Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) - Azerbaijan (Ratification: 1992)

Other comments on C079

Direct Request

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Article 1 of the Convention. Scope of application. The Committee had previously noted that the Labour Code of 1999 applies only to persons bound by a contract of employment. It had also noted the Government’s information that the Labour Code applies to all workers who have concluded an employment contract with an enterprise, irrespective of its form of ownership. Recalling that the Convention applies to all children and young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations, the Committee had requested the Government to provide information on the manner in which young persons who are not bound by a contract of employment benefit from the protection afforded by the Convention. The Committee notes the information provided by the Government in its report under Convention No. 90 that within the framework of the European Union’s Eastern Neighbourhood, measures are being taken to implement the country’s national legislation in the area of labour and labour relations in accordance with international norms, especially by enhancing the operations of the State Service of Labour inspection. In this regard, the Committee requests the Government to take the necessary measures to adapt and strengthen the labour inspection services so as to ensure that the protection envisaged by the Convention is provided to self-employed children and children working in non-industrial occupations without a contract of employment. The Committee requests the Government to provide information on any measures taken in this regard.

Article 5. Granting of individual licences for public entertainment and making of cinematographic films. Following its previous comments, the Committee notes the Government’s information that the Ministry of Culture and Tourism is currently preparing a draft instrument defining the procedure, type and labour remuneration for workers involved in cultural activities, including young persons. The Committee expresses the firm hope that the draft instrument on workers involved in cultural activities will contain provisions with regard to the granting of individual licenses to persons under 18 years of age to appear at night in public entertainments or to participate in the making of cinematic films in accordance with Article 5(1) of the Convention. It requests the Government to take into consideration the conditions under which such licence may be granted as laid down under Article 5(4) of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Article 6(1)(a). Public inspection and supervision. The Committee had previously noted the Government’s information that public monitoring to ensure that workers and employers exercise their labour, social and economic rights and legal interests is conducted by the relevant trade union bodies and by a representative body of the employers. The Committee notes the Government’s indication that the State Service of Labour Inspection (SSLI) exercises the state control over the compliance with the requirements of the labour legislation, by all legal persons carrying out an activity in the territory of Azerbaijan as well as natural persons engaged in individual entrepreneurship, irrespective of the form of ownership. It also notes the Government’s information that about 400 persons are working in the State Service of Labour Inspection (SSLI). According to the Government’s report, in 2010, 3,021 enterprises were inspected, including 2,251 entities of the non-state form of ownership, and a total of 9,511 violations were detected, including from the 2,677 complaints received from the citizens. The Committee notes the Government’s information that administrative fines amounting up to 827,200 Azerbaijani new manats (AZN) (around US$1 million) were imposed upon the employers for various offences. The Committee requests the Government to indicate whether any violations with regard to night work by children under 18 years of age, particularly in the non-industrial occupations were detected by the State Services of Labour Inspection.

Article 6(1)(b). Keeping of registers. The Committee had previously noted the Government’s information that employers make a registry of all workers employed by them, including those under 18 years and that the enterprises register their workers by department and are obliged to provide the working schedule and hours of work to all categories of workers. The Committee had also noted the Government’s information that the conditions of work, including the work schedule and working hours are set out in employment contracts. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the laws or regulations which require the employers to keep a registry showing the names, date of birth and hours of work of workers under 18 years of age. It also requests the Government to supply a copy of the laws or regulations stipulating the above provisions.

Article 6(1)(c). Identification and supervision of persons under 18 years of age employed on account of an employer or on their own account in streets or places to which the public have access. The Committee had previously noted the Government’s information that a national plan of action to address the problems of street children and homeless children was approved by Decision No. 60s of 14 April 2003. The Committee notes the Government’s indication that in the course of 2003–05 more than 44 activities were implemented which, amongst others, included strengthening the control over the application of the labour legislation related to child labour. The Committee also notes the Government’s information that following Decision No. 60s, a project entitled “Flexible evaluation of the situation of children engaged in the informal sector and in the streets of Azerbaijan” is being carried out by the Training and Research Centre on Labour and Social Issues under the Ministry of Labour and Social Protection.

Article 6(1)(d). The Committee had previously noted that sections 310–313 of the Labour Code envisage the possibility of taking disciplinary, administrative and criminal action against employers, employees or other individuals, who are in breach of the labour legislation. The Committee had requested the Government to indicate the laws or regulations that provide for specific penalties for the breach of the provisions of the labour legislation. The Committee notes the Government’s information that penalties for violations of the labour legislation are stipulated in the Code of the Administrative Offences. The Committee notes that according to section 53.10 of the Code of the Administrative Offences, employers employing young persons in work which endanger their life, health and morality shall be punished with fines amounting from AZN3,000–4,000 (around US$3,800–16,500) and the legal entity shall be fined with amounts ranging from AZN10,000–13,000.