Based on Article 79 of the Labor Code, the employees and cases where the termination of the employment contract is prohibited have been identified. So, in exceptional cases, it is prohibited to dismiss an employee by the employer.
Dismissal of employees from the following categories is prohibited by law:
- It is prohibited to terminate the employment contract of pregnant women, as well as women with children under three years of age, men who raise a child under three years of age on their own, employees whose only source of income is the enterprise where they work and raise a child under school age alone, and employees who have temporarily lost their ability to work.
- Due to the fact that the employee is sick with diabetes or multiple sclerosis;
- Due to the motive of being a member of a trade union organization or any political party;
- Employees who are dependent on family members under the age of 18 with limited health capabilities or with a disability of the first degree;
- It is prohibited to terminate the employment contract on the grounds defined by Article 70 of the Labor Code during the time of leave, on a business trip, as well as during the period of participation in collective negotiations.
- The way to cancel by the employer the employment contract concluded with persons with disabilities undergoing treatment in the rehabilitation institution and other rehabilitation subjects, as well as with the employee specified in Article 24.1 of the Law of the Republic of Azerbaijan "On the Rights of Persons with Disabilities", regardless of the duration, except for the cases of liquidation of the enterprise. is not given.
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