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Who are employees with family responsibilities and what rights are granted to them?
Who are employees with family responsibilities and what rights are granted to them?
In 2010, the Republic of Azerbaijan joined the International Labour Organization Convention No. 156 on Equal Opportunities and Equal Treatment for Men and Women Workers with Family Responsibilities. According to Article 1 of the Convention, the document applies to male and female workers with family responsibilities towards dependent children. If these responsibilities limit their opportunities to prepare for, enter, participate in, or advance in economic activity, they may benefit from the relevant rights. The topic is explained by expert Anar Bayramov.
According to the second paragraph of Article 1, the provisions of the Convention also apply to workers with family responsibilities towards other close family members who genuinely require care or assistance, if such responsibilities limit their opportunities in economic activity.
Taking these provisions into account, the concept of “an employee with family responsibilities” is defined in the Labor Code of the Republic of Azerbaijan as follows:
An employee with family responsibilities is an employee whose opportunities to start employment, perform their labor functions, or advance in their career are limited due to providing care or assistance to a family member who requires care or help based on a medical opinion (spouse, parents, adoptive parents, children, including adopted children), other persons under their guardianship, or a child placed with them as a foster family (parent).
According to the article, the following conditions must exist:
First condition:
The existence of a family member who requires care or assistance must be confirmed by a medical opinion.
Second condition:
The employee must provide care or assistance to the following persons:
family members (spouse, parents, adoptive parents, children, including adopted children);
other persons under their guardianship;
a child placed with them as a foster family (parent).
Employees providing care or assistance to these individuals are considered employees with family responsibilities.
According to the mentioned ILO Convention, the difference between such employees and other employees is that certain objective limitations may arise in the performance of their duties or in their promotion at work.
Example 1: According to a medical opinion, the employee’s father suffers from Alzheimer’s disease. For this reason, the employer may have doubts about appointing the employee, who works as a specialist, to the position of department head.
Example 2: An employer applies part-time working hours to one of two employees working as accountants because of family responsibilities. Even though both employees receive the same salary, applying part-time work to the employee with family responsibilities is not considered discrimination.
Example 3: When implementing a shift work regime, one employee provides documentation that their child has cerebral palsy. In this case, if possible, the employer should arrange for the employee to work in other shifts rather than night shifts.
In 2010, the Republic of Azerbaijan joined the International Labour Organization Convention No. 156 on Equal Opportunities and Equal Treatment for Men and Women Workers with Family Responsibilities. According to Article 1 of the Convention, the document applies to male and female workers with family responsibilities towards dependent children. If these responsibilities limit their opportunities to prepare for, enter, participate in, or advance in economic activity, they may benefit from the relevant rights. The topic is explained by expert Anar Bayramov.
According to the second paragraph of Article 1, the provisions of the Convention also apply to workers with family responsibilities towards other close family members who genuinely require care or assistance, if such responsibilities limit their opportunities in economic activity.
Taking these provisions into account, the concept of “an employee with family responsibilities” is defined in the Labor Code of the Republic of Azerbaijan as follows:
An employee with family responsibilities is an employee whose opportunities to start employment, perform their labor functions, or advance in their career are limited due to providing care or assistance to a family member who requires care or help based on a medical opinion (spouse, parents, adoptive parents, children, including adopted children), other persons under their guardianship, or a child placed with them as a foster family (parent).
According to the article, the following conditions must exist:
First condition:
The existence of a family member who requires care or assistance must be confirmed by a medical opinion.
Second condition:
The employee must provide care or assistance to the following persons:
family members (spouse, parents, adoptive parents, children, including adopted children);
other persons under their guardianship;
a child placed with them as a foster family (parent).
Employees providing care or assistance to these individuals are considered employees with family responsibilities.
According to the mentioned ILO Convention, the difference between such employees and other employees is that certain objective limitations may arise in the performance of their duties or in their promotion at work.
Example 1: According to a medical opinion, the employee’s father suffers from Alzheimer’s disease. For this reason, the employer may have doubts about appointing the employee, who works as a specialist, to the position of department head.
Example 2: An employer applies part-time working hours to one of two employees working as accountants because of family responsibilities. Even though both employees receive the same salary, applying part-time work to the employee with family responsibilities is not considered discrimination.
Example 3: When implementing a shift work regime, one employee provides documentation that their child has cerebral palsy. In this case, if possible, the employer should arrange for the employee to work in other shifts rather than night shifts.