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

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

Article 2(1) of the Convention. 1. Scope of application. The Committee had previously taken note of section 7(2) of the Labour Code of 1999, which rules that “labour relations shall be established upon the execution of a written employment contract”, and section 4(1) declaring that “this Code applies to all enterprises, establishments, organizations as well as workplaces where an employment agreement exists”. The Committee had requested the Government to supply information on the measures taken to ensure the application of the Convention to all types of work outside an employment relationship.

The Committee notes the absence of information in the Government’s report on this point. The Committee notes, however, that according to a survey conducted by the State Statistical Committee of the Republic of Azerbaijan in cooperation with ILO–IPEC, entitled: Working children in Azerbaijan – The analysis of child labour and labouring children survey, 2005, the majority of working children (about 65 per cent) are employed as unpaid family workers, while 25.1 per cent of children work on their own account and less than 10 per cent are wage workers. The survey further indicates that about 84.4 per cent of child labourers are found in the agricultural sector. Recalling that Convention No. 138 requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract, and observing that it has been raising this matter for several years, the Committee urges the Government to take the necessary measures to ensure that children carrying out an economic activity on their own account are granted the protection afforded by the Convention. In this regard, it requests the Government to envisage the possibility of taking measures to adapt and strengthen the labour inspection services so as to ensure that the protection envisaged by the Convention is provided to children who work on their own account or in the informal economy.

2. Minimum age for admission to employment or work. The Committee had recalled that the minimum age of 16 years was specified under Article 2(1) of the Convention as regards Azerbaijan. It had noted with regret that the Labour Code, in section 42(3), allows a person who has reached the age of 15 to be part of an employment contract; section 249(1) of the same Code specifies that “persons who are under the age of 15 shall not be employed under any circumstances”. Moreover, the Individual Contracts of Employment Agreement Act, section 12(2), sets the minimum age for concluding an employment contract at 14 years.

The Committee notes the Government’s information that pursuant to the amendments made to the Labour Code on December 2009 (Law of the Republic of Azerbaijan of 4 December 2009, No. 924-IIIQD), subsection (2) of section 249 shall be deleted. It notes, however, that this provision deals with admission of children of general vocational schools and who have attained the age of 14 years of age for industrial training. It also notes the Government’s information that section 46(4) of the Labour Code which was amended in 2009 states that the contracts concluded with persons who have not reached the age of 15 years shall be invalid. The Committee had observed for a number of years that sections 42(3) and 249(1) of the Labour Code and section 12(2) of the Individual Contracts of Agreement Act and section 46(4) of the Labour Code as amended, permit a child of 14 or 15 years to conclude a contract of employment, even though the specified minimum age for admission to employment or work is 16 years. The Committee once again 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. Observing that it has been raising this matter for several years, the Committee urges the Government to take the necessary measures to ensure that no children under the age of 16 years is permitted to work, except for light work as permitted under Article 7 of the Convention.

Article 3(2). Determination of types of hazardous work. The Committee had previously noted the Government’s indication that a list of arduous and hazardous industries or occupations where the employment of persons under 18 years of age is prohibited was approved by Decision No. 58 of the Cabinet of Ministers of the Republic of Azerbaijan on 24 March 2000. The Committee notes the Government’s indication that the list of hazardous work prohibited to children under 18 years and approved by Decision No. 58 of the Cabinet of Ministers shall be supplied to the Office in the near future. Observing that the list of hazardous types of work was adopted in 2000, the Committee expresses the firm hope that a copy of this list will be sent along with the Government’s next report.

Article 7. Light work. The Committee had previously noted that section 249(2) of the Labour Code allows youths who have reached the age of 14 to work after school hours in light duty work, which poses no hazard to their health, and upon the written consent of their parents. It had further noted that sections 91(2), 119(1) and 133(3) of the Labour Code lay down the conditions of work of persons under 16 years of age and sections 252 and 254 provide for the conditions of work of persons under 18 years of age. The Committee had recalled that according to Article 7(3) of the Convention, the competent authority shall determine the activities in which employment or work may be permitted as light work. Noting the absence of information in this regard, the Committee once again requests the Government to supply further information on the types of light work that are permitted for persons who have attained 14 years of age.

Article 9(1). Penalties. Following its previous comments, the Committee notes the Government’s indication that according to section 12(2) of the Labour Code as amended in 2009, an employer who violates the provisions related to the employment of persons who have not reached 15 years of age and the prohibition on engaging children in activities endangering their life, health or morality shall be brought to corresponding responsibility in accordance with the procedure established by law. It also notes the Government’s reference to sections 310–313 of the Labour Code which deal with the liability for violating the rights defined in this Code, as well as the disciplinary, administrative and criminal actions for the violation of the labour law. The Committee requests the Government to indicate the provision which establishes penalties for the breach of the provisions giving effect to the Convention.

Parts III and V of the report form. Labour inspection and practical application of the Convention. The Committee notes the Government’s indication that, according to section 308 of the Labour Code, the Office of the Public Prosecutor, as well as the State Labour Inspectorate, exercise control over the strict application of the Labour Code. Furthermore, the public control over the observance of the labour legislation shall be carried out by the trade unions and the employers’ organizations. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of 17 March 2006 (CRC/C/AZE/CO/2, paragraphs 61–62), expressed concern at the high number of working children in Azerbaijan, especially in rural areas, and that the regulations protecting children from exploitative and hazardous work are not consistently applied and respected. It also notes that according to the survey conducted in 2005 by the State Statistical Committee of the Republic of Azerbaijan in cooperation with ILO–IPEC, more than 156,000 children aged between 5 and 17 years are estimated to be engaged in some form of economic activity, out of which 84.4 per cent work in the agricultural sector, and about 67.6 per cent of working children are estimated to be engaged in hazardous work. The Committee expresses its concern over the number and situation of working children in Azerbaijan, as well as the weak enforcement of the Convention and accordingly urges the Government to redouble its efforts to improve this situation including through measures to strengthen the capacity and expand the reach of the labour inspection system. It requests the Government to provide information on the concrete measures taken in this respect and on the results achieved. The Committee once again asks the Government to supply data to give a general appreciation of the manner in which the Convention is applied, for instance, statistical data on the employment of children and young persons, extracts from the report of inspection services, and information on the number and nature of contraventions reported.

[The Government is asked to supply full particulars to the Conference at its 100th Session and to reply in detail to the present comments in 2011.]