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

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

The Committee recalls that the minimum age of 16 years was specified under Article 2, paragraph 1, of the Convention as regards Azerbaijan. It notes that while section 193 of the Labour Code (10 December 1971 with subsequent amendment) prohibits the employment of persons under the age of 16, the Individual Contracts of Employment Agreements Act, which entered into force on 21 May 1996, sets the minimum age for concluding an employment contract at 14 years. The Committee further notes the indication made by the Government in June 1997 at the United Nations Committee on the Rights of the Child that children could sign a contract of employment from the age of 16 and are authorized to do so from the age of 14 with the agreement of their parents or guardian (CRC/C/SR. 391, paragraph 22). The Committee 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. It also recalls that Article 7 of the Convention allows, as an exception, the employment or work of persons 13 to 15 years of age only on light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school. Other than such light work, work done by under-age children should be prohibited even if the parent gives consent. Therefore, the Committee asks the Government to indicate the measures taken or envisaged, pursuant to its declaration under Article 2, to ensure that access to employment of children of 14 and 15 years of age may be allowed, exceptionally, only for work meeting the criteria set out in Article 7.