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Liability of legal entities and individuals engaging in discrimination among employees
Liability of legal entities and individuals engaging in discrimination among employees
According to Article 16 of the Labour Code of the Republic of Azerbaijan, in labour relations, any discrimination among employees on the basis of citizenship, gender, race, religion, nationality, language, place of residence, property status, social origin, age, marital status, beliefs, political views, membership in trade unions or other public associations, service position, as well as other factors unrelated to the employee’s professional qualities, competence, and work results, is strictly prohibited. It is also prohibited to grant direct or indirect privileges and concessions or to impose restrictions on rights on the basis of such factors.
Labour law specialist Kamala Yusifova comments on this legal requirement.
With the exception of certain occupations and positions where the employment of persons living with the human immunodeficiency virus (HIV) is not allowed, it is prohibited to refuse to hire, to promote, or to dismiss them on the grounds of their HIV status. If the employer has information about an employee’s HIV status, this information must not be disclosed.
It is impermissible to refuse to conclude an employment contract or to terminate an employment contract on the grounds that a person has multiple sclerosis, except in cases where the employer does not have a suitable job (position) or where the employment of such persons is not permitted in certain workplaces.
Except in cases where a person’s disability prevents them from performing their professional duties or poses a risk to the health and occupational safety of others, it is prohibited to refuse to conclude an employment contract, to refuse promotion, to terminate the contract, or to transfer them to another job (profession, position) without their consent on the grounds of disability.
In the course of labour relations, an employer or any other natural person who engages in discrimination among employees bears liability in accordance with the law.
According to Article 205-1.1 of the Code of Administrative Offences, violation of legislation on the rights of persons with disabilities, namely:
- allowing any discrimination in labour relations on the grounds of disability, or restricting the labour rights of persons with disabilities compared to other employees in collective or employment contracts;
- except in cases where the person’s health prevents them from fulfilling their professional duties or endangers the health and occupational safety of others, refusing to conclude an employment contract, to promote, to terminate an employment contract, or to transfer them to another job without their consent on the grounds of disability;
- except in cases of liquidation of the enterprise, terminating an employment contract with a person with disabilities undergoing treatment in a rehabilitation institution or other rehabilitation entity;
- except in cases of liquidation of the enterprise, terminating an employment contract with an employee who lost working capacity or contracted an occupational disease as a result of a workplace accident, and was subsequently recognised as disabled;
- failure by state bodies and state-owned legal entities to ensure the implementation of an Individual Rehabilitation Programme developed for the medical, vocational, labour, psychological-pedagogical rehabilitation and development of social skills of persons with disabilities;
- employers failing to allocate or create new jobs for employees who became disabled as a result of workplace accidents or occupational diseases, in accordance with their wishes and the Individual Rehabilitation Programme approved under Article 11 of the Law of the Republic of Azerbaijan “On the Rights of Persons with Disabilities”;
— shall be subject to a fine ranging from 300 to 500 manats.
According to Article 205-1.2 of the Code of Administrative Offences, failure by culpable legal entities, natural persons, or state bodies to cover the costs of adapting the private houses of persons recognised as disabled due to workplace accidents and occupational diseases to their needs, shall be subject to a fine ranging from 500 to 1,000 manats.
The granting of benefits, privileges, and additional guarantees in labour relations to women, persons with disabilities, persons under the age of 18, other socially vulnerable individuals, as well as specialists working in the territories of the Republic of Azerbaijan liberated from occupation, is not considered discrimination.
An employee subjected to discrimination may apply to the court with a request for the restoration of their violated rights.
According to Article 16 of the Labour Code of the Republic of Azerbaijan, in labour relations, any discrimination among employees on the basis of citizenship, gender, race, religion, nationality, language, place of residence, property status, social origin, age, marital status, beliefs, political views, membership in trade unions or other public associations, service position, as well as other factors unrelated to the employee’s professional qualities, competence, and work results, is strictly prohibited. It is also prohibited to grant direct or indirect privileges and concessions or to impose restrictions on rights on the basis of such factors.
Labour law specialist Kamala Yusifova comments on this legal requirement.
With the exception of certain occupations and positions where the employment of persons living with the human immunodeficiency virus (HIV) is not allowed, it is prohibited to refuse to hire, to promote, or to dismiss them on the grounds of their HIV status. If the employer has information about an employee’s HIV status, this information must not be disclosed.
It is impermissible to refuse to conclude an employment contract or to terminate an employment contract on the grounds that a person has multiple sclerosis, except in cases where the employer does not have a suitable job (position) or where the employment of such persons is not permitted in certain workplaces.
Except in cases where a person’s disability prevents them from performing their professional duties or poses a risk to the health and occupational safety of others, it is prohibited to refuse to conclude an employment contract, to refuse promotion, to terminate the contract, or to transfer them to another job (profession, position) without their consent on the grounds of disability.
In the course of labour relations, an employer or any other natural person who engages in discrimination among employees bears liability in accordance with the law.
According to Article 205-1.1 of the Code of Administrative Offences, violation of legislation on the rights of persons with disabilities, namely:
- allowing any discrimination in labour relations on the grounds of disability, or restricting the labour rights of persons with disabilities compared to other employees in collective or employment contracts;
- except in cases where the person’s health prevents them from fulfilling their professional duties or endangers the health and occupational safety of others, refusing to conclude an employment contract, to promote, to terminate an employment contract, or to transfer them to another job without their consent on the grounds of disability;
- except in cases of liquidation of the enterprise, terminating an employment contract with a person with disabilities undergoing treatment in a rehabilitation institution or other rehabilitation entity;
- except in cases of liquidation of the enterprise, terminating an employment contract with an employee who lost working capacity or contracted an occupational disease as a result of a workplace accident, and was subsequently recognised as disabled;
- failure by state bodies and state-owned legal entities to ensure the implementation of an Individual Rehabilitation Programme developed for the medical, vocational, labour, psychological-pedagogical rehabilitation and development of social skills of persons with disabilities;
- employers failing to allocate or create new jobs for employees who became disabled as a result of workplace accidents or occupational diseases, in accordance with their wishes and the Individual Rehabilitation Programme approved under Article 11 of the Law of the Republic of Azerbaijan “On the Rights of Persons with Disabilities”;
— shall be subject to a fine ranging from 300 to 500 manats.
According to Article 205-1.2 of the Code of Administrative Offences, failure by culpable legal entities, natural persons, or state bodies to cover the costs of adapting the private houses of persons recognised as disabled due to workplace accidents and occupational diseases to their needs, shall be subject to a fine ranging from 500 to 1,000 manats.
The granting of benefits, privileges, and additional guarantees in labour relations to women, persons with disabilities, persons under the age of 18, other socially vulnerable individuals, as well as specialists working in the territories of the Republic of Azerbaijan liberated from occupation, is not considered discrimination.
An employee subjected to discrimination may apply to the court with a request for the restoration of their violated rights.