Child and job – how to combine?
This is the general case a women in the sphere of labor holds lower status rather a man. It is not because a woman is so slim, but because woman is first of a mother. Maternity gifts happiness to every women, but, alas, problems here are also inevitable. Woman is thinking about carrier and jab. Child and job - how to combine? Sometimes, it portrays a problem in modern woman's life.
Sometimes, an employer refuses to make a compromise a woman-mother and follow her rights. Many women face a problem when they are refused in filing a vacancy just because of pregnancy, or having children. Even sometimes they are forced to resign on their own will during their pregnancy, etc.
What to do in this situation? Just to benefit the rights and guarantees, which the legislation provides you!
The Labor Code of Azerbaijan envisages special guarantees with regard to pregnant women and women having children. The legislation guarantees similar rights to relatives, who implement factual care of a child - patronages.
Peculiarities of regulating labor relations of women in the Labor Code of Azerbaijan
Division Thirty Seven- Labour rights of women and Guarantees to their Implementation
Section 240. Specifics of signing of Labour contracts with women who are pregnant or have children under age of three-I
1. Refusing to sign a Labour contract with a woman who is pregnant or has a child under the age of three is prohibited by law. This procedure shall not apply to the cases on refusal from hiring when employers do not have an appropriate work (position) or possesses workplaces that do not permit to hire women and involve them in work.
2. If an employer refuses to sign a Labour contract with a woman who is pregnant or has a child under the age of three has to explain to said woman in writing the reason behind his decision. For reasons of refusal from signing Labour contract 'he lady can seek justice from a court of law in order to protect her rights.
Section 241. Jobs and work places that working of women is prohibited
1. Use of women workers in Labour intensive jobs, in hazardous workplaces, and also in under ground tunnels, mines, and other underground works is prohibited.
2. In underground works involving leadership positions that continues physical work is not needed, also in socials works, sanitation and medical services jobs, or in cases involving going down to underground and coming up without doing any physical work use of women workers is permitted.
3. Use of women workers beyond the limits specified in this Section for lifting or carrying of heavy items from one place to another is prohibited.
4. Work duties of women workers can include manual lifting and carrying of only the heavy objects which their weight is within the limits specified below:
- a) along with performing other duties, lifting by hand and carrying to another place of objects which their total weight is no more than 15 kilograms;
- b) lifting to a height of more than one and a half-metre of an object which its weight is no more than 10 kilograms;
- c) lifting by hand and carrying to another place of objects which their total weight is no more than 10 kilograms during the entire workday (work shift);
- d) carrying of objects by carts or other vehicles which their lifting would require more than 15 kilograms of power.
5. Putting women workers who are pregnant or have children under three years of age in the jobs specified in this Section is prohibited.
6. The list of hazardous and Labour intensive jobs, positions, or professions, and also underground jobs where use of women workers are prohibited are prepared by the related governors office.
Section 242. Limits to calling of women workers for night shift, overtime, and weekend jobs, or job related travel
1. Calling of women workers who are pregnant or have children under three years of age for work on night shift, on overtime, or weekend, or a holiday or on a day which is not work day, or sending them to job related travel is prohibited.
2. Calling of women workers who have children between ages of 3 and 14, or handicapped children up to age of 16 for work on night shift, on overtime, or weekend, or a holiday or on a day which is not work day, or sending them to job related travel is permitted only by their written consent.
Section 243. Putting of women workers who are pregnant or have children up to age of one and a half years on light duty
1. The production or service quotas for women who are pregnant according to medical verification shall be reduced, and they would be working in lighter works where hazardous side-effects of production are eliminated.
2. In case of women workers with children under the age of one year and a half if facing difficulties with doing her work and feeding or breast feeding her child on time, upon written request of the worker the employer has to transfer her to light duty work, or provide necessary conditions for feeding of her child until the child reaches age of one and a half.
3. While women workers are transferred to lighter duty work, their salary remains as the average salary for their main work.
4. It is unlawful to reduce wages of women workers due to their being pregnant or feeding their child.
Section 244. Breaks for feeding of a child
1. Women workers who have children under age one and a half year old shall be given breaks for feeding (breast feeding) of their children, in addition to their regular lunch and rest breaks. These additional breaks shall be at least 30 minutes and shall be given every 3 hours. If a woman worker has two or more children who are under age of one and a half years old the duration of such breaks shall be at least one hour.
2. Breaks given for feeding are considered as work, and the average salary of the worker stays the same.
3. Upon request of the lady the feeding breaks can be added up to the regular lunch or rest breaks, or they can be taken at the beginning of and/or end of workday (shift). If the lady would want to take her feeding breaks at the end of the work day, her work day shall be shortened by time equal to total of the feeding breaks.
Section 245. Cases of assigning part-time work for women, paying of her wages for the time spent for physician's examination
1. Upon request of women workers who are pregnant, or have children under age of 14, or have handicapped children under age of 16, or have to care for a sick family member, the employer has to give them part-time daily or weekly job with the pay based on their experience and seniority. In such cases both sides have to agree on the time of the workday or week.
2. The average wages of women workers who are pregnant, or have children under age of three stay the same on the days that they themselves, or their children have to be medically examined or seen by a doctor. The employer has to provide the necessary conditions for such examinations.
Division Nineteen- Social Leave
Section 125. Pregnancy, Maternal, and Child Care Leave
1. Woman shall be granted pregnancy and maternity leave of 126 days, starting seventy (70) calendar days prior to childbirth and ending fifty-six (56) calendar days after childbirth. In the event of abnormal or multiple births, women shall be granted seventy days leave after childbirth.
2. Women working in industry shall be granted the following pregnancy and maternity leave.
- a) 140 calendar days for normal childbirth (70 days before birth, 70 days after birth):
- b) 156 calendar days in the event of abnormal birth (70 calendar days before birth, 86 days after birth);
- c) 180 calendar days in the event of multiple births (70 days before birth, 110 calendar days after birth).
Section 126. Leave for Women Adopting Children
Women who have adopted children under two months of age or who are raising them without adoption shall be entitled to the 56 calendar days of social leave specified for after birth, as well as to additional leave defined in Section 117 and partially-paid leave defined in Section 127 hereof.
Section 117. Additional Vacation Time for Women with Children
1. Regardless of the amount of base and additional vacation time, working women with two children under the age of 14 shall be eligible for 2 additional calendar days of vacation time; while women with three or more children of this age or with a disabled child under the age of 16 shall be eligible for 5 additional calendar days of vacation time.
2. Fathers raising their children as single parents and adoptive parents shall be eligible for the additional vacation time specified in subsection 1 of this Section.
3. The right to additional vacation time as determined in this Section shall also be retained in cases when one of the children is 14, until the end of the relevant calendar year.
4. Any additional vacation time established in this Section shall not be granted to employees indicated in Sections 118, 119, 120 and 121 hereof.