Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection of Wages Convention, 1949 (No. 95) - Azerbaijan (Ratification: 1992)

Other comments on C095

Direct Request

2017
2012
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1995

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Article 2 of the Convention. Scope of application. Further to its previous comment, the Committee notes the Government’s reference to persons employed under civil law contracts as being one of the categories currently excluded from the coverage of the provisions of the Labour Code relating to wages protection. In this connection, the Committee understands that civil law contracts, i.e. employment relationships regulated under the Civil Code, are increasingly used to avoid more stringent social protection conditions prescribed by the Labour Code. The Committee also understands that the Government considers introducing a limit to the number of employees who may be hired on a civil law contract. Recalling that under Article 2(1), the Convention applies to all persons to whom wages are paid or payable, the Committee requests the Government to indicate how it is ensured, both in law and in practice, that the persons employed under civil law contracts enjoy, with respect to their wages, the specific protection set out in Articles 3–15 of the Convention.

Article 4. Partial payment of wages in kind. The Committee notes with interest the adoption of Act No. 313.IIIQD of 17 April 2007 amending section 174(3) of the Labour Code and lowering the maximum proportion of the wages that may be paid in kind from 50 to 20 per cent. Noting that in-kind payment may be in the form of consumer goods produced at the company employing the worker concerned, the Committee requests the Government to specify how it is ensured that such manufactured goods are, in all cases, appropriate for the personal use and benefit of the workers and their families, and valued fairly and reasonably. The Committee would also appreciate receiving a copy of the abovementioned Act of 2007.

Article 6. Freedom of workers to dispose of their wages. In the absence of any new information on this point, the Committee is obliged to recall that the Convention calls for an express prohibition against limiting in any form or manner the freedom of workers to dispose of their wages. The Committee therefore requests the Government to take the necessary measures to ensure that full effect is given to this requirement of the Convention.

Article 8. Deductions from wages. The Committee has been drawing the Government’s attention to section 175(1) of the Labour Code, which appears to allow unspecified deductions from wages – other than those listed in section 175(2) of the Labour Code – based on the worker’s consent. In this respect, it wishes to refer to paragraph 217 of the 2003 General Survey on protection of wages, in which it pointed out that the exclusive reference to national laws or regulations, collective agreements and arbitration awards as being the only valid legal bases for effecting deductions from wages, aims clearly to exclude “private” arrangements which might involve unlawful or abusive deductions to the detriment of the worker’s earnings. The Committee therefore again requests the Government to consider the adoption of appropriate measures in order to bring the national legislation into full conformity with the Convention on this point.

Part V of the report form. Practical application. The Committee notes the statistical data provided by the Government according to which, in 2010, labour inspection services recorded 1,191 violations concerning unpaid and miscalculated wages, and collected over 5.88 million Azerbaijani new mantas (AZN) (approximately US$7.35 million) in fines. The Committee requests the Government to continue to provide up-to-date information on the practical application of the Convention, including extracts from labour inspection reports showing the number and the nature of infringements reported and the sanctions imposed.