Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Paid Educational Leave Convention, 1974 (No. 140) - Azerbaijan (Ratification: 1993)

Other comments on C140

Direct Request

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Formulation and application of a policy designed to promote the granting of paid educational leave. Coordination of the policy with general policies on vocational employment, education and training. Articles 2, 3, 4 and 10 of the Convention. In its previous comments, the Committee requested the Government to provide an evaluation of its policy on paid educational leave, as well as information on the measures taken to coordinate the paid educational leave policy with general policies on employment, education and training as well as on hours of work. In its response, the Government once again refers to the national Constitution and the Labour Code of Azerbaijan. The Committee notes the statistical information provided by the Government regarding the number of academic students as of the beginning of the 2017–18 academic year, as well as information concerning the adoption of Presidential Order No. 36 of 7 February 2016, which established the National Agency for Vocational Education to prepare young people for work. In this context, the Committee recalls that the objective of the Convention is to promote the granting of paid educational leave to a worker for educational purposes for a specified period during working hours, for the purpose of: training at any level; general, social and civic education; and trade union education (Articles 1 and 2 of the Convention). The Committee therefore reiterates its request that the Government provide an evaluation of its policy to promote the granting of paid educational leave as defined under the Convention. In particular, the Government is requested to indicate the manner in which the policy promotes the granting of paid educational leave for the purposes specified in Article 2 of the Convention, particularly for trade union education, as required under subsection (c) of Article 2.

Social dialogue. Article 6 of the Convention. In its previous comments, the Committee requested the Government to indicate the manner in which social dialogue is used in the formulation and implementation of the paid educational leave policy, including information on the implementation and impact of the General Collective Agreement for 2012–13. The Government indicates that section 31(3) of the Labour Code provides that collective agreements can establish more favourable conditions for educational leave than those provided under the Code. It adds that Cabinet of Ministers’ Decision No. 36 of 7 February 2018, on the conclusion of the General Collective Agreement 2018–19 between the Government, the Azerbaijan Trade Union Confederation and the National Confederation of Employers’ Organizations, entered into force. The Agreement contemplates the provision of hostel accommodation for students, with the aim of enhancing social protection in education. The Committee notes, however, that this provision only relates to student accommodation and does not give effect to the provisions of the Convention. The Committee once again requests that the Government provide information concerning the manner in which social dialogue is used and contributes to the formulation and implementation of the national paid educational leave policy.

Application in practice. Part V of the report form. The Committee once again requests the Government to provide detailed information, including statistical data disaggregated by sex and age, on the manner in which the provisions of the Convention on paid educational leave for workers are applied in practice.