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Who cannot be employed in night work?
Who cannot be employed in night work?
Article 98 of the Labour Code defines the categories of workers who are not permitted to be employed in night work. This legal requirement is explained by expert Nusrat Khalilov:
According to Article 97 of the Labour Code, the period from 10:00 PM to 6:00 AM is considered night time for individuals over the age of 18. Article 254 states that for workers under the age of 18, the period from 8:00 PM to 7:00 AM is considered night time. In accordance with Article 98, workers under the age of 18 are not allowed to be employed in night work. Workers with disabilities may be involved in night work only with their written consent and taking into account the opinion of the relevant authority designated by the executive power.
A new clause (Part 3) has been added to Article 98 of the Labour Code under Law No. 1063-VIQD of the Republic of Azerbaijan dated December 22, 2023. According to this amendment, pregnant women, women with children under the age of 14, women with children with disabilities (in accordance with Article 242 of the Code), and men who are single parents of children under the age of 3, may be employed in night work only with their written consent.
Article 242 of the Labour Code regulates the involvement of women in night work, overtime, and work on rest days, as well as restrictions on business trips. Initially, this article stated:
1. Pregnant women and women with children under the age of 3 may not be assigned to night work, overtime work, or work on rest days, public holidays, and other non-working days, nor may they be sent on business trips.
2. Women with children between the ages of 3 and 14, and those with children under the age of 18 who have disabilities, may only be assigned to overtime work, work on rest days and holidays, or sent on business trips with their consent.
Under the new wording of Article 242 introduced by the Law dated December 22, 2023, No. 1063-VIQD:
"Pregnant women, women with children under the age of 14, and women with children who have disabilities may be assigned to night work, overtime work, work on rest days and public holidays, or sent on business trips only with their written consent. For pregnant women and those with children under the age of 3, a doctor’s opinion is also required confirming that there is no threat to the life or health of the child."
This provision also applies to women who have adopted children under the age of 14 or children with disabilities.
As can be seen, prior to the amendment, along with workers under the age of 18, pregnant women and women with children under the age of 3 were not allowed to work at night. After the amendment, only workers under 18 remain absolutely prohibited from night work. Pregnant women and women with children under the age of 3 may now be employed in night work if they provide written consent and there is a doctor’s opinion indicating that such work poses no risk to the child’s life or health.
Article 98 of the Labour Code defines the categories of workers who are not permitted to be employed in night work. This legal requirement is explained by expert Nusrat Khalilov:
According to Article 97 of the Labour Code, the period from 10:00 PM to 6:00 AM is considered night time for individuals over the age of 18. Article 254 states that for workers under the age of 18, the period from 8:00 PM to 7:00 AM is considered night time. In accordance with Article 98, workers under the age of 18 are not allowed to be employed in night work. Workers with disabilities may be involved in night work only with their written consent and taking into account the opinion of the relevant authority designated by the executive power.
A new clause (Part 3) has been added to Article 98 of the Labour Code under Law No. 1063-VIQD of the Republic of Azerbaijan dated December 22, 2023. According to this amendment, pregnant women, women with children under the age of 14, women with children with disabilities (in accordance with Article 242 of the Code), and men who are single parents of children under the age of 3, may be employed in night work only with their written consent.
Article 242 of the Labour Code regulates the involvement of women in night work, overtime, and work on rest days, as well as restrictions on business trips. Initially, this article stated:
1. Pregnant women and women with children under the age of 3 may not be assigned to night work, overtime work, or work on rest days, public holidays, and other non-working days, nor may they be sent on business trips.
2. Women with children between the ages of 3 and 14, and those with children under the age of 18 who have disabilities, may only be assigned to overtime work, work on rest days and holidays, or sent on business trips with their consent.
Under the new wording of Article 242 introduced by the Law dated December 22, 2023, No. 1063-VIQD:
"Pregnant women, women with children under the age of 14, and women with children who have disabilities may be assigned to night work, overtime work, work on rest days and public holidays, or sent on business trips only with their written consent. For pregnant women and those with children under the age of 3, a doctor’s opinion is also required confirming that there is no threat to the life or health of the child."
This provision also applies to women who have adopted children under the age of 14 or children with disabilities.
As can be seen, prior to the amendment, along with workers under the age of 18, pregnant women and women with children under the age of 3 were not allowed to work at night. After the amendment, only workers under 18 remain absolutely prohibited from night work. Pregnant women and women with children under the age of 3 may now be employed in night work if they provide written consent and there is a doctor’s opinion indicating that such work poses no risk to the child’s life or health.