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

Minimum Age Convention, 1973 (No. 138) - Azerbaijan (Ratification: 1992)

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).