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Regulation of labor relations of persons with disabilities
Regulation of labor relations of persons with disabilities
In accordance with Article 94, Part I, Clause 1 of the Constitution of the Republic of Azerbaijan, the foundations of state policy towards persons with disabilities and the responsibilities of the state in the field of protection of their rights are determined, the risks that cause disability, the elimination of all forms of discrimination on the basis of disability, the rehabilitation of persons with disabilities, the creation of conditions for their full participation in the life of society and social integration, their active involvement in the decision-making process on strategies and programs related to them, the full and equal exercise of the rights and freedoms of persons with disabilities, and the regulation of relations arising in the field of protection of their honor and dignity are regulated.
Disability is the presence of stable physical, mental, intellectual or sensory impairments that prevent a person from fully and effectively participating in society on an equal basis with other persons when faced with various obstacles. Disability is determined for 1 year, 2 years, 5 years and indefinitely.
Percentages of organ dysfunction:
- in case of III degree limitation of any or several categories of human life activity resulting from illness, injury and deficiencies – 31-60 percent;
- in case of II degree limitation of any or several categories of human life activity resulting from illness, injury and deficiencies – 61-80 percent;
- in case of I degree limitation of any or several categories of human life activity resulting from illness, injury and deficiencies – 81-100 percent;
According to Article 12 of the Labor Code, one of the main duties of the employer is to ensure that persons with disabilities engage in labor activities on an equal basis with other persons in accordance with the Law of the Republic of Azerbaijan “On the Rights of Persons with Disabilities”.
In accordance with the requirements of the Code, persons with a disability are included in the list of non-certified employees. They are also subject to prohibitions on termination of the employment contract. Except in cases of liquidation of the enterprise, regardless of the duration, the employer shall not be allowed to terminate the employment contract concluded with persons with disabilities undergoing treatment in a rehabilitation institution and other rehabilitation subjects, as well as with an employee specified in Article 24.1 of the Law of the Republic of Azerbaijan “On the Rights of Persons with Disabilities”.
According to Article 91 of the Labor Code, the duration of shortened working hours shall not exceed 36 hours for employees whose disability is determined due to 61-100 percent impairment of body functions during the week.
Article 98 of the Code states that employees with disabilities may be involved in night work only with their written consent and taking into account the opinion of the body (institution) determined by the relevant executive authority.
Employees with disabilities who work, regardless of the percentage, reason and duration of impairment of body functions, shall be granted a leave of no less than 42 calendar days. Unpaid leave granted at the request of employees may be granted to employees with disabilities, regardless of the percentage and cause of the impairment of body functions, for up to one calendar month.
According to Article 131 of the Labor Code, disabled persons have the right to use the leave for the first year of work without waiting for six months, regardless of the time of conclusion of the employment contract. Leave may be granted to disabled persons at a time convenient for them.
According to Article 102.3 of the Tax Code, the monthly taxable income from any paid work of one of the parents (including adoptive parents) (at their own request), a spouse, a guardian or a guardian who cares for and lives with a person under the age of 18 who is disabled due to a 61-100 percent impairment of body functions (except for persons with a war-related disability), a person with a war-related disability under the age of 18 who requires constant care or a person with a war-related disability of 81-100 percent impairment of body functions, is reduced by 200 manat.
Article 102.2.4 of the Code states that the monthly taxable income from paid work of persons with war-related disabilities of groups I and II is reduced by 400 manat.
Quotas for the employment of persons with disabilities were established by the Cabinet of Ministers' Resolution No. 213 dated November 22, 2005:
- In enterprises with 25 to 50 employees, 3 percent of the average annual number of employees (not less than one job); in this case, one of these jobs is intended for persons with disabilities;
- In enterprises with 50 to 100 employees, 4 percent of the average annual number of employees (including 2 percent of the average annual number of employees with disabilities);
- In enterprises with more than 100 employees, 5 percent of the average annual number of employees (including 2.5 percent of the average annual number of employees with disabilities).
In accordance with Article 94, Part I, Clause 1 of the Constitution of the Republic of Azerbaijan, the foundations of state policy towards persons with disabilities and the responsibilities of the state in the field of protection of their rights are determined, the risks that cause disability, the elimination of all forms of discrimination on the basis of disability, the rehabilitation of persons with disabilities, the creation of conditions for their full participation in the life of society and social integration, their active involvement in the decision-making process on strategies and programs related to them, the full and equal exercise of the rights and freedoms of persons with disabilities, and the regulation of relations arising in the field of protection of their honor and dignity are regulated.
Disability is the presence of stable physical, mental, intellectual or sensory impairments that prevent a person from fully and effectively participating in society on an equal basis with other persons when faced with various obstacles. Disability is determined for 1 year, 2 years, 5 years and indefinitely.
Percentages of organ dysfunction:
- in case of III degree limitation of any or several categories of human life activity resulting from illness, injury and deficiencies – 31-60 percent;
- in case of II degree limitation of any or several categories of human life activity resulting from illness, injury and deficiencies – 61-80 percent;
- in case of I degree limitation of any or several categories of human life activity resulting from illness, injury and deficiencies – 81-100 percent;
According to Article 12 of the Labor Code, one of the main duties of the employer is to ensure that persons with disabilities engage in labor activities on an equal basis with other persons in accordance with the Law of the Republic of Azerbaijan “On the Rights of Persons with Disabilities”.
In accordance with the requirements of the Code, persons with a disability are included in the list of non-certified employees. They are also subject to prohibitions on termination of the employment contract. Except in cases of liquidation of the enterprise, regardless of the duration, the employer shall not be allowed to terminate the employment contract concluded with persons with disabilities undergoing treatment in a rehabilitation institution and other rehabilitation subjects, as well as with an employee specified in Article 24.1 of the Law of the Republic of Azerbaijan “On the Rights of Persons with Disabilities”.
According to Article 91 of the Labor Code, the duration of shortened working hours shall not exceed 36 hours for employees whose disability is determined due to 61-100 percent impairment of body functions during the week.
Article 98 of the Code states that employees with disabilities may be involved in night work only with their written consent and taking into account the opinion of the body (institution) determined by the relevant executive authority.
Employees with disabilities who work, regardless of the percentage, reason and duration of impairment of body functions, shall be granted a leave of no less than 42 calendar days. Unpaid leave granted at the request of employees may be granted to employees with disabilities, regardless of the percentage and cause of the impairment of body functions, for up to one calendar month.
According to Article 131 of the Labor Code, disabled persons have the right to use the leave for the first year of work without waiting for six months, regardless of the time of conclusion of the employment contract. Leave may be granted to disabled persons at a time convenient for them.
According to Article 102.3 of the Tax Code, the monthly taxable income from any paid work of one of the parents (including adoptive parents) (at their own request), a spouse, a guardian or a guardian who cares for and lives with a person under the age of 18 who is disabled due to a 61-100 percent impairment of body functions (except for persons with a war-related disability), a person with a war-related disability under the age of 18 who requires constant care or a person with a war-related disability of 81-100 percent impairment of body functions, is reduced by 200 manat.
Article 102.2.4 of the Code states that the monthly taxable income from paid work of persons with war-related disabilities of groups I and II is reduced by 400 manat.
Quotas for the employment of persons with disabilities were established by the Cabinet of Ministers' Resolution No. 213 dated November 22, 2005:
- In enterprises with 25 to 50 employees, 3 percent of the average annual number of employees (not less than one job); in this case, one of these jobs is intended for persons with disabilities;
- In enterprises with 50 to 100 employees, 4 percent of the average annual number of employees (including 2 percent of the average annual number of employees with disabilities);
- In enterprises with more than 100 employees, 5 percent of the average annual number of employees (including 2.5 percent of the average annual number of employees with disabilities).