Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Azerbaijan (Ratification: 1992)

Other comments on C111

Observation

Direct Request

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Articles 1 and 2 of the Convention. Prohibition of discrimination. Legislative developments. The Committee notes that two bills on draft amendments to the Labour Code of 1999 would address non-discrimination at work and the exclusion of women from certain occupations, and that these were under consideration by the Cabinet of the Prime Ministry in September 2013. In this regard, the Committee welcomes the draft amendments on section 16(1) of the Labour Code aimed at inserting “sexual orientation” and “family responsibilities” in the list of prohibited grounds of discrimination in employment and occupation. Noting the Government’s indication that the labour law reform is still ongoing, the Committee hopes that progress will be made soon in the revision of the Labour Code or in adopting relevant legislation aiming at further strengthening the legislative protection against direct and indirect discrimination in access to vocational training, access to employment and particular occupations and terms and conditions of work. It requests the Government to provide information on any progress made in this regard.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee refers to its previous comments regarding the legislative protection against sexual harassment provided by the Law on guarantees of gender equality of 2006 and the Labour Code of 1999. It recalls that the legislation prohibits sexual harassment (section 4 of the Law of 2006) and provides for the obligation of employers to take measures to prevent gender-based discrimination and sexual harassment (section 7 of the Law of 2006 and 12(1) of the Labour Code), as well as for measures to be taken by parties to collective agreements with a view to preventing sexual harassment at work (section 31 of the Labour Code). The Committee notes that the Government does not provide information on the practical application of these legal provisions, as requested by the Committee. The Committee once again requests the Government to provide specific information on the application of the legal provisions on protection against sexual harassment, and more particularly on any measures taken by employers, as well as any collective agreements adopted, in collaboration with employers’ and workers’ organizations, with a view to preventing and addressing sexual harassment at the workplace. It requests the Government to provide a copy of relevant collective agreements adopted in this regard. It also requests the Government to provide information on the number and outcome of sexual harassment cases dealt with by the State Labour Inspectorate or the courts, as well as on the practical measures taken to prevent and eliminate sexual harassment in the workplace, including through training and awareness raising.

Article 1(1)(b). Additional grounds of discrimination. Noting the Government’s indication that “the types of work and occupations in which it is prohibited to employ persons living with HIV”, as provided for under section 16(1) of the Labour Code, has been listed by Schedule 2 of Decision No. 62 of the Cabinet of Ministers of 27 April 2011, the Committee requests the Government to provide a copy of this text.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that a new tripartite collective agreement for 2014–15 has been concluded between the Cabinet of Ministers, the Azerbaijan Trade Unions Confederation and the National Confederation of Entrepreneurs by means of joint Decision No. 227 of 10 July 2014 with the aim of developing and implementing a set of measures in order to ensure the right to decent work. While welcoming these measures, the Committee notes that, since 2010, the Government has been referring in a general way to the conclusion of such biannual tripartite collective agreements without providing specific information on their content, nor on the impact of the measures taken in the context of such agreements to promote effectively the principle of equality of opportunity and treatment provided for by the Convention. Recalling the importance of collective agreements in applying the national policy on equality, the Committee once again requests the Government to provide detailed information on the content of the tripartite collective agreement currently in force, specifying the measures or actions undertaken by the parties to promote effectively the principle of the Convention in order to eliminate any discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin. It requests the Government to provide a copy of this tripartite collective agreement, as well as of any new collective agreements concluded to this end.

Enforcement. Referring to its previous comments, the Committee notes the absence of information provided by the Government on the mandate and powers of the Commissioner for Human Rights (Ombudsperson), as well as on the cooperation developed with the State Labour Inspectorate in the field of labour legislation, relating to discrimination in employment and occupation. It notes however that, according to the March 2016 report of the European Commission against Racism and Intolerance (ECRI), the Ombudsperson’s mandate is limited to the public sector and there is no specialised institution responsible for combating racism and discrimination in the private sector (CRI(2016)17, 17 March 2016, page 9 and paragraph 13). Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), where it took note of the reorganization of the State Labour Inspectorate, the Committee also notes that since several years no annual report on the work of the labour inspection services has been received by the Office. The Committee is therefore bound to repeat once again its previous request to the Government to provide detailed information on the mandate and powers of the Commissioner for Human Rights (Ombudsperson) relating to discrimination and employment, specifying if its mandate is limited to the public sector. It requests the Government to provide the latest available annual reports on the activities of the Ombudsperson and of the State Labour Inspectorate, as well as any other available information on the number, nature and outcome of cases of discrimination in employment, in both the public and private sectors, dealt with by any competent authorities. The Committee asks the Government to provide information on any cooperation developed or envisaged between the Commissioner for Human Rights (Ombudsperson) and the State Labour Inspectorate in the field of discrimination in employment and occupation.