Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Labour Inspection Convention, 1947 (No. 81) - Azerbaijan (Ratification: 2000)

The Committee notes the information provided by the Government in reply to its previous comments on the duties and training of inspectors and on the staff numbers of the labour inspectorate. It would be grateful if the Government would provide information in its next report on the following points.

Articles 11 and 16 of the Convention. Transport facilities and reimbursement of transport expenses paid out by inspectors. Inspections. According to the Government, when inspectors travel to the regions to discharge their duties, their mission expenses are paid, in accordance with the legislation. However, transport is neither provided nor paid for. With a view to ensuring that labour inspectors are able to carry out inspections as often as necessary, in accordance with Article 16, the Committee requests the Government to take the necessary measures to provide them with adequate transport facilities or to reimburse the transport expenses that they have paid out. The Government is also requested to provide a copy of the legislation respecting the mission expenses of inspectors.

Article 14. Notification of cases of occupational disease. In reply to the Committee’s request on this subject, the Government indicates that when an inspector believes that an occupational disease may develop at a workplace, tests are carried out in the laboratories of the labour inspectorate. If these tests reveal factors likely to give rise to such a pathology, instructions are issued by the inspector to the director of the enterprise so that measures are taken for their elimination. The Committee takes due note of these preventive measures. Nevertheless, it would be grateful if the Government would indicate whether, as required by this Article of the Convention, the legislation establishes the cases and manner in which industrial accidents and cases of occupational disease shall be notified to the labour inspectorate and, if so, to specify the information and notification procedure envisaged for this purpose.

Article 15(c). Obligation of confidentiality by labour inspectors. The Committee requests the Government to indicate whether the legislation establishes the obligation for inspectors to treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and requiring that they shall give no intimation to the employer or his or her representative that a visit of inspection was made in consequence of the receipt of such a complaint.

Articles 17 and 18. Prosecution of violations and application of sanctions. The Committee would be grateful if the Government would provide the information available on the action taken by the judiciary on the cases referred to it by the labour inspectorate.

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes the data on the number of workplaces inspected, complaints examined, violations reported and recommendations issued by labour inspectors and the data on the amount of the fines imposed and the number of cases referred to the prosecution services. It however notes that the annual report on the work of the labour inspection services, the publication and communication to the ILO of which are envisaged in section 8(10) of Order No. 20 of 2000, approving the Regulations on the State Labour Inspectorate of the Ministry of Labour and Social Protection, and which the Government indicated had been provided to the Office, has not been received. It hopes that the Government will be in a position to provide a report published by the central inspection authority within the time limits set out in Article 20 of the Convention and that it will contain information on the subjects enumerated in points (a) to (g) of Article 21.