legislation.
2. The employee, taking care of a child, can enjoy a
right to a partially paid social leave completely or in parts, on the basis of
a written application.
Article 130. Duration of unpaid leaves
given upon an employee's request
Unpaid leaves are given upon an employee's request and
with an employer's agreement in the following cases and for the terms to:
b) women or single parents, tutors and custodians who
have a child under the age of 16, - up to 14 calendar days.
Article 131. The order of giving the labor
leave
4. Regardless of time of labor contract conclusion,
the following employees have the right to go on labor leave for the first
working year:
a) women before and after childbirth - directly before
or after social leave;
b) wives (husbands) of the servicemen.
Article 133. The
order of priority on giving leaves.
3. The following employees can be given a labor leave
upon their request in any time favorable for them:
- women with 2 and more children under the age of 14
or disabled children under the age of 16;
- a parent or tutor, upbringing children under the age
of 16 alone;
- wives (husband) of the servicemen;
- invalids;
- veterans of war;
- persons, exposed to radioactive irradiation or with
radiation sickness as a result of elimination of sequences of accident of
Chernobyl nuclear power-station;
- employees under the age of 18;
- persons, getting education along with working;
- employees, specified in Article 120 of the present
Code, who have special services to Azerbaijan people.
Article 228. Peculiarities of regulating
labor protection of women and employees under the age of 18
Peculiarities of relations in the field of labor
protection of women, employees under the age of 18, as well as employees who
are engaged in the work places with harmful and difficult labor conditions, -
are regulated by the present Code and by the relevant standard legal acts.
Article 240. Peculiarities of concluding a
labor contract with pregnant women and women with children under the age of 3
1. It is inadmissible to reject concluding a labor
contract with women by the reason of her pregnancy, having a child under the
age of 3. This order is ;ot applied in the cases when the employer rejects to
hire an employee for the absence of the appropriate vacancy (position), as well
as at work places where woman labor is not allowed.
2. In case of an employer's rejection to conclude a
labor contract with a pregnant woman and woman with a child under the age of 3
for these reasons, a woman has a right to demand from the employer for the
written reply on the reason of rejection. The woman can lodge a complaint to
court against the reason of rejection to conclude a labor contract.
Article 241. Vacancies and works where the
application of women's labor is prohibited
1. It is prohibited to apply women's labor at work
places with difficult, harmful
labor conditions, as well as in underground tunnels, mines and other underground works.
2. As a rule, it is allowed sometimes to conduct the
appropriate underground works by women, not engaged in physical labor, working on leading positions or rendering
social, sanitarian-medical services, as well as in underground works without making physical labor on lowering and
lifting.
3. It is prohibited to involve women to lifting and
carrying the load, over the determined norm, from one place to another.
4. Women's labor function can include only the work
(services) on manual lifting and carrying the load within the following total
weight norms:
a) along with conducting the other work, manual
lifting and carrying the objects not exceeding 15kg by weight;
b) lifting of the objects not exceeding 10kg by weight
to the height above 1,5m;
c) during the whole working day (working week), manual
lifting and carrying the objects not exceeding 10 kg
by weight;
d) transportation of the objects on the loaded small
carts or other movable means with required application of power- not exceeding
15 kg.
5. It is prohibited to involve pregnant women and women with children under the age of 3
in conducting the work, specified in the present Article.
6. The list of enterprises, professions (positions)
with harmful and difficult labor
conditions, as well as underground works where application of women's labor is
prohibited, is certified by the appropriate body of executive power.
Article 242. Restriction of women's labor
at night, overtime and in days-off, as well as on business trips
1. It is inadmissible to involve pregnant women and
women with children under the age of 3 in work at night, overtime, in days-off,
holidays and other days which are not considered to be working days, as well as
to send them to business trips.
2. Involving women with children at the age of 3 to
14, as well as a disabled child under the age of 16 to overtime working in
days-off, holidays and other days which are not considered to be working days
and sending them to the business trips are admitted only upon their agreement.
Article 243. Moving pregnant women and
women with children under the age of 1,5 to easier job
1. Norms of
production and service are reduced for pregnant women in accordance with the
medical conclusion, or they are moved to easier job excluding the impact of
unfavorable industrial factors.
2. If women with children under the age of 1,5, along
with conducting labor function, face difficulties regarding the breast-feeding,
then upon the woman's application; an employer must transfer her to the easier
job or provide with necessary conditions for breast-feeding until the child is
1,5 years old.
3. When a woman is moved to an easier job in cases
determined by the present Article, they keep the average salary of the main
position.
4. It is prohibited to reduce a woman's salary for the
reason of her pregnancy or feeding a child.
Article 244. Breaks for feeding a child
1. During the
working time women with children under the age of 1,5 are given additional
breaks for feeding a child, in addition to general break for rest and meals.
Each of such breaks is given not less rarely than every 3 hours with duration not shorter than 30
minutes. If a woman has 2 or more children under the age of 1,5, duration of
each break is not shorter than an hour.
2. Breaks for feeding a child are included in the
working time with reservation of average salary.
3. Upon a woman's request, the breaks for feeding a
child can be summarized and added to the break for lunch and rest, as well as to be used at the beginning
or end of the working time (shift). If by summarizing the breaks for feeding a
child, the woman wants to use them at the end of the working time, her working
day is reduced for the period of the duration of these breaks.
Article 245. Cases of setting a part-time
working day for women and reservation of the salary during the medical
examination
1. Upon a request of pregnant women, women with a
child under the age of 14 or a disabled child and women, taking care of a sick
family member (on the basis of medical certificate), an employer must set a
part-time working day or a part-time working week, paying the salary
proportionally to spent time. In this case the duration of the woman's daily
and weekly working time is set by the agreement of the parties.
2. Average salary is reserved for the pregnant women
and women with children under the age of 3 for the days of dispensary and
outpatient examination, medical consultations in medical facilities both for
her and her child. The employer must create necessary conditions for pregnant
women to pass such examinations.
Article 246. Guarantees to employees,
upbringing children without mother
All guarantees on the rights, determined in this
chapter of the Code for women with minors, are applied to fathers, guardians,
custodians, upbringing the children without mother for certain reasons
(mother's death, her deprivation of parental rights, her long-term stay in
medical and detention facilities).
Article 251. Jobs, restricting the lift of
load for employees under the age of 18
2. Jobs (services) on lifting and carrying the load
manually can be included into the labor function of employees under the age of
16 to 18, only if the total weight of load is within the following norms:
b) along with conducting the other work, women are not
allowed to lift and carry manually the objects, exceeding 10 kg by total
weight, as well as lifting the objects exceeding 5 kg by total weight to the
height more than 1,5m.
4. It is
prohibited to involve girls under 16 in lifting and carrying the load during
the whole working day.
AGIC promotes creating the history of civil society and those initiations by studying womanవblic activity in the end of XIX - the beginning of XX centuries. The collection of the visual evidences and oral reminiscences allows not only to recalled the events, become utterly absorbed in the atmosphere that reigned at that time but also to comprehend, understand how and what efforts were demanded for establishing of Caucasus womenghts. The information collected here will serve also as a supporting material for teachers, historians and researchers working in the sphere of womand gender problems. They will get an opportunity of using these unique documents as historical references, visual and oral evidences.
In Azerbaijan by initiative of the President Ilham Aliev in accordance with Presidential Decree dated by 6 of February 2006 State Committee on Family, Women and Children issues has been established. Chairwoman of the Committee is Mrs. Khidjran Guseynova. She is the professor of the Baku State University and the first woman- the doctor of political sciences in Azerbaijan