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The Committee notes that the information contained in the Government’s report for the period from 1 June 2008 to May 2010 and the annual report for 2009 on the activities of the state labour inspection is identical to its previous reports. Consequently, the Committee is bound to repeat its previous comments which read as follows:
Articles 3, 5(a), 14 and 21(g) of the Convention. Role of the labour inspectors in the field of occupational safety and health and cooperation with other institutions. Notification of cases of occupational disease and statistics thereof. The Committee notes that, contrary to Article 14, labour inspectors are not notified of cases of occupational disease. According to the inspection report for 2007, data on cases of occupational disease are handled by the competent bodies within the Ministry of Health. Referring to its General Survey of 2006 on labour inspection (paragraphs 118–127), the Committee wishes to remind the Government that it is vital that formal mechanisms be put in place to provide the labour inspection with the data it needs to identify high-risk activities and the most vulnerable categories of workers or to ensure that it has access to the data on occupational diseases collected by other institutions. Such information is indispensable to enable the labour inspectors to discharge their preventive function as effectively as possible and for the central inspection authority to compile the relevant statistics with a view to the development of an appropriate prevention policy. The Committee therefore requests the Government to take the necessary legal and practical measures to determine the cases and manner in which labour inspectors shall be notified of cases of occupational disease, in accordance with Article 14. It also requests the Government to make appropriate arrangements to promote collaboration with the Ministry of Health and to ensure that the central inspection authority is in a position to include such data in future annual reports on the work of the labour inspection services.
Article 15(c). Confidentiality of the source of any complaint. The Committee wishes to emphasize that the main purpose of this provision is to ensure that workers are protected from the risk of any reprisals by the employer should the labour inspectorate take action as a result of the complaint. Furthermore, confidentiality is essential in ensuring the necessary trust in relations between workers and labour inspectors. The Committee considers that the loyalty oath made by all civil servants, in accordance with article 15 of the Law on public service, to which the Government refers in its report, may not be sufficient to guarantee consistent observance of this specific obligation of confidentiality throughout the country and to ensure the protection of the workers concerned and, as a consequence, the effectiveness of the work of labour inspectors. The Committee therefore encourages the Government to take the necessary measures to establish a legal basis for the principle of confidentiality of the source of any complaint.
Regional cooperation. The Committee notes the signature of the Declaration on regional cooperation of labour inspectorates in south-east Europe, Azerbaijan and Ukraine, in which the signatories express their commitment to the development of regional cooperation with a view to ensuring safe and healthy workplaces and the protection of workers’ rights. The Committee would be grateful if the Government would supply information on the activities undertaken by the labour inspection services in this framework.
In addition, the Committee draws the Government’s attention to the following points raised on the basis of the information made available through the Azerbaijani electronic mass media.
Article 3(1)(a). Functions of the system of labour inspection with respect to protection of workers. The Committee notes the information that all types of labour activities are halted in the open air if the weather temperature passes 41°C. Labour inspectors conduct raids with the purpose of eliminating instances of labour activity in such weather conditions and such raids were conducted in summer 2010 which revealed no instances of employment in such weather. In such hot weather, employers are obliged to create all necessary conditions by, for example, organizing working in shifts to ensure that workers substitute each other and do not get sunstroke in industries with uninterrupted work. If it is not possible to halt the work in the weather passing 41°C employers are required to take additional measures, such as shorten the working time, allow for more frequent breaks, use special anti-sun helmets, provide the working personnel with soft drinks. Moreover, such measures shall be taken by the employer not only in cases when the weather temperature reaches 41°C but also in lower temperatures if the weather outside is intolerably hot. However, according to the same source, it is possible to see people working in such weather conditions in Baku City, who are not even provided with soft drinks. The Committee would be grateful if the Government would provide information on the measures taken and activities held to ensure that workers are protected in conditions detrimental to their health and safety and statistics of such inspections and results achieved during the period covered by the next report on the application of the Convention. The Government is also requested to provide information on the legislation providing for such protection and the role of labour inspectors in its implementation.
Also according to the information available in the Azerbaijani electronic mass media, the Parliament adopted the Law “on compulsory insurance of disability resulting from occupational diseases and accidents at work” in 2010, which is also applicable to prisoners involved in labour activities, students and schoolchildren undertaking internship, military servants involved in work in enterprises, individuals engaged in private entrepreneurship, as well as military servants involved in work in emergency situations. The Law is also applicable with respect to foreigners.
The head of State Labour Inspectorate (SLI) expressed the opinion that implementation of the Law will not be difficult since the statistics of the most recent years demonstrate an improvement in this field. The Committee would be grateful if the Government would indicate the impact of the Law on the scope, activities and results of labour inspection in the workplaces covered under the Convention. The Government is also requested to provide a copy of the Law and any other relevant text.
Articles 20 and 21. Publication and content of an annual report on labour inspection. According to the information available in the Azerbaijani electronic mass media, the SLI ensured the conclusion of 7,048 labour contracts with individuals illegally involved in work and services in 2009, 6,769 (96 per cent) of which were in private sector organizations. During 2009, 55 cases of dismissal of workers in violation of the labour legislation were identified, and the workers were later reinstated in their positions; administrative decisions were also taken and fines imposed in the amount of 553,870 new manats (AZN) in respect of 162 officials and legal persons for administrative offences. The Committee requests the Government to ensure that the future annual reports on labour inspection are published and forwarded in a timely manner to the Office, and include more detailed information, such as the information requested in Article 21 of the Convention and recommended in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), needed to assess the level of application of the Convention.
International cooperation. According to the information available in the Azerbaijani electronic mass media, the SLI started a joint project on “The potential of the SLI in implementing the relevant legislation and safety at work” with the Dutch international consultative group “TNO – the quality of life” in 2009. The project is for five years and, mainly, envisages the provision of consultative services to the SLI on the international practice of labour protection. The project has a recommendatory nature and does not require any financial resources. The Committee would be grateful if the Government would provide information on this project, its objectives, implementation schedule, results to be achieved and impact on labour inspection activities, as well as information on any other similar projects carried out by the SLI and any relevant text.
Labour inspection and child labour. The Committee notes that special attention in the SLI’s work in 2009 was drawn to the employment of persons younger than 18. In the reported period, 62 cases of violation of labour rights of workers younger than 18 were identified. It was established that such violations took place primarily in non-state enterprises in the field of trade, public catering and provision.
As regards the data of the first ten months of 2010, 20 cases of child labour exploitation were registered by the SLI. Most of these violations were revealed in the fields of trade, public catering, and a small number in the field of industry. The employers were fined, by virtue of Article 318 of the Code of Administrative Violations of the Azerbaijan Republic, in the amount of AZN1,000–2,000 (US$1,250–2,500). Moreover, it is indicated that instances of child labour exploitation can be reported through a “hotline” operating within the Ministry of Labour and Social Protection of the Population.
The Committee would be grateful if the Government would provide, in its next report, information on the labour inspection activities aimed at combating child labour, its results and impact on the protection of the labour rights of workers younger than 18 years of age.
The Committee notes the Government’s report for the period from 1 June 2006 to May 2008 and the annual report for 2007 on the activities of the state labour inspection.
The Committee notes the information provided by the Government in reply to its previous comments on the duties and training of inspectors and on the staff numbers of the labour inspectorate. It would be grateful if the Government would provide information in its next report on the following points.
Articles 11 and 16 of the Convention. Transport facilities and reimbursement of transport expenses paid out by inspectors. Inspections. According to the Government, when inspectors travel to the regions to discharge their duties, their mission expenses are paid, in accordance with the legislation. However, transport is neither provided nor paid for. With a view to ensuring that labour inspectors are able to carry out inspections as often as necessary, in accordance with Article 16, the Committee requests the Government to take the necessary measures to provide them with adequate transport facilities or to reimburse the transport expenses that they have paid out. The Government is also requested to provide a copy of the legislation respecting the mission expenses of inspectors.
Article 14. Notification of cases of occupational disease. In reply to the Committee’s request on this subject, the Government indicates that when an inspector believes that an occupational disease may develop at a workplace, tests are carried out in the laboratories of the labour inspectorate. If these tests reveal factors likely to give rise to such a pathology, instructions are issued by the inspector to the director of the enterprise so that measures are taken for their elimination. The Committee takes due note of these preventive measures. Nevertheless, it would be grateful if the Government would indicate whether, as required by this Article of the Convention, the legislation establishes the cases and manner in which industrial accidents and cases of occupational disease shall be notified to the labour inspectorate and, if so, to specify the information and notification procedure envisaged for this purpose.
Article 15(c). Obligation of confidentiality by labour inspectors. The Committee requests the Government to indicate whether the legislation establishes the obligation for inspectors to treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and requiring that they shall give no intimation to the employer or his or her representative that a visit of inspection was made in consequence of the receipt of such a complaint.
Articles 17 and 18. Prosecution of violations and application of sanctions. The Committee would be grateful if the Government would provide the information available on the action taken by the judiciary on the cases referred to it by the labour inspectorate.
Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes the data on the number of workplaces inspected, complaints examined, violations reported and recommendations issued by labour inspectors and the data on the amount of the fines imposed and the number of cases referred to the prosecution services. It however notes that the annual report on the work of the labour inspection services, the publication and communication to the ILO of which are envisaged in section 8(10) of Order No. 20 of 2000, approving the Regulations on the State Labour Inspectorate of the Ministry of Labour and Social Protection, and which the Government indicated had been provided to the Office, has not been received. It hopes that the Government will be in a position to provide a report published by the central inspection authority within the time limits set out in Article 20 of the Convention and that it will contain information on the subjects enumerated in points (a) to (g) of Article 21.
The Committee notes with interest the Government’s first report. So that it may better assess the effect given to the various provisions of the Convention, it would be grateful if the Government would provide additional information on the following points in its next report.
1. Legislation. Please send Decree No. 544 of 27 January 1997 issued by the President of the Republic establishing the State Labour Inspectorate, and Decree No. 20 of 19 November 2002 issued by the Cabinet of Ministers issuing the Statute of the State Labour Inspectorate.
2. Duties of labour inspectors. Please specify the extent to which labour inspectors are responsible for drawing the competent authority’s attention to shortcomings or abuses that are not specifically covered by the existing legal provisions (Article 3, paragraph 1(c), of the Convention). Please indicate the manner in which it is ensured that any further duties entrusted to labour inspectors are not such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers (Article 3, paragraph 2).
3. Training of labour inspectors. Please provide detailed information on the content and duration of initial training of labour inspectors and the nature of their subsequent training in the course of employment (Article 7, paragraph 3).
4. Appointment of both men and women. Please indicate the proportion of women on the labour inspectorate staff in the various duties and at all levels of responsibility (Article 8).
5. Size of the inspectorate staff. Please indicate the manner in which the number and distribution of inspectors in the country take account of the criteria set in Article 10 of the Convention.
6. Material resources for inspectors. Please provide information on the budgetary resources assigned to the premises and transport facilities made available to labour inspectors (Article 11, paragraph 1). Please specify the arrangements for reimbursing to labour inspectors any travelling and incidental expenses they need in order to perform their duties (Article 11, paragraph 2).
7. Notification of occupational diseases. Please indicate the arrangements made or envisaged to ensure that labour inspectors are informed of cases of occupational diseases, in accordance with Article 14 of the Convention.
8. Publication of an annual report. Please send to the ILO regularly and within the time limits established the publication containing the annual labour inspection report, in accordance with Articles 20 and 21 of the Convention.