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When can an employer reject a pregnant job applicant?
When can an employer reject a pregnant job applicant?
In recent years, obstacles have been observed in the employment of women who are pregnant or have young children. Some employers refuse to sign contracts with these women, believing that their productive work rate would be lower. But what does the law require in such cases? Under what circumstances can employers take this step?
Expert Nüsrət Xəlilov answers questions related to the issue.
According to Article 240, Paragraph 1 of the Labor Code, it is not permissible to refuse to sign an employment contract with a woman solely because she is pregnant or has a child under the age of three. This rule does not apply to cases where the employer does not have the relevant job position (vacancy) or in situations where, according to Paragraph 1 of Article 211 of the Labor Code, refusal to employ is prescribed.
If an employer refuses to sign an employment contract with a pregnant woman or a woman with a child under three, the woman has the right to request a written explanation from the employer regarding the reasons for the refusal. If the reasons for the refusal to sign the employment contract are deemed unjust, the woman can appeal to the court for the protection of her rights.
The Labor Code specifies two cases where an employer may refuse to sign an employment contract with a pregnant woman or a woman with a child under the age of three:
- If the employer does not have the relevant job position (vacancy);
- If the employer is refusing to employ based on the situations listed in Paragraphs 5 and 6 of Paragraph 1 of Article 211 of the Labor Code.
- The jobs referred to in Paragraphs 5 and 6 of Paragraph 1 of Article 211 of the Labor Code include:
- Dangerous and harmful work conditions prohibited for women with a pregnancy or children under one year of age, including hazardous industries, occupations (positions), and underground work;
- Workplaces where contact with harmful production factors is prohibited for women with a pregnancy or children under one year of age.
The Cabinet of Ministers of the Republic of Azerbaijan, by its decision No. 172 dated May 31, 2023, approved the regulations for the implementation of the lists of "industries, occupations (positions), and underground works prohibited for women with a pregnancy or children under one year of age," and "harmful production factors prohibited for pregnant women or women with a child under one year of age."
If a woman with a pregnancy or a child under one year of age is working in specified industries, positions (occupations), underground works, or workplaces with harmful production factors, once the woman's physiological condition related to pregnancy and the fact that her child is under one year old are no longer applicable, the employer must provide for her to be transferred to a lighter job, with her average salary maintained according to Article 243 of the Labor Code of the Republic of Azerbaijan. In such cases, the woman must present a medical certificate confirming her pregnancy or the child’s birth certificate to the employer.
In recent years, obstacles have been observed in the employment of women who are pregnant or have young children. Some employers refuse to sign contracts with these women, believing that their productive work rate would be lower. But what does the law require in such cases? Under what circumstances can employers take this step?
Expert Nüsrət Xəlilov answers questions related to the issue.
According to Article 240, Paragraph 1 of the Labor Code, it is not permissible to refuse to sign an employment contract with a woman solely because she is pregnant or has a child under the age of three. This rule does not apply to cases where the employer does not have the relevant job position (vacancy) or in situations where, according to Paragraph 1 of Article 211 of the Labor Code, refusal to employ is prescribed.
If an employer refuses to sign an employment contract with a pregnant woman or a woman with a child under three, the woman has the right to request a written explanation from the employer regarding the reasons for the refusal. If the reasons for the refusal to sign the employment contract are deemed unjust, the woman can appeal to the court for the protection of her rights.
The Labor Code specifies two cases where an employer may refuse to sign an employment contract with a pregnant woman or a woman with a child under the age of three:
- If the employer does not have the relevant job position (vacancy);
- If the employer is refusing to employ based on the situations listed in Paragraphs 5 and 6 of Paragraph 1 of Article 211 of the Labor Code.
- The jobs referred to in Paragraphs 5 and 6 of Paragraph 1 of Article 211 of the Labor Code include:
- Dangerous and harmful work conditions prohibited for women with a pregnancy or children under one year of age, including hazardous industries, occupations (positions), and underground work;
- Workplaces where contact with harmful production factors is prohibited for women with a pregnancy or children under one year of age.
The Cabinet of Ministers of the Republic of Azerbaijan, by its decision No. 172 dated May 31, 2023, approved the regulations for the implementation of the lists of "industries, occupations (positions), and underground works prohibited for women with a pregnancy or children under one year of age," and "harmful production factors prohibited for pregnant women or women with a child under one year of age."
If a woman with a pregnancy or a child under one year of age is working in specified industries, positions (occupations), underground works, or workplaces with harmful production factors, once the woman's physiological condition related to pregnancy and the fact that her child is under one year old are no longer applicable, the employer must provide for her to be transferred to a lighter job, with her average salary maintained according to Article 243 of the Labor Code of the Republic of Azerbaijan. In such cases, the woman must present a medical certificate confirming her pregnancy or the child’s birth certificate to the employer.