Individual Case (CAS) - Discussion: 2011, Publication: 100th ILC session (2011)

The Government provided the following written information.

Scope of application: Articles 17(4) and (5) of the Constitution stipulate that it is prohibited to engage children in activities endangering their life, health or morality. Children under the age of 15 may not be employed. Under section 1 of the Labour Code, labour legislation consists of the Labour Code and international agreements on labour or socio-economic issues which the Republic of Azerbaijan has concluded or to which it is party. Convention No. 138, which Azerbaijan has ratified, is therefore part of the labour legislation and the provisions of Article 2(1) of the Convention must be respected by all employers that are physical persons and that use child labour, irrespective of the form it takes (in recruitment, under civil law or even illegally). Under article 151 of the Constitution if contradictions are identified between the normative texts that form the legislative system of Azerbaijan (including the Constitution and laws adopted by referendum) and international agreements to which the Republic of Azerbaijan is party, the international agreements shall take precedence. Accordingly, if discrepancies are identified between the Constitution and Convention No. 138, the Convention shall prevail.

Minimum age: The Committee of Experts considers that the Republic of Azerbaijan, which ratified Convention No. 138 in 1992, has set the minimum age for employment at 16 years, not 15. However, in our view, the Committee of Experts has not explained its approach in sufficient detail, referring only to Article 2(1) of the Convention in specifying a minimum age of 16 for Azerbaijan. The Republic of Azerbaijan considers that, under Article 2(3) of Convention No. 138, it is entitled to set the minimum age at 15 years. In Article 2(3), it is stated that the minimum age specified in pursuance of paragraph 1 of the Article shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. In accordance with the Education Act, general education consists of primary, general secondary and full secondary education. The State ensures the exercise of the right of every citizen to receive general secondary education (section 5(4)), which goes up to ninth grade inclusive. Under this Act, children go to school at the age of 6. The requirements of Article 2(3) of the Convention are thereby fulfilled in the Republic of Azerbaijan. On what grounds does the Committee of Experts consider that the Republic of Azerbaijan has undertaken to set the minimum age at 16? Is Azerbaijan perhaps required, under Article 2(1) of the Convention, to make an official statement that the minimum age is 15? We request clarification as to how Azerbaijan may establish a minimum age of 15. What is required for this purpose? Given that the Labour Code does not apply to those employed under a civil law agreement, it is not possible to create provisions widening the application of Article 2(1) of the Convention within the Labour Code. An age limit for the employment of children could be set in the Civil Code, in which regard it would be useful to receive recommendations from the Committee of Experts, supplemented by international experience.

Types of hazardous work prohibited to children under 18 years (Article 3(2) of Convention No. 138): The “List of arduous and hazardous industries or occupations, including underground work, where the employment of persons under 18 years of age is prohibited” was approved by Decision No. 58 of the Cabinet of Ministers on 24 March 2000. This list includes around 2,000 such jobs. The Government will make efforts to have this list translated into Russian and provide it to the Committee of Experts.

Article 7 of the Convention: In response to the Committee’s questions, we wish to inform you that, as of 1 July 1999, Act No. 618-IQ of 1 February 1999 “On the resolution of legal questions connected with the approval and entry into force of the Labour Code of the Republic of Azerbaijan” annulled the Act “On individual labour agreements (contracts)”, section 12(2) of which permitted children over 14 years to work. Currently, the Labour Code does not specify 14 years as the minimum age for concluding a contract of employment. Act No. 924QD of 4 December 2009 amended section 249(1) of the Labour Code to read as follows: “Individuals under 15 years shall not be recruited to work”. The second part of section 249 was deleted.

Fines: The following sections of the Administrative Procedure Code provide for fines in connection with child labour:

53.9 –Recruitment by an employer of a child under 15: individuals responsible are liable to a fine of between 1,000 and 1,500 manat; legal persons are liable to a fine of between 3,000 and 5,000 manat.

53.10 – Recruitment of children to activities endangering their life, health or morality by an employer: individuals responsible are liable to a fine of between 3,000 and 5,000 manat; legal persons are liable to a fine of between 10,000 and 13,000 manat.

Monitoring working conditions at workplaces: practical application of the Convention: The Government refers to the Rights of the Child Act (No. 439-IQ of 19 May 1998) and the Education for Individuals with Limited Abilities (Special Education) Act. In the Republic of Azerbaijan, there are no official statistics on the activities of children between the ages of 15 and 18 in terms of concluding contracts of employment with employers. It can be said that the use of child labour by employers on the basis of a contract has not been noted. In 2005, with ILO assistance, the State Statistical Committee carried out the first statistical sampling survey to cover all regions of the country. It revealed instances of the use of child labour in Azerbaijan and the forms it takes. According to official statistics for 2005, 13,500 under-age children were employed in various economic spheres, making up a very small percentage (0.35 per cent) of all those employed in the economy. In rural areas, children are involved in domestic and agricultural tasks in particular circumstances in order to help their parents. The analyses carried out show that, in 2005, 7.4 per cent (2.0+5.4) of children of school age (6 to 17 years) were not attending school. Based on information from the State Labour Inspectorate on eliminating violations of women’s labour rights and the exploitation or improper use of child labour by employers, penalties were issued in 36 such cases in 2004, 62 in 2008, and 23 in 2010. According to data from the State Statistical Committee, the economically active population included 25,890 individuals between 15 and 17 years of age, as at 1 January 2011. Of those, 11,582 live in towns and 14,308 in rural areas. The number of people between the ages of 15 and 17 who are employed is 19,262, of whom 7,065 live in urban districts and 12,197 in rural areas. Of the total, 69 per cent (13,267 persons) are employed in domestic agriculture, 3.4 per cent (650 persons) are physical persons engaged in business activities, and 27.7 per cent (5,345 persons) pursue individual labour activities. An analysis of employment by economic sector reveals that 81.6 per cent of children between 15 and 17 (15,716 persons) are mainly employed in agriculture, forestry and fisheries, 4.3 per cent (833 persons) in construction, 5 per cent (960 persons) in wholesale and retail trade, and 2.6 per cent (499 persons) in financial and insurance activities or other spheres.

In addition, before the Committee a Government representative stated that the Committee of Experts had noted that the national legislation restricted the application of Article 2 of the Convention. By virtue of section 1 of the Labour Code, labour legislation consisted of the Labour Code and international agreements on labour or socio-economic issues ratified by the Republic of Azerbaijan. Therefore, Convention No. 138 formed part of the labour laws of Azerbaijan. The provisions of Article 2 of the Convention must, therefore, be respected by all employers who employed children, whatever the form of work, and it was prohibited to recruit persons under 15 years of age. Regarding the minimum age, the speaker noted that the Committee of Experts considered that Azerbaijan had set the minimum age at 16 rather than 15 years, under Article 2(1) of the Convention. The explanations provided by the Committee of Experts in that regard were not sufficiently substantiated, in that they referred only to Article 2(1) of the Convention. Paragraph 3 of the same Article allowed for the minimum age specified to be not less than the age of completion of compulsory schooling and, in any case, not less than 15 years. Therefore Azerbaijan was entitled to specify a minimum age of 15 years. The speaker therefore asked the Committee of Experts to indicate why it considered that Azerbaijan had decided to set the minimum age at 16 and requested clarification on how it could establish a minimum age of 15 years.

Differences between legislative texts could be explained by the fact that a referendum had been held on national education. In accordance with section 5(4) of the Act on General Education, general education comprised primary education, general secondary education and full secondary education. The State guaranteed the right of every citizen to receive a general secondary education that extended to ninth grade, and therefore the provisions of the Convention were met. Concerning the minimum age for the admission to employment, the speaker considered that the Committee of Experts had incorrectly stated that the Individual Contracts of Employment Act specified 14 years as the minimum age at which one could sign a contract of employment. In fact this provision had been repealed in 2009. Section 249 of the Labour Code now read as follows: “Individuals under 15 years shall not be recruited to work”. Regarding penalties, the Code of Administrative Procedure provided for sanctions against persons who employed children under 15 years of age. With regard to the determination of types of hazardous work, Decision No. 58 of the Cabinet of Ministers of 24 March 2000, set out a list of arduous and hazardous work, including underground work, where the employment of young persons under 18 years of age was prohibited. The list included around 2,000 such jobs, and the Government was making efforts to translate the list into Russian before submitting a copy to the Committee of Experts. Regarding the practical application of the Convention, the speaker stated that no official statistics existed on the employment of children aged between 15 and 18 years. However, with the ILO’s assistance, the State Statistical Committee of Azerbaijan had conducted a first survey in 2005 on child labour throughout the country. In January 2011, 20,000 children were working in agriculture, of whom 5,000 were self-employed.

The Worker members had noted the written information communicated by the Government, but considered that a number of issues still merited discussion. They recalled that the case primarily concerned the scope of the Convention. Indeed, the Labour Code applied solely to employment relationships governed by a “work agreement”, which would mean that the legal provisions concerning the minimum age for admission to work would not apply to children working on their own account or without a wage. According to certain figures, it appeared that only 10 per cent of working children were wage workers. The situation of all other children was therefore a source of great concern since the number of working children between 5 and 17 years of age was very high. A survey conducted by the State Statistical Committee in cooperation with the ILO–IPEC programme quoted the figure of 156,000 children concerned, with 84 per cent working in agriculture and 68 per cent employed in hazardous work. The provisions of the Convention had to be transposed into national law and the Labour Code therefore had to be amended in that respect. The second aspect of the case concerned the minimum age itself. The Convention left Governments a certain margin for determining the minimum age for admission to employment. Even though Azerbaijan had decided at the time of ratification to opt for the age of 16 years, the national legislation was not in conformity with that age since several sections of the Labour Code mentioned the ages of 14 and 15 years. The third aspect of the case concerned the monitoring of the legal provisions through the labour inspectorate and an adequate system of prosecution and penalties. The Worker members had noted in this respect that the absence of complete official statistics made it very difficult to monitor the situation of child labour in the country. Finally, they asked the Government to amend the Labour Code with regard to the scope of the Convention and also to the minimum age for admission to employment, to send any list of types of light work which had been adopted in the country and finally to take immediate steps to strengthen the labour inspectorate.

The Employer members observed that, despite the case being of long standing, Azerbaijan had still not provided the information required, nor had it taken the necessary measures to comply with the Convention. Faced with the Government’s lack of response, the Committee of Experts had been forced to repeat its observations on several occasions. The written information provided by the Government did not supply the information required and gave rise to new doubts. According to statistics from ILO–IPEC, 156,000 children aged between 5 and 17 worked in Azerbaijan, accounting for 65 per cent of the country’s children. The Government should strengthen its labour inspection activities. The Labour Code stipulated that contracts of employment should be concluded in writing, but self-employment and unpaid work were excluded from that requirement. The Government had still not taken the necessary steps to eliminate such exceptions. The Labour Code allowed a person aged 15 to sign a contract of employment, which was contrary to Article 2 of the Convention, which set the minimum age for entry to work at 16 years of age. The Government had yet to send the list of hazardous occupations in which it was prohibited to employ children under the age of 18, as approved by the Cabinet of Ministers in 2000. The Employer members urged the Government to provide information on the types of light work that children who had reached the age of 14 were permitted to carry out. They observed that the Labour Code only included fines for employers who contracted minors or endangered their life, health or morality. They expressed concern that the United Nations Committee on the Rights of the Child, in its concluding observations of 2006, had concluded that regulations protecting children from hazardous work were not being applied correctly in Azerbaijan. Finally, the Employer members expressed profound concern at the present case and stressed that it was not a matter of technicalities in the Convention’s implementation, but rather of a situation which jeopardized the full force and application of a fundamental Convention.

The Government member of Uzbekistan pointed out that Azerbaijan’s laws were drafted so as to comply with the Convention. The Labour Code no longer stipulated a minimum age for entering into an employment contract of 14 years, and for training that combined work and education 14-year-olds could be employed only with parental consent. A list of hazardous types of work had been adopted referencing some 2,000 jobs, which people under the age of 18 were prohibited from undertaking, and the Code of Administrative Procedure provided for penalties in cases of infringement. According to available statistics, only 3.3 per cent of workers were under 18 years of age. When the Committee adopted its conclusions on this case, it would have to bear in mind that the country was making numerous efforts to apply the Convention.

The Worker member of Azerbaijan noted that his country was paying special attention to civil cooperation and international business relations in this era of rapid economic globalization and tried to achieve full implementation of ILO Conventions. In the case of Convention No. 138, national legislation had been reviewed in order to meet the commitments taken. He cited amendments to fix the minimum age at 15 years and to ban hazardous work for children, amendments to the Constitution adopted by referendum which would have a bearing on the Labour Code, and amendments to the Code of Administrative Procedure to set out penalties in case of employment of children under the age of 15. He emphasized the role of the trade unions in the determination of the minimum age, indicating that, in their view, it should be 16 years. The Azerbaijan Trade Unions Confederation paid special attention to the elimination of child labour and actively took part in various programmes. He recognized however that, despite the legislative changes, the Republic of Azerbaijan was faced with child labour issues. The trade unions called on all the social partners to work together for the elimination of the worst forms of child labour. In 2008, the executive committee of the Azerbaijan Trade Unions Confederation had adopted a resolution on “Azerbaijan trade unions policy and activities on child labour” which had been widely circulated among trade unions. Recalling that, according to national legislation, trade unions were the defenders of children’s rights, and that the Azerbaijan Trade Unions Confederation took part in tripartite negotiations on the subject of the worst forms of child labour, he indicated that these joint actions had been taken into account in the General Agreement 2010–11 which had been signed by the social partners.

The Government representative said that the report submitted on the application of the Convention stated that the age of 14 was no longer included in the Labour Code, nor in any other legislation. Furthermore, in 2009, penalties had been introduced. The labour inspection services had made considerable efforts to monitor child labour, to ensure that enterprises respected legislation, and to give instructions to employers. The Government would send information on the penalties and fines imposed by labour inspectors in the future without fail. Significant efforts had been made in collaboration with the ILO to bring legislation into line with other Conventions, such as the Workers with Family Responsibilities Convention, 1981 (No. 156), and the Maternity Protection Convention, 2000 (No. 183), with a view to their ratification. The speaker inquired as to the reason why, according to the Committee of Experts, Azerbaijan had undertaken to set the minimum age for admission to employment at 16, and suggested that the Republic of Azerbaijan could issue an official declaration, stating that the minimum age for employment was set at 15. Azerbaijan was not opposed to the application of the Convention and had demonstrated that it was possible to eradicate child labour completely. Although children worked in agriculture during their holidays to help their parents, one could not conclude in this context that the use of child labour was widespread. In that regard, the Ministry of Labour had requested the labour inspection services to re-enforce their efforts and to report in detail on their activities. Recalling that Azerbaijan had ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and that legislation had been amended, the speaker reaffirmed his Government’s intention to continue to take measures to implement Convention No. 138 fully.

The Worker members stated that the violations of the Convention were numerous and that the list of legal provisions, which was not in conformity with the Convention, was long but that there was no information whatsoever on the concrete situation and the effective control of the implementation of the legislation on child labour. In view of the serious nature of the situation, and in order to demonstrate its goodwill, the Government needed to amend the Labour Code so that it would also cover children working without an employment contract, who worked on their own account or without being remunerated. It was also required to put an end, in collaboration with the ILO, to the discrepancies between its commitment to set a minimum age of 16, and the Code’s provisions setting a lower age. The Government should also communicate the list of light work which according to the Government had been adopted but had not yet been sent to the ILO. Finally, the Government should take immediate measures to strengthen labour inspection and improve the collection of relevant statistics. It could request the technical assistance of the ILO so as to bring its legislation into conformity with the Convention, and collaborate with ILO–IPEC.

The Employer members reiterated their concern at the sheer number scale of the alleged violations of the Convention and suggested that the Government should request specific technical assistance from ILO–IPEC, so that it could prepare reliable statistics on a permanent basis. They agreed with the Committee of Experts that the Convention was still not being sufficiently applied in practice. The Employer members encouraged the Government to examine the possibility of amending its labour legislation in order to bring it into line with the Convention, particularly with regard to the minimum age, and emphasized the need for more effective monitoring of the provisions of the Convention and the labour legislation. They observed that it was necessary to strengthen labour inspection capacity and broaden the scope of inspection to include more sectors and the entire geographical area of the country, as requested by the Committee of Experts.

The representative of the Secretary-General wished to provide some clarifications in reply to the Government’s queries. Each member State ratifying the Convention needed to specify, in a declaration appended to its ratification, a minimum age for admission to employment or work in its territory. Azerbaijan had become an independent State in 1991 and had joined the ILO in 1992 taking over all obligations of the former Union of Soviet Socialist Republics (USSR). This included the declaration by the USSR of a minimum age for admission to employment or work of 16 years. She emphasized that the Government could avail itself of further ILO technical assistance.

Conclusions

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

The Committee noted the information contained in the report of the Committee of Experts relating to discrepancies between national legislation and Convention No. 138 in respect of the minimum age for admission to employment or work, regulation of light work, absence of information on the list of hazardous types of work, the weak enforcement of the Convention and the large number of children engaged in economic activity, including hazardous work, the majority of whom were found to be working in the agricultural sector.

The Committee noted the Government’s indication that sufficient legislative protection was afforded to children working outside of an employment relationship. Moreover, the Government considered that it was entitled to set a minimum age of admission to employment or work of 15 years. The Government further indicated that the list of hazardous types of work included approximately 2,000 occupations and would be provided in due course to the Committee of Experts. Furthermore, the Government representative pointed out that children were not allowed to undertake light work, since the legislation only entitled them to work from the age of 15 years. Lastly, the Committee noted the Government’s statement on amendments introduced in 2009 to the Code of Administrative Procedure establishing fines for violations of the Convention, as well as statistical information on the practical application of the Convention.

While noting the Government’s indication regarding the protection afforded to children working outside an employment relationship, the Committee observed an absence of information on the practical measures taken to apply the Convention to this category of children, which constituted the majority of working children. Considering that labour inspection played an important role in the application of national legislation, the Committee called on the Government to take concrete measures, including through strengthening the capacity and expanding the reach of the labour inspection services so as to ensure that the protection envisaged by the Convention was provided to children who work on their own account or in the informal economy.

With regard to the minimum age for admission to employment or work, the Committee recalled that a minimum age of 16 years for admission to employment or work had been assumed by the Government upon its ratification and continued acceptance of the application of the Convention in 1992. Recalling that the fundamental objective of the Convention consisted of progressively raising the minimum age for admission to employment and did not permit the lowering thereof, the Committee urged the Government to take immediate measures to ensure that national legislation was amended to establish a minimum age of 16 years, for admission to employment or work in all sectors, and to ensure that this minimum age was effectively applied in practice. Moreover, recalling that the list of hazardous types of work had been adopted in 2000, the Committee urged the Government to provide this list along with its next report to the Committee of Experts.

The Committee took due note of the information provided by the Government that the Code of Administrative Procedure, which had been amended in 2009, established new penalties for violations of the prohibition on the employment of children below the minimum age, as well as the prohibition on hazardous work. However, the Committee recalled that penalties could only be effective if they were in fact applied. It therefore urged the Government to provide concrete information on the number and nature of violations detected in respect of the prohibitions on minimum age and hazardous work and the penalties applied.

Turning to the application of the Convention in practice, the Committee noted that the statistical information provided by the Government was in contradiction with the statistical information contained in the report of the Committee of Experts. It therefore requested the Government to provide, in its next report to the Committee of Experts, more detailed and accurate statistical information, disaggregated by age, gender and sectors of activity concerning the nature, extent and trends of children and young persons who were engaged in work below the minimum age of 16. In this regard, the Committee strongly encouraged the Government to seek the technical assistance of ILO–IPEC in this matter.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(1) of the Convention. 1. Scope of application. The Committee had previously taken note of section 7(2) of the Labour Code of 1999, which rules that “labour relations shall be established upon the execution of a written employment contract”, and section 4(1) declaring that “this Code applies to all enterprises, establishments, organizations as well as workplaces where an employment agreement exists”. The Committee had requested the Government to supply information on the measures taken to ensure the application of the Convention to all types of work outside an employment relationship.

The Committee notes the absence of information in the Government’s report on this point. The Committee notes, however, that according to a survey conducted by the State Statistical Committee of the Republic of Azerbaijan in cooperation with ILO–IPEC, entitled: Working children in Azerbaijan – The analysis of child labour and labouring children survey, 2005, the majority of working children (about 65 per cent) are employed as unpaid family workers, while 25.1 per cent of children work on their own account and less than 10 per cent are wage workers. The survey further indicates that about 84.4 per cent of child labourers are found in the agricultural sector. Recalling that Convention No. 138 requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract, and observing that it has been raising this matter for several years, the Committee urges the Government to take the necessary measures to ensure that children carrying out an economic activity on their own account are granted the protection afforded by the Convention. In this regard, it requests the Government to envisage the possibility of taking measures to adapt and strengthen the labour inspection services so as to ensure that the protection envisaged by the Convention is provided to children who work on their own account or in the informal economy.

2. Minimum age for admission to employment or work. The Committee had recalled that the minimum age of 16 years was specified under Article 2(1) of the Convention as regards Azerbaijan. It had noted with regret that the Labour Code, in section 42(3), allows a person who has reached the age of 15 to be part of an employment contract; section 249(1) of the same Code specifies that “persons who are under the age of 15 shall not be employed under any circumstances”. Moreover, the Individual Contracts of Employment Agreement Act, section 12(2), sets the minimum age for concluding an employment contract at 14 years.

The Committee notes the Government’s information that pursuant to the amendments made to the Labour Code on December 2009 (Law of the Republic of Azerbaijan of 4 December 2009, No. 924-IIIQD), subsection (2) of section 249 shall be deleted. It notes, however, that this provision deals with admission of children of general vocational schools and who have attained the age of 14 years of age for industrial training. It also notes the Government’s information that section 46(4) of the Labour Code which was amended in 2009 states that the contracts concluded with persons who have not reached the age of 15 years shall be invalid. The Committee had observed for a number of years that sections 42(3) and 249(1) of the Labour Code and section 12(2) of the Individual Contracts of Agreement Act and section 46(4) of the Labour Code as amended, permit a child of 14 or 15 years to conclude a contract of employment, even though the specified minimum age for admission to employment or work is 16 years. The Committee once again points out that the Convention allows and encourages the raising of the minimum age but does not permit lowering of the minimum age once specified. Observing that it has been raising this matter for several years, the Committee urges the Government to take the necessary measures to ensure that no children under the age of 16 years is permitted to work, except for light work as permitted under Article 7 of the Convention.

Article 3(2). Determination of types of hazardous work. The Committee had previously noted the Government’s indication that a list of arduous and hazardous industries or occupations where the employment of persons under 18 years of age is prohibited was approved by Decision No. 58 of the Cabinet of Ministers of the Republic of Azerbaijan on 24 March 2000. The Committee notes the Government’s indication that the list of hazardous work prohibited to children under 18 years and approved by Decision No. 58 of the Cabinet of Ministers shall be supplied to the Office in the near future. Observing that the list of hazardous types of work was adopted in 2000, the Committee expresses the firm hope that a copy of this list will be sent along with the Government’s next report.

Article 7. Light work. The Committee had previously noted that section 249(2) of the Labour Code allows youths who have reached the age of 14 to work after school hours in light duty work, which poses no hazard to their health, and upon the written consent of their parents. It had further noted that sections 91(2), 119(1) and 133(3) of the Labour Code lay down the conditions of work of persons under 16 years of age and sections 252 and 254 provide for the conditions of work of persons under 18 years of age. The Committee had recalled that according to Article 7(3) of the Convention, the competent authority shall determine the activities in which employment or work may be permitted as light work. Noting the absence of information in this regard, the Committee once again requests the Government to supply further information on the types of light work that are permitted for persons who have attained 14 years of age.

Article 9(1). Penalties. Following its previous comments, the Committee notes the Government’s indication that according to section 12(2) of the Labour Code as amended in 2009, an employer who violates the provisions related to the employment of persons who have not reached 15 years of age and the prohibition on engaging children in activities endangering their life, health or morality shall be brought to corresponding responsibility in accordance with the procedure established by law. It also notes the Government’s reference to sections 310–313 of the Labour Code which deal with the liability for violating the rights defined in this Code, as well as the disciplinary, administrative and criminal actions for the violation of the labour law. The Committee requests the Government to indicate the provision which establishes penalties for the breach of the provisions giving effect to the Convention.

Parts III and V of the report form. Labour inspection and practical application of the Convention. The Committee notes the Government’s indication that, according to section 308 of the Labour Code, the Office of the Public Prosecutor, as well as the State Labour Inspectorate, exercise control over the strict application of the Labour Code. Furthermore, the public control over the observance of the labour legislation shall be carried out by the trade unions and the employers’ organizations. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of 17 March 2006 (CRC/C/AZE/CO/2, paragraphs 61–62), expressed concern at the high number of working children in Azerbaijan, especially in rural areas, and that the regulations protecting children from exploitative and hazardous work are not consistently applied and respected. It also notes that according to the survey conducted in 2005 by the State Statistical Committee of the Republic of Azerbaijan in cooperation with ILO–IPEC, more than 156,000 children aged between 5 and 17 years are estimated to be engaged in some form of economic activity, out of which 84.4 per cent work in the agricultural sector, and about 67.6 per cent of working children are estimated to be engaged in hazardous work. The Committee expresses its concern over the number and situation of working children in Azerbaijan, as well as the weak enforcement of the Convention and accordingly urges the Government to redouble its efforts to improve this situation including through measures to strengthen the capacity and expand the reach of the labour inspection system. It requests the Government to provide information on the concrete measures taken in this respect and on the results achieved. The Committee once again asks the Government to supply data to give a general appreciation of the manner in which the Convention is applied, for instance, statistical data on the employment of children and young persons, extracts from the report of inspection services, and information on the number and nature of contraventions reported.

[The Government is asked to supply full particulars to the Conference at its 100th Session and to reply in detail to the present comments in 2011.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Part III of the report form. Labour Inspectorate. The Committee notes that the Council of Ministers adopted Order No. 20 of 9 February 2000 on the State Labour Inspectorate in the Ministry of Labour and Social Protection. According to sections 1 and 8 of Order No. 20 of 2000, the State Labour Inspectorate carries out State supervision of compliance with the provisions of the Labour Code, including those relating to working conditions, supervision of working time regulations and safety at work of persons under 18 years of age. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of 17 March 2006 (CRC/C/AZE/CO/2, paragraph 61) expressed its concern at the high number of children working in the State, especially in rural areas, and that the regulations protecting children from exploitative and hazardous work are not consistently applied and respected. The Committee requests the Government to indicate the measures taken or envisaged in order to improve the application of the Convention with regard to labour inspection on child labour.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

Article 2, paragraph 1, of the Convention. 1. Minimum age for admission to employment or work. The Committee had recalled that the minimum age of 16 years was specified under Article 2, paragraph 1, of the Convention as regards Azerbaijan. It had noted with regret that the new Labour Code, in section 42(3), allows a person who has reached the age of 15 to be part of an employment contract; section 249(1) of the same Code specifies that “persons who are under the age of 15 shall not be employed under any circumstances”. Moreover, the Individual Contracts of Employment Agreement Act, section 12(2), sets the minimum age for concluding an employment contract at 14 years. The Committee once again points out that the Convention allows and encourages the raising of the minimum age but does not permit lowering of the minimum age once specified. Therefore, the Committee once again asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2 of the Convention, to ensure that access to employment of children of 14 and 15 years of age may be allowed exceptionally, only for work that meets the criteria set out in Article 7 of the Convention.

2. Scope of application. The Committee had  previously taken note of section 7(2) of the new Labour Code, which rules that “labour relations shall be established upon the execution of a written employment contract”, and section 4(1) declaring that “this Code applies to all enterprises, establishments, organizations as well as workplaces where an employment agreement exists”. Recalling that Convention No. 138 requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract, the Committee again asks the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee noted the Government’s indication that a list of arduous and hazardous industries or occupations where the employment of persons under 18 years of age is prohibited was approved by Decision No. 58 of the Cabinet of Ministers of the Republic of Azerbaijan on 24 March 2000. The Committee once again requests the Government to provide a copy of the text.

Article 7. Light work. The Committee had previously noted that section 249(2) of the new Labour Code allows youths who have reached the age of 14 to work after school hours in light duty work, which poses no hazard to their health, and upon the written consent of their parents. It noted the Government’s indication that according to section 91(2) employees up to 16 years of age shall not work more than 24 hours per week, that they shall be granted no less than 42 calendar days of vacation per year (section 119(1)) and that vacation shall be granted at the time of convenience for them (section 133(3)). It also noted that employees under 18 years shall undertake a medical examination before being admitted to work (section 252 of the Labour Code). Moreover, the Committee noted that under section 254 of the Labour Code, a person younger than 18 years of age shall not work at night (i.e. 8 p.m. to 7 a.m. according to section 254(2)), perform overtime, work on weekends, days off or public holidays or be sent on assignments. However, the Committee reminded the Government that under Article 7, paragraph 3, the competent authority shall determine the activities in which employment or work may be permitted as light work. The Committee once again requests the Government to supply further information on the types of light work that are permitted for persons who have attained 14 years of age.

Article 9, paragraph 1. Penalties. The Committee had previously noted the Government’s statement in its 2000 report that sections 136–138, 167 and 168 of the Penal Code regulate sanctions for violations of the labour law. The Committee however notes that sections 136–138 of the Penal Code deal with illegal artificial fertilization, sale–purchase of body organs and the illegal implementation of biomedical research on a person; and sections 167 and 168 deal with religious activities. The Committee therefore requests the Government to indicate which of the provisions in its national legislation regulate sanctions for violations of the labour law and to supply a copy of the same.

Part V of the report form. Practical application of the Convention. The Committee once again asks the Government to supply data to give a general appreciation of the manner in which the Convention is applied, for instance, statistical data on the employment of children and young persons, extracts from the report inspection services, and information on the number and nature of contraventions reported.

The Committee is also addressing a request directly to the Government on another point.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It requests the Government to provide information on the following point.

Article 9, paragraph 1. The Committee had previously noted the Government’s statement in its 2000 report that sections 136-138, 167 and 168 of the Penal Code regulate sanctions for violations of the Labour Law. The Committee however notes that sections 136-138 of the Penal Code deals with illegal artificial fertilization, sale-purchase of body organs and the illegal implementation of biomedical research on a person; and sections 167 and 168 deals with religious activities. The Committee therefore requests the Government to indicate which of the provisions in its national legislation regulate sanctions for violations of the Labour Law, and to supply a copy of the same.

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. The Committee had previously taken note of section 7(2) of the new Labour Code, which rules that “labour relations shall be established upon the execution of a written employment contract”, and section 4(1) declaring that “this Code applies to all enterprises, establishments, organizations as well as workplaces where an employment agreement exists”. Recalling that Convention No. 138 requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract, the Committee again asks the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 3. The Committee noted the Government’s indication that a list of arduous and hazardous industries or occupations where the employment of persons under 18 years of age is prohibited was approved by Decision No. 58 of the Cabinet of Ministers of the Republic of Azerbaijan on 24 March 2000. The Committee once again requests the Government to provide a copy of the text.

Article 7. The Committee had previously noted that section 249(2) of the new Labour Code allows youths who have reached the age of 14 to work after school hours in light duty work, which poses no hazard to their health, and upon the written consent of their parents. It noted the Government’s indication that according to section 91(2) employees up to 16 years of age shall not work more than 24 hours per week, that they shall be granted no less than 42 calendar days of vacation per year (section 119(1)) and that vacation shall be granted at the time of convenience for them (section 133(3)). It also noted that employees under 18 years shall undertake a medical examination before being admitted to work (section 252 of the Labour Code). Moreover, the Committee noted that under section 254 of the Labour Code, a person younger than 18 years of age shall not work at night (i.e. 8 p.m. to 7 a.m. according to section 254(2)), perform overtime, work on weekends, days off or public holidays or be sent on assignments. However, the Committee reminded the Government that under Article 7, paragraph 3, the competent authority shall determine the activities in which employment or work may be permitted as light work. The Committee once again requests the Government to supply further information on the types of light work that are permitted for persons who have attained 14 years of age.

Article 9. The Committee had previously noted that new legislation had been enacted to create a National Inspectorate of Labour (Decree No. 544/1997) together with Regulation No. 31/1997 that defines its role and duties. The Committee once again requests the Government to supply copies of this new legislation.

Part V of the report form. The Committee once again asks the Government to supply data to give a general appreciation of the manner in which the Convention is applied, for instance, statistical data on the employment of children and young persons, extracts from the report inspection services, information on the number and nature of contraventions reported, etc.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation, which read as follows:

The Committee had recalled that the minimum age of 16 years was specified under Article 2, paragraph 1, of the Convention as regards Azerbaijan. It had noted with regret that the new Labour Code in section 42(3), allows a person who has reached the age of 15 to be part of an employment contract; section 249(1) of the same Code specifies that “persons who are under the age of 15 shall not be employed under any circumstances”. Moreover, the Individual Contracts of Employment Agreement Act, section 12(2), sets the minimum age for concluding an employment contract at 14 years. The Committee once again points out that the Convention allows and encourages the raising of the minimum age but does not permit lowering of the minimum age once specified. Therefore, the Committee once again asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2 of the Convention, to ensure that access to employment of children of 14 and 15 years of age may be allowed exceptionally, only for work that meets the criteria set out in Article 7 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

 

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. The Committee had previously taken note of section 7(2) of the new Labour Code, which rules that "labour relations shall be established upon the execution of a written employment contract", and section 4(1) declaring that "this Code applies to all enterprises, establishments, organizations as well as workplaces where an employment agreement exists". Recalling that Convention No. 138 requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract, the Committee again asks the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 3. The Committee noted the Government’s indication that a list of arduous and hazardous industries or occupations where the employment of persons under 18 years of age is prohibited was approved by Decision No. 58 of the Cabinet of Ministers of the Republic of Azerbaijan on 24 March 2000. The Committee once again requests the Government to provide a copy of the text.

Article 7. The Committee had previously noted that section 249(2) of the new Labour Code allows youths who have reached the age of 14 to work after school hours in light duty work, which poses no hazard to their health, and upon the written consent of their parents. It noted the Government’s indication that according to section 91(2) employees up to 16 years of age shall not work more than 24 hours per week, that they shall be granted no less than 42 calendar days of vacation per year (section 119(1)) and that vacation shall be granted at the time of convenience for them (section 133(3)). It also noted that employees under 18 years shall undertake a medical examination before being admitted to work (section 252 of the Labour Code). Moreover, the Committee noted that under section 254 of the Labour Code, a person younger than 18 years of age shall not work at night (i.e. 8 p.m. to 7 a.m. according to section 254(2)), perform overtime, work on weekends, days off or public holidays or be sent on assignments. However, the Committee reminded the Government that under Article 7, paragraph 3, the competent authority shall determine the activities in which employment or work may be permitted as light work. The Committee once again requests the Government to supply further information on the types of light work that are permitted for persons who have attained 14 years of age.

Article 9. The Committee once again asks the Government to supply a copy of sections 136-138, 167 and 168 of the Penal Code, which regulate sanctions for violations of the labour law, as the Government declared in its 2000 report.

The Committee had previously noted that new legislation had been enacted to create a National Inspectorate of Labour (Decree No. 544/1997) together with Regulation No. 31/1997 that defines its role and duties. The Committee once again requests the Government to supply copies of this new legislation.

Part V of the report form. The Committee once again asks the Government to supply data to give a general appreciation of the manner in which the Convention is applied, for instance, statistical data on the employment of children and young persons, extracts from the report inspection services, information on the number and nature of contraventions reported, etc.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee had recalled that the minimum age of 16 years was specified under Article 2, paragraph 1, of the Convention as regards Azerbaijan. It had noted with regret that the new Labour Code in section 42(3), allows a person who has reached the age of 15 to be part of an employment contract; section 249(1) of the same Code specifies that “persons who are under the age of 15 shall not be employed under any circumstances”. Moreover, the Individual Contracts of Employment Agreement Act, section 12(2), sets the minimum age for concluding an employment contract at 14 years. The Committee once again points out that the Convention allows and encourages the raising of the minimum age but does not permit lowering of the minimum age once specified. Therefore, the Committee once again asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2 of the Convention, to ensure that access to employment of children of 14 and 15 years of age may be allowed exceptionally, only for work that meets the criteria set out in Article 7 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. The Committee had previously taken note of section 7(2) of the new Labour Code, which rules that "labour relations shall be established upon the execution of a written employment contract", and section 4(1) declaring that "this Code applies to all enterprises, establishments, organizations as well as workplaces where an employment agreement exists". Recalling that Convention No. 138 requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract, the Committee again asks the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 3. The Committee noted the Government’s indication that a list of arduous and hazardous industries or occupations where the employment of persons under 18 years of age is prohibited was approved by Decision No. 58 of the Cabinet of Ministers of the Republic of Azerbaijan on 24 March 2000. The Committee once again requests the Government to provide a copy of the text.

Article 7. The Committee had previously noted that section 249(2) of the new Labour Code allows youths who have reached the age of 14 to work after school hours in light duty work, which poses no hazard to their health, and upon the written consent of their parents. It noted the Government’s indication that according to section 91(2) employees up to 16 years of age shall not work more than 24 hours per week, that they shall be granted no less than 42 calendar days of vacation per year (section 119(1)) and that vacation shall be granted at the time of convenience for them (section 133(3)). It also noted that employees under 18 years shall undertake a medical examination before being admitted to work (section 252 of the Labour Code). Moreover, the Committee noted that under section 254 of the Labour Code, a person younger than 18 years of age shall not work at night (i.e. 8 p.m. to 7 a.m. according to section 254(2)), perform overtime, work on weekends, days off or public holidays or be sent on assignments. However, the Committee reminded the Government that under Article 7, paragraph 3, the competent authority shall determine the activities in which employment or work may be permitted as light work. The Committee once again requests the Government to supply further information on the types of light work that are permitted for persons who have attained 14 years of age.

Article 9. The Committee once again asks the Government to supply a copy of sections 136-138, 167 and 168 of the Penal Code, which regulate sanctions for violations of the labour law, as the Government declared in its 2000 report.

The Committee had previously noted that new legislation had been enacted to create a National Inspectorate of Labour (Decree No. 544/1997) together with Regulation No. 31/1997 that defines its role and duties. The Committee once again requests the Government to supply copies of this new legislation.

Part V of the report form. The Committee once again asks the Government to supply data to give a general appreciation of the manner in which the Convention is applied, for instance, statistical data on the employment of children and young persons, extracts from the report inspection services, information on the number and nature of contraventions reported, etc.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee had recalled that the minimum age of 16 years was specified under Article 2, paragraph 1, of the Convention as regards Azerbaijan. It had noted with regret that the new Labour Code in section 42(3), allows a person who has reached the age of 15 to be part of an employment contract; section 249(1) of the same Code specifies that "persons who are under the age of 15 shall not be employed under any circumstances". Moreover, the Individual Contracts of Employment Agreement Act, section 12(2), sets the minimum age for concluding an employment contract at 14 years. The Committee once again points out that the Convention allows and encourages the raising of the minimum age but does not permit lowering of the minimum age once specified. Therefore, the Committee once again asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2 of the Convention, to ensure that access to employment of children of 14 and 15 years of age may be allowed exceptionally, only for work that meets the criteria set out in Article 7 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and asks it to supply further information on the following points.

Article 2, paragraph 1, of the Convention. The Committee had previously taken note of section 7(2) of the new Labour Code, which rules that "labour relations shall be established upon the execution of a written employment contract", and section 4(1) declaring that "this Code applies to all enterprises, establishments, organizations as well as workplaces where an employment agreement exists". Recalling that Convention No. 138 requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract, the Committee again asks the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 3. The Committee notes the Government’s indication that a list of arduous and hazardous industries or occupations where the employment of persons under 18 years of age is prohibited was approved by Decision No. 58 of the Cabinet of Ministers of the Republic of Azerbaijan on 24 March 2000. The Committee requests the Government to provide a copy of the text.

Article 7. The Committee had previously noted that section 249(2) of the new Labour Code allows youths who have reached the age of 14 to work after school hours in light duty work, which poses no hazard to their health, and upon the written consent of their parents. It notes the Government’s indication that according to section 91(2) employees up to 16 years of age shall not work more than 24 hours per week, that they shall be granted no less than 42 calendar days of vacation per year (section 119(1)) and that vacation shall be granted at the time of convenience for them (section 133(3)). It also notes that employees under 18 years shall undertake a medical examination before being admitted to work (section 252 of the Labour Code). Moreover, the Committee notes that under section 254 of the Labour Code, a person younger than 18 years of age shall not work at night (i.e. 8 p.m. to 7 a.m. according to section 254(2)), perform overtime, work on weekends, days off or public holidays or be sent on assignments. However, the Committee reminds the Government that under Article 7, paragraph 3, the competent authority shall determine the activities in which employment or work may be permitted as light work. The Committee once again requests the Government to supply further information on the types of light work that are permitted for persons who have attained 14 years of age.

Article 9. The Committee once again asks the Government to supply a copy of sections 136-138, 167 and 168 of the Penal Code, which regulate sanctions for violations of the labour law, as the Government declared in its 2000 report.

The Committee had previously noted that new legislation had been enacted to create a National Inspectorate of Labour (Decree No. 544/1997) together with Regulation No. 31/1997 that defines its role and duties. The Committee once again requests the Government to supply copies of this new legislation.

Part V of the report form. This part focuses on how the Convention is applied in practice, whereas the Government’s information in its report concerns the legislation only. Therefore, the Committee once again asks the Government to supply data to give a general appreciation of the manner in which the Convention is applied, for instance, statistical data on the employment of children and young persons, extracts from the report inspection services, information on the number and nature of contraventions reported, etc.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

The Committee had recalled that the minimum age of 16 years was specified under Article 2, paragraph 1, of the Convention as regards Azerbaijan. It had noted with regret that the new Labour Code in section 42(3), allows a person who has reached the age of 15 to be part of an employment contract; section 249(1) of the same Code specifies that "persons who are under the age of 15 shall not be employed under any circumstances". Moreover, the Individual Contracts of Employment Agreement Act, section 12(2), sets the minimum age for concluding an employment contract at 14 years. The Committee once again points out that the Convention allows and encourages the raising of the minimum age but does not permit lowering of the minimum age once specified. Therefore, the Committee once again asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2 of the Convention, to ensure that access to employment of children of 14 and 15 years of age may be allowed exceptionally, only for work that meets the criteria set out in Article 7 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request:

Article 2, paragraph 1. The Committee noted section 7(2), of the new Labour Code, which rules that "labour relations shall be established upon the execution of a written employment contract", and section 4(1) declaring that "this Code applies to all enterprises, establishments, organizations as well as workplaces where an employment agreement exists". Recalling again that Convention No. 138 requires the fixing of a minimum age for all work regardless of the existence of the employment contract, the Committee again asks the Government to supply information on the measures taken to protect children from work without a contract, such as self-employment.

Article 6. Article 258(2) of the new Labour Code rules that "in special cases in family businesses, teenagers between the ages of 14 and 15 may work. At these ages teenagers may perform only small jobs or apprenticeships". The Committee again requests the Government to define the meaning of "special cases" and "small jobs" and indicate which provisions in the law define such concepts. It also requests the Government to supply the legislation which prescribes conditions of apprenticeships and to supply information on current programmes.

Article 7. The Committee noted that section 249(2) of the new Labour Code allows youths who have reached the age of 14 to work after school hours in light duty work, which poses no hazard to their health, and upon written consent of their parents. The Committee again requests the Government to supply further information on the types of light work that are permitted for persons who have attained 14 years of age, the measures taken to regulate and limit their working hours, their conditions of work and finally, if these provisions have been taken in consultation with workers’ and employers’ organizations.

Article 9. The Committee again asks the Government to supply a copy of articles 136 to 138, 167 and 168 of the Penal Code, which regulates sanctions for violations to the labour law, as the Government declared in its last report.

The Committee noted that new legislation had been enacted to create a National Inspectorate of Labour (Decree No. 544/1997) together with Regulation No. 31/1997 that defines its role and duties. The Committee again requests the Government to supply copies of this new legislation.

Part V of the report form. This part focuses on how the Convention is applied in practice, whereas the Government’s information in its last report concerned the legislation only. Therefore, the Committee again asks the Government to supply data to give a general appreciation of the manner in which the Convention is applied, for instance, statistical data on the employment of children and young persons, extracts from the report inspection services, information on the number and nature of contraventions reported, etc.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation:

The Committee recalled that the minimum age of 16 years was specified under Article 2, paragraph 1, of the Convention as regards Azerbaijan. It noted with regret that the new Labour Code in article 42(3), allows a person who has reached the age of 15 to be part of an employment contract; article 249(1) of the same Code specifies that "persons who are under the age of 15 shall not be employed under any circumstances". Moreover, the Individual Contracts of Employment Agreement Act, section 12(2), sets the minimum age for concluding an employment contract at 14 years. The Committee pointed out again that the Convention allows and encourages the raising of the minimum age but does not permit lowering of the minimum age once specified. Therefore, the Committee again asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2, to ensure that access to employment of children of 14 and 15 years of age may be allowed exceptionally, only for work that meets the criteria set out in Article 7.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 2, paragraph 1. The Committee notes section 7(2), of the new Labour Code, which rules that "labour relations shall be established upon the execution of a written employment contract", and section 4(1) declaring that "this Code applies to all enterprises, establishments, organizations as well as workplaces where an employment agreement exists". Recalling again that Convention No. 138 requires the fixing of a minimum age for all work regardless of the existence of the employment contract, the Committee asks the Government to supply information on the measures taken to protect children from work without a contract, such as self-employment.

Article 6. Article 258(2) of the new Labour Code rules that "in special cases in family businesses, teenagers between the ages of 14 and 15 may work. At these ages teenagers may perform only small jobs or apprenticeships". The Committee requests the Government to define the meaning of "special cases" and "small jobs" and indicate which provisions in the law define such concepts. It also requests the Government to supply the legislation which prescribes conditions of apprenticeships and to supply information on current programmes.

Article 7. The Committee notes that section 249(2) of the new Labour Code allows youths who have reached the age of 14 to work after school hours in light duty work, which poses no hazard to their health, and upon written consent of their parents. The Committee requests the Government to supply further information on the types of light work that are permitted for persons who have attained 14 years of age, the measures taken to regulate and limit their working hours, their conditions of work and finally, if these provisions have been taken in consultation with workers’ and employers’ organizations.

Article 9. The Committee asks the Government to supply a copy of articles 136 to 138, 167 and 168 of the Penal Code, which regulates sanctions for violations to the labour law, as the Government declares in its last report.

The Committee notes that new legislation has been enacted to create a National Inspectorate of Labour (Decree No. 544/1997) together with Regulation No. 31/1997 that defines its role and duties. The Committee requests the Government to supply copies of this new legislation.

Part V of the report form. This part focuses on how the Convention is applied in practice, whereas the Government’s information in its last report concerns the legislation only. Therefore, the Committee again asks the Government to supply data to give a general appreciation of the manner in which the Convention is applied, for instance, statistical data on the employment of children and young persons, extracts from the report inspection services, information on the number and nature of contraventions reported, etc.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee recalls that the minimum age of 16 years was specified under Article 2, paragraph 1, of the Convention as regards Azerbaijan. It notes with regret that the new Labour Code in article 42(3), allows a person who has reached the age of 15 to be part of an employment contract; article 249(1) of the same Code specifies that "persons who are under the age of 15 shall not be employed under any circumstances". Moreover, the Individual Contracts of Employment Agreement Act, section 12(2), sets the minimum age for concluding an employment contract at 14 years. The Committee points out again that the Convention allows and encourages the raising of the minimum age but does not permit lowering of the minimum age once specified. Therefore, the Committee asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2, to ensure that access to employment of children of 14 and 15 years of age may be allowed exceptionally, only for work that meets the criteria set out in Article 7.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its observation, the Committee requests the Government to supply information on the following points.

Article 2, paragraph 1, of the Convention. The Committee notes that both the Individual Contracts of Employment Agreements Act and the Labour Code regulate the minimum age for employment under an employment contract. Recalling that the Convention requires the fixing of minimum age for all work regardless of the existence of the employment contract, the Committee asks the Government to supply information on the measures taken to protect children from work without contract, such as self-employment.

Article 3, paragraph 2. The Committee requests the Government to supply a copy of the list (published as Decree No. 372 of 31 October 1994) of works prohibited for a person under the age of 18 as prescribed in section 194(2) of the Labour Code.

Article 6. The Committee asks the Government to indicate the manner in which any work done by children for training purposes is regulated and to specify the legislation which prescribe the conditions in which such work may be authorized, with particular reference to apprenticeship in undertakings. The Committee asks the Government to send a copy of relevant legislative provisions and to supply information on their application in practice.

Article 8. The Committee asks the Government to state whether in practice any child younger than 15 years of age participates in artistic performances, including for instance filming of advertisements.

Article 9, paragraph 1. The Committee asks the Government to indicate the measures taken, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the legislation giving effect to the Convention.

Article 9, paragraph 3. The Committee notes that section 34 of the Individual Contracts of Employment Agreements Act obliges the employer to compile a "work-book" which contains the information on his employee working more than five days for him following the procedures established in the Regulations on Application of the work-books. However, it recalls that such register should be made for all workers regardless of the duration of work. The Committee requests the Government to send a copy of these Regulations and a model Work-book, and to indicate measures taken to ensure the register of all workers of less than 18 years of age.

Point III of the report form. The Committee requests the Government to indicate what authorities supervise the application of the above-mentioned legislation.

Point V of the report form. The Committee requests the Government to supply information on the application of the Convention in practice, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported. In particular, it requests information on the situation of family undertakings in which, according to the Government's indication at the United Nations Committee on the Rights of the Child, children play a role (CRC/C/SR. 392, paragraph 83).

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee recalls that the minimum age of 16 years was specified under Article 2, paragraph 1, of the Convention as regards Azerbaijan. It notes that while section 193 of the Labour Code (10 December 1971 with subsequent amendment) prohibits the employment of persons under the age of 16, the Individual Contracts of Employment Agreements Act, which entered into force on 21 May 1996, sets the minimum age for concluding an employment contract at 14 years. The Committee further notes the indication made by the Government in June 1997 at the United Nations Committee on the Rights of the Child that children could sign a contract of employment from the age of 16 and are authorized to do so from the age of 14 with the agreement of their parents or guardian (CRC/C/SR. 391, paragraph 22). The Committee points out that the Convention allows and encourages the raising of the minimum age but does not permit lowering of the minimum age once specified. It also recalls that Article 7 of the Convention allows, as an exception, the employment or work of persons 13 to 15 years of age only on light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school. Other than such light work, work done by under-age children should be prohibited even if the parent gives consent. Therefore, the Committee asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2, to ensure that access to employment of children of 14 and 15 years of age may be allowed, exceptionally, only for work meeting the criteria set out in Article 7.