Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (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.