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Labor rights of single parents raising children
Labor rights of single parents raising children
The Labor Code of the Republic of Azerbaijan sets the minimum standards for the labor rights of individuals and the procedures for ensuring the exercise of those rights. But what provisions are in place for parents raising children on their own? Expert Nusrat Khalilov sheds light on this issue.
Certain articles of the Labor Code provide additional benefits and rights for single parents. According to Article 51 of the Code, an employment contract may be concluded with a probationary period in order to assess the professional skills and ability of the employee to perform the relevant work function. However, when entering into an employment contract with a pregnant woman, a woman with a child under the age of three, or a man who is raising a child under the age of three on his own, a probationary period may not be established. In such cases, the parent must submit documents to the employer proving that they are raising the child alone.
According to Article 65 of the Labor Code, professional evaluations (attestation) may be conducted to determine whether an employee is qualified for the position or profession, with the exception of those employees specified in Article 66. However, women who are on social leave for childcare for a child under three and have worked less than one year in the relevant position after returning from leave, as well as men who are raising a child under the age of three on their own, cannot be subjected to attestation.
Article 79 of the Labor Code outlines the categories of employees and circumstances in which termination of an employment contract is prohibited. Under this article, the employer may not terminate the employment contract of pregnant women, women with children under the age of three, or men who are raising children under the age of three on their own.
According to Article 91 of the Labor Code, shortened working hours may be established for certain categories of employees based on their age, health, working conditions, the nature of the work function, and other factors, as specified by the Code, relevant legal regulations, employment contracts, or collective agreements. The reduced working hours must not exceed 24 hours per week for employees under the age of 16, and 36 hours per week for employees aged 16 to 18, employees with disabilities resulting in 61–100% loss of body functions, pregnant women, women with a child under one and a half years old, and single parents raising a child under the age of three.
Article 98 of the Labor Code defines the categories of employees who cannot be required to work night shifts. According to this article, pregnant women, women with children under the age of 14, women with children with disabilities (considering Article 242 of the Code), and men who are raising a child under the age of three on their own may be assigned to night work only with their written consent.
Article 117 of the Labor Code also provides additional leave for women with children. Regardless of the duration of their regular and additional leave, women with two children under the age of 14 are granted two additional calendar days, and women with three or more children of that age or with a child with disabilities are granted five additional calendar days. Fathers raising children on their own, as well as individuals who have adopted children, are also entitled to benefit from this additional leave.
According to Article 133 of the Labor Code, in order to regulate the normal course of production and work and to ensure proper tracking of leave, annual leave schedules may be prepared by the end of January each year. A parent or guardian who is raising a child under the age of 16 alone may, at their request, be granted annual leave at a time that is convenient for them.
The Labor Code of the Republic of Azerbaijan sets the minimum standards for the labor rights of individuals and the procedures for ensuring the exercise of those rights. But what provisions are in place for parents raising children on their own? Expert Nusrat Khalilov sheds light on this issue.
Certain articles of the Labor Code provide additional benefits and rights for single parents. According to Article 51 of the Code, an employment contract may be concluded with a probationary period in order to assess the professional skills and ability of the employee to perform the relevant work function. However, when entering into an employment contract with a pregnant woman, a woman with a child under the age of three, or a man who is raising a child under the age of three on his own, a probationary period may not be established. In such cases, the parent must submit documents to the employer proving that they are raising the child alone.
According to Article 65 of the Labor Code, professional evaluations (attestation) may be conducted to determine whether an employee is qualified for the position or profession, with the exception of those employees specified in Article 66. However, women who are on social leave for childcare for a child under three and have worked less than one year in the relevant position after returning from leave, as well as men who are raising a child under the age of three on their own, cannot be subjected to attestation.
Article 79 of the Labor Code outlines the categories of employees and circumstances in which termination of an employment contract is prohibited. Under this article, the employer may not terminate the employment contract of pregnant women, women with children under the age of three, or men who are raising children under the age of three on their own.
According to Article 91 of the Labor Code, shortened working hours may be established for certain categories of employees based on their age, health, working conditions, the nature of the work function, and other factors, as specified by the Code, relevant legal regulations, employment contracts, or collective agreements. The reduced working hours must not exceed 24 hours per week for employees under the age of 16, and 36 hours per week for employees aged 16 to 18, employees with disabilities resulting in 61–100% loss of body functions, pregnant women, women with a child under one and a half years old, and single parents raising a child under the age of three.
Article 98 of the Labor Code defines the categories of employees who cannot be required to work night shifts. According to this article, pregnant women, women with children under the age of 14, women with children with disabilities (considering Article 242 of the Code), and men who are raising a child under the age of three on their own may be assigned to night work only with their written consent.
Article 117 of the Labor Code also provides additional leave for women with children. Regardless of the duration of their regular and additional leave, women with two children under the age of 14 are granted two additional calendar days, and women with three or more children of that age or with a child with disabilities are granted five additional calendar days. Fathers raising children on their own, as well as individuals who have adopted children, are also entitled to benefit from this additional leave.
According to Article 133 of the Labor Code, in order to regulate the normal course of production and work and to ensure proper tracking of leave, annual leave schedules may be prepared by the end of January each year. A parent or guardian who is raising a child under the age of 16 alone may, at their request, be granted annual leave at a time that is convenient for them.