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

Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) - Azerbaijan (Ratification: 1992)

The Committee notes the Government’s report. It requests the Government to supply further information on the following points.

Article 1 of the Convention. The Committee had previously noted that the Labour Code of 1999 applies only to persons bound by a contract of employment. The Committee had requested the Government to provide information on the manner in which young persons who are not bound by a contract of employment benefit from the protection afforded by the Convention. The Committee notes the Government’s information that the Labour Code applies to all workers who have concluded an employment contract with an enterprise, irrespective of its form of ownership. The Committee recalls that the Convention applies to all children and young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations. The Committee once again requests the Government to indicate the measures adopted or envisaged to ensure that self-employed children and children working in non-industrial occupations without a contract of employment benefit from the protection afforded by the Convention.

Article 2, paragraph 1. The Committee had previously noted that under the terms of section 254(2) of the Labour Code, employees under the age of 18 years are prohibited from working at night during the period from 8 p.m. to 7 a.m. The Committee takes note of section 91 of the Labour Code which provides for reduced working hours of 24 hours per week for employees up to the age of 16 years, and 36 hours per week for employees aged between 16 and 18 years. The Committee notes the Government’s information that as the standard working week is five days, the daily rest time of a worker under the age of 16 years shall be 18 hours, and that of a worker between 16 and 18 years shall be 16 hours. The Committee takes due note of this information.

Article 5. The Committee had previously noted that the Ministry of Labour and Social Protection, in cooperation with the Ministry of Culture and Tourism are currently in the process of preparing proposals to improve labour legislation with regard to artistic performances. The Committee requests the Government to provide information on the progress made in bringing about amendments to the labour legislation, in particular, with regard to provisions granting individual license to persons under 18 years to appear at night in public entertainments or to participate in the making of cinematographic films and to supply a copy of the same, once they have been adopted.

Article 6, paragraph 1(a). The Committee had previously noted that the application of the labour legislation is ensured by the Office of the Public Prosecutor and the State Labour Inspectorate (section 308 of the Labour Code). The Committee notes the Government’s information that public monitoring to ensure that workers and employers exercise their labour, social and economic rights and legal interests is conducted by the relevant trade union bodies and by a representative body of the employers. Noting the absence of information in the Government report on the functioning of the inspection system, the Committee once again requests the Government to provide information on the inspection system, its functioning and to indicate the number of violations detected. The Committee also requests the Government to indicate whether the system of inspection is adapted to the particular needs of the various branches of activities to which the Convention applies.

Paragraph 1(b). The Committee notes the Government’s information that employers make a registry of all workers employed by them, including those under 18 years. Enterprises register their workers by department and are obliged to provide the working schedule and hours of work to all categories of workers. The Committee also notes the Government’s information that the conditions of work, including the work schedule and working hours are set out in employment contracts. The Committee requests the Government to indicate the laws or regulations which require the employers to keep a registry showing the names, date of birth and hours of work of workers under 18 years of age.

Paragraph 1(c). The Committee notes the Government’s information that a national plan has been adopted by virtue of Instruction No. 60c of the Cabinet of Ministers of 14 April 2003, which among others, aims to strengthen monitoring of compliance with legislation regulating the use of child labour and sets out social research to study the situation of children working on the streets. The Committee requests the Government to provide information on the concrete measures taken under the plan of Instruction No. 60c of 2003 to monitor the implementation of the provisions of this Convention with regard to the identification and supervision of persons under 18 years of age engaged, on account of an employer or on their own account, in employment or occupations carried on in the streets or in places to which the public have access.

Paragraph 1(d). The Committee had previously noted that sections 310-313 of the Labour Code envisage the possibility of taking disciplinary, administrative and criminal action against employers, employees or other individuals, who are in breach of the labour legislation. The Committee had requested the Government to indicate the laws or regulations that provide for specific penalties for the breach of the provisions of the labour legislation. The Committee notes the absence of information in the Government’s report on this point. The Committee once again requests the Government to indicate in its next report the provisions, national laws or regulations which provide for specific penalties against those who violate the provisions of labour legislation.