Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Guarding of Machinery Convention, 1963 (No. 119) - Azerbaijan (Ratification: 1992)

The Committee notes that the information provided by the Government in its latest report contains no new information regarding progress in relation to the draft legislation reportedly under discussion with a view to giving effect to the Convention. The Committee hopes that the Government’s next report will contain full information on the matters raised in its previous observation which read as follows:

Article 11(1) of the Convention. Prohibition to use machinery without the guards provide being in position. The Committee notes that, in addition to referring to general provisions in sections 213 and 215 of the Labour Code concerning the powers of the executive authorities in the labour protection field and the responsibilities of the owner of an enterprise and the employer in relation to occupational safety and health, the Government indicates that regulations were being developed in order to give effect to this provision of the Convention. The Committee hopes that the draft legislation giving effect to this provision of the Convention will be adopted in a near future and requests the Government to transmit copies thereof once it has been adopted.

Article 12. Protection of the rights of workers under national social security or social insurance legislation. The Committee notes the Government’s additional information that a “Life Requiring Compulsory Personal Insurance Against Industrial Accidents” has been elaborated in accordance with paragraph 2.6 of the “State Programme for the Implementation of the Employment Strategy of the Republic of Azerbaijan (2007–10)” approved by Decree No. 167 of 15 May 2007 as well as section 211 of the Labour Code. It also notes that a draft Law on “Compulsory Personal Insurance of Employees against Industrial Accidents and Occupational Diseases” is being elaborated. The Committee hopes that the draft law will be adopted in the near future and requests the Government to transmit copies of relevant legislation once it has been adopted.

Article 13. Application to self-employed workers of the obligations of employers and workers. The Committee notes the information provided concerning the ongoing revision of the Labour Code and the declared intent of the Government to introduce amendments and additions thereto regulating the responsibilities, inter alia, of independent employees. The Committee hopes that these amendments will be adopted in a near future and requests the Government to transmit copies thereof once they have been adopted.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from labour inspection services reports, statistics on the number of workers covered by the legislation, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

[The Government is asked to reply in detail to the present comments in 2011.]