Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Azerbaïdjan (Ratification: 2010)

Autre commentaire sur C156

Demande directe

2023
2017
2013

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Articles 1 to 4 of the Convention. Legislative developments. The Committee notes the adoption, in November 2022, of the Law on amending the Labour Code, and notes that section 16, as amended, prohibits discrimination on a number of grounds, including “family circumstances”, but that the term does not appear to be defined. It also notes that, in its report received in September 2022, the Government indicates that a draft law amending the Labour Code will introduce: (1) “workers with family responsibilities” as a prohibited ground of discrimination in employment and occupation under section 16; and (2) a definition of “workers with family responsibilities”. The Government adds that the scope of “member of the immediate family” under the Convention, is still under consideration and has not been determined yet. The Committee requests the Government to clarify: (i) the meaning and scope of “family circumstances” in section 16 of the Labour Code; and (ii) whether it is still envisaged to adopt the Labour Code (Amendments and Additions), which would insert a definition of “workers with family responsibilities” and define the scope of “member of the immediate family”.

Article 2. Application to all categories of workers. The Government indicates that the employment of categories of workers excluded from the Labour Code is regulated by separate pieces of legislation concerning the relevant fields. Noting this information, the Committee requests the Government to provide specific information on the measures concerning workers with family responsibilities provided by these specific pieces of legislation.

Article 3. National policy. The Committee notes that the Government is silent on this point. Referring to paragraphs 193 to 199 of its 2023 General Survey, achieving gender equality at work, the Committee recalls that Article 3 calls on Member States to make it an aim to support workers with family responsibilities within their national policies. It also recalls the importance, when designing and adopting national policy measures in support of workers with family responsibilities, of taking closely into account the prevailing gender roles so that both men and women can equally access and engage in employment to the extent they wish to do so. The Committee asks the Government to provide detailed information on: (i) the legal and practical measures taken to enable persons with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their employment and family responsibilities; and (ii) any measures taken or envisaged to promote a fair distribution of family responsibilities.

Article 4. Right to free choice of employment. With regard to the general prohibition of night work for women with children under 3 years of age contained in section 98(1) of the Labour Code, the Committee notes the Government’s indication that the draft law amending the Labour Code will add a third paragraph to section 98 of the Labour Code, to provide that “the particular needs of workers with family responsibilities, including needs relating to the performance of their family responsibilities, shall be taken into account when setting ordinary working hours and assigning night shifts, where the necessary justifications and practical possibilities exist”. The Government further indicates that the draft amendments will allow pregnant women, women with children aged under 14 years or children with special needs access to night work, overtime and work on holidays and other days considered to be non-working days and to allow them to be sent on business travel provided they give their written consent. However, the Committee notes that the adoption of the Law on amending the Labour Code in November 2022 did not fully implement the changes announced by the Government: (1) a third paragraph has not been added to section 98; (2) section 242 of the Labour Code continues to prohibit work on night shift, on overtime, on the weekend or a holiday, or sending them on business trips for pregnant women and women with children below the age of 3 years. While women with children between the ages of 3 and 14 and those with a child that has an established disability, may perform such work only with their written consent; (3) section 91(2) limiting the working hours of women with children under one-and-a-half years of age was not amended; and (4) section 246 of the Labour Code continues to apply these prohibitions to single fathers, foster parents, or legal guardians. The Committee asks the Government to indicate how it is ensured that the prohibitions for women with children under 3 years of age and for single fathers, foster parents or legal guardians under specified conditions pursuant to sections 98(1), 242(1) and 246 of the Labour Code and the restrictions regarding working hours of women with children under one-and-a-half years of age pursuant to section 91(2) of the Labour Code do not adversely affect the labour force participation of women workers with family responsibilities.

Entitlements for men and women workers with family responsibilities. The Committee notes that the protection of fathers who are raising children on their own under section 246 of the Labour Code is not afforded to all fathers, on an equal footing with mothers. The Committee recalls that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. Referring to paragraph 175 of its 2023 General Survey, the Committee recalls that legislative or other measures designed to assist men and women workers with family responsibilities to better balance work and family care are essential for the promotion of gender equality in employment and occupation, and that the measures adopted in this regard, including the redistribution and progressive equalization of leave entitlements between care givers, are consistent with the principles of equality of opportunity and treatment. Care therefore needs to be taken when designing and adopting measures to promote effective equality for men and women through a balanced distribution of family responsibilities that they do not have the effect of perpetuating gender stereotypes. The Committee therefore once again asks the Government to indicate any measures taken or envisaged to ensure that the entitlements provided for under the Labour Code are available to both men and women with family responsibilities on an equal footing, and not only to fathers who are raising children without a mother.

Other leave entitlements. Noting the absence of information provided in this regard, the Committee once again asks the Government to provide: (i) statistical information, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements under section 130 of the Labour Code; and (ii) information on any other measures taken to take account of the needs of workers with family responsibilities in the public and private sectors with respect to conditions of work and social security.

Article 5. Childcare and family services and facilities. Noting that the Government, once again, does not reply to its previous request on this point, the Committee once again asks the Government to provide information on: (i) the extent and nature of childcare and family services available for men and women workers with family responsibilities; and (ii) the number of workers with family responsibilities making use of the existing services and facilities.

Article 6. Education for the public. The Committee welcomes the information provided by the Government in its report regarding awareness-raising activities carried out on gender equality. It notes in particular that the gender-sensitive, innovative communication and media campaign to promote the gender-equitable parental leave policy was launched within the framework of the “European Union for Gender Equality: Against Gender Stereotypes and Gender-Based Violence (EU4GE)” Programme implemented by the United Nations Population Fund (UNFPA) and the United Nations agency for women’s affairs (UN Women) with the financial support of the European Union. Welcoming the Government’s efforts in this regard, the Committee asks it to continue to take measures to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment between men and women, and of the problems encountered by persons with family responsibilities who are employed or who want to become employed and on the impact of these activities on public opinion.

Article 7. Integration in the labour force. The Committee requests the Government to provide information on any practical and legal measures taken or envisaged to take into account the specific needs of male and female workers with family responsibilities in order to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities, by indicating any measures in place, including training, to ensure that following a period of absence such as maternity, paternity, parental and adoption leaves, the employee is entitled to return to work to the same or equivalent position.

Article 8. Protection against dismissal on the ground of family responsibilities. Noting that no information is provided on this point, the Committee asks the Government to consider providing protection against dismissal for both men and women workers with family responsibilities on an equal footing, and not only to women and fathers raising their child alone, as provided for in section 79(1) of the Labour Code.

Article 11. Workers’ and employers’ organizations. The Committee takes note of the Government’s general indication that the work and decision-making of the Tripartite Commission on Social and Economic Affairs are guided, inter alia, by the principle of gender equality. The Committee repeats its request for information on any specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, including through the Tripartite Commission.

Enforcement and practical application. In the absence of new information in the Government’s report, the Committee once again asks the Government to provide information on: (i) the activities of the supervisory authorities and enforcement mechanisms, including) any administrative or judicial decisions, relating to discrimination based on family responsibilities; and (ii) any studies, surveys or reports, including statistical data disaggregated by sex indicating how progress is being made to address existing inequalities between men and women workers with family responsibilities and between those workers and workers without such responsibilities.