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What aspects related to disability should an employer take into account?
What aspects related to disability should an employer take into account?
Recording information on disability in the EMAS subsystem is considered an advantage of the software, as it has helped eliminate some of the problems employers faced. But why does an employer need information about an employee’s disability? What aspects should be taken into consideration in this regard?
These questions are clarified by economic expert Anar Bayramov.
The registration of information about an employee’s disability was not received unambiguously by some of our colleagues. For this reason, there were cases when information on disability was not provided in the EMAS subsystem for a certain period. At present, the following data on an employee’s disability are reflected in the system:
- The employee’s disability group;
- The opinion of the State Medical-Social Expertise and Rehabilitation Agency (SMERA);
- The diagnosis.
For reference, it should be noted that as a result of amendments to the Law “On the Rights of Persons with Disabilities,” compared to the previous definition, a 30–60% loss of bodily functions is considered Group III, 60–80% loss is Group II, and 80–100% loss is Group I disability.
The employer should pay special attention to SMERA’s opinion. In practice, we often see cases where an employee, upon being assessed with a disability, is deemed completely incapable of work. In such cases, the employer must not hire the individual. However, if the employer wants the person to work in a position involving light duties, they should apply to the Ministry of Labor and Social Protection of Population with a description of the tasks of that position in order to obtain an opinion. If the state body authorizes the employee with a disability to work in that position, then the employment can be formalized.
What other aspects related to disability should an employer consider?
One of the issues encountered in practice was that the employer often did not have information about the disability of an employee hired. In some cases, employees concealed their disability so as not to negatively influence the employer’s decision. Later, during individual labor disputes, such employees complained to a state authority, claiming that their labor rights were violated despite their disability. The employer, on the other hand, argued that since the employee had not provided information about their disability, they were treated in the same way as other employees.
The provision of disability information in the EMAS subsystem will help eliminate such disputes. The Labor Code includes requirements related to working time, vacation, workplace, and other conditions of employment. Therefore, when hiring an employee with a disability, the employer must pay attention to the following key points:
- Creating a workplace and working conditions that meet the standards established for persons with disabilities in accordance with the Law “On the Rights of Persons with Disabilities” (Labor Code: Article 54);
- Where qualifications (professions) or professional levels are equal, priority in employment should be given to persons with disabilities resulting from an occupational accident or disease (Labor Code: Article 78);
- Except in cases of liquidation of the enterprise, regardless of duration, the employer may not terminate the employment contract with a person undergoing treatment in a rehabilitation institution or similar entity, as well as with an employee referred to in Article 24.1 of the Law “On the Rights of Persons with Disabilities” (Labor Code: Article 79);
- Reduced working time must not exceed 24 hours per week for employees under 16, and 36 hours for employees aged 16–18, for employees with disabilities involving 61–100% impairment of bodily functions, for pregnant women, mothers with a child under 18 months, and parents raising a child under 3 years of age alone (Labor Code: Article 91);
- Employees with disabilities may be engaged in night work only with their written consent and subject to the opinion of the body designated by the relevant executive authority (Labor Code: Article 98);
- Regardless of the percentage, cause, or duration of functional impairment, employees with disabilities must be granted annual leave of not less than 42 calendar days (Labor Code: Article 119).
It should also be noted that by Resolution No. 380 of September 3, 2019, the Cabinet of Ministers approved the “Standards for Workplaces of Persons with Disabilities.” These standards were prepared in accordance with Article 23.2 of the Law “On the Rights of Persons with Disabilities” and apply to all enterprises, institutions, and organizations operating within the territory of the Republic of Azerbaijan, regardless of subordination, ownership type, or organizational-legal form.
Recording information on disability in the EMAS subsystem is considered an advantage of the software, as it has helped eliminate some of the problems employers faced. But why does an employer need information about an employee’s disability? What aspects should be taken into consideration in this regard?
These questions are clarified by economic expert Anar Bayramov.
The registration of information about an employee’s disability was not received unambiguously by some of our colleagues. For this reason, there were cases when information on disability was not provided in the EMAS subsystem for a certain period. At present, the following data on an employee’s disability are reflected in the system:
- The employee’s disability group;
- The opinion of the State Medical-Social Expertise and Rehabilitation Agency (SMERA);
- The diagnosis.
For reference, it should be noted that as a result of amendments to the Law “On the Rights of Persons with Disabilities,” compared to the previous definition, a 30–60% loss of bodily functions is considered Group III, 60–80% loss is Group II, and 80–100% loss is Group I disability.
The employer should pay special attention to SMERA’s opinion. In practice, we often see cases where an employee, upon being assessed with a disability, is deemed completely incapable of work. In such cases, the employer must not hire the individual. However, if the employer wants the person to work in a position involving light duties, they should apply to the Ministry of Labor and Social Protection of Population with a description of the tasks of that position in order to obtain an opinion. If the state body authorizes the employee with a disability to work in that position, then the employment can be formalized.
What other aspects related to disability should an employer consider?
One of the issues encountered in practice was that the employer often did not have information about the disability of an employee hired. In some cases, employees concealed their disability so as not to negatively influence the employer’s decision. Later, during individual labor disputes, such employees complained to a state authority, claiming that their labor rights were violated despite their disability. The employer, on the other hand, argued that since the employee had not provided information about their disability, they were treated in the same way as other employees.
The provision of disability information in the EMAS subsystem will help eliminate such disputes. The Labor Code includes requirements related to working time, vacation, workplace, and other conditions of employment. Therefore, when hiring an employee with a disability, the employer must pay attention to the following key points:
- Creating a workplace and working conditions that meet the standards established for persons with disabilities in accordance with the Law “On the Rights of Persons with Disabilities” (Labor Code: Article 54);
- Where qualifications (professions) or professional levels are equal, priority in employment should be given to persons with disabilities resulting from an occupational accident or disease (Labor Code: Article 78);
- Except in cases of liquidation of the enterprise, regardless of duration, the employer may not terminate the employment contract with a person undergoing treatment in a rehabilitation institution or similar entity, as well as with an employee referred to in Article 24.1 of the Law “On the Rights of Persons with Disabilities” (Labor Code: Article 79);
- Reduced working time must not exceed 24 hours per week for employees under 16, and 36 hours for employees aged 16–18, for employees with disabilities involving 61–100% impairment of bodily functions, for pregnant women, mothers with a child under 18 months, and parents raising a child under 3 years of age alone (Labor Code: Article 91);
- Employees with disabilities may be engaged in night work only with their written consent and subject to the opinion of the body designated by the relevant executive authority (Labor Code: Article 98);
- Regardless of the percentage, cause, or duration of functional impairment, employees with disabilities must be granted annual leave of not less than 42 calendar days (Labor Code: Article 119).
It should also be noted that by Resolution No. 380 of September 3, 2019, the Cabinet of Ministers approved the “Standards for Workplaces of Persons with Disabilities.” These standards were prepared in accordance with Article 23.2 of the Law “On the Rights of Persons with Disabilities” and apply to all enterprises, institutions, and organizations operating within the territory of the Republic of Azerbaijan, regardless of subordination, ownership type, or organizational-legal form.