Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Azerbaijan (Ratification: 1992)

The Committee notes the information provided by the Government with its report, in particular the entry into force of the new Labour Code of 1 February 1999 on 1 July 1999. Referring to its previous comments and to its comments related to Convention No. 106, the Committee requests the Government to provide further information on the following points.

Article 2 of the Convention. The Committee notes that section 5(2) of the Labour Code refers to the specific legislation on the legal status of public servants to be considered when applying the Labour Code to this category of employees. It asks the Government to supply copies of the relevant regulations on weekly rest in the public sector.

Articles 4 and 6. The Committee notes that work on a weekly rest day may be permitted under the special circumstances of section 107 in conjunction with section 101(1)(a) and (b) of the Labour Code. Furthermore overtime may be permitted in the exceptional cases listed under sections 99(2) and 101(1)(c)-(e) of the Labour Code. The Committee requests the Government to provide information on the practical application of the exceptions permitted under the Labour Code, indicating instances in which special permission has been granted to work on the weekly rest day, and on any consultations with the responsible associations of employers and workers which have occurred in this regard. Please also furnish a list of the exceptions made under Article 4 of the Convention.

Article 5. The Committee notes that, pursuant to section 109(2) of the Labour Code, work performed on a rest day may be compensated by granting another rest day or by remuneration at not less than twice the normal rate. The Committee points out that under this provision of the Convention, as far as possible, provision shall be made for compensatory periods of rest for suspensions of diminutions made in virtue of Article 4. It requests the Government to indicate what steps have been taken or are contemplated to ensure that, as far as possible, compensatory rest periods shall be granted, regardless of any cash compensation.

Article 7. The Committee requests the Government to indicate what legislative provisions ensure, in the cases of collective rest, that weekly rest days are made known to workers by means of notices posted at the workplace or, in the cases of special systems of rest, by rosters drawn up in accordance with the method approved by the legislation or by a regulation of the competent authority. Please supply specimen copies of notices and rosters specified in virtue of this Article.

Parts III and V of the report form. The Committee requests the Government to provide as much information as possible on the activities of the inspection services, including, where appropriate, relevant extracts from inspection reports and statistics on the number and nature of contraventions reported. Please also supply the legal provisions governing the organization and working of the labour inspection.