Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Articles 3, 5(a), 13, 14 and 21(f) of the Convention. Role of labour inspectors in the field of occupational safety and health and cooperation with other institutions. Notification of cases of occupational diseases and statistics thereof. The Committee notes the information provided by the Government, according to which joint training seminars on occupational diseases and their prevention have been held between the Ministry of Health (MH) and the Ministry of Labour and Social Protection (MLSP). The Committee further notes the Government’s explanation that through the analysis of samples, inspectors are in a position to recommend measures aimed at the prevention of occupational diseases. In this regard, it notes the Government’s indication that, in the framework of projects with the World Bank and the European Union (EU), the establishment of a central laboratory and two regional laboratories for the use of the labour inspection services were foreseen for the end of the year 2012 and that training courses were held for inspectors on using new and modern laboratory equipment and apparatus.

While the Committee welcomes these measures, which should enable inspectors to effectively assess the existence and degree of threats to the health or safety of workers and to order appropriate preventive measures, it however observes that the Government has not reported on any measures taken or envisaged for the establishment of a mechanism for the notification to the labour inspection services of cases of occupational diseases. In this regard, the Committee would like to refer the Government, once again, to paragraphs 118–127 of its General Survey of 2006 on labour inspection, where it emphasized that it is vital that formal mechanisms be put in place to provide the labour inspection with the data it needs to identify high-risk activities and the most vulnerable categories of workers or to ensure that it has access to the data on occupational diseases collected by other institutions. Such information is indispensable to enable labour inspectors to discharge their preventive function as effectively as possible and for the central inspection authority to compile the relevant statistics with a view to the development of an appropriate prevention policy. The Committee once again requests the Government to take the necessary legal and practical measures to determine the cases and manner in which labour inspectors shall be notified of cases of occupational disease, in accordance with Article 14, and to report on any progress made in this regard. Please also ensure that such data is included in future annual reports on the work of the labour inspection services.

Article 4. Organization and functioning of the labour inspection system under the supervision and control of a central authority. The Committee understands from available information in the Azerbaijani mass media that the State Labour Inspectorate (SLI), the State Employment Service (SESS) and the State Social Security Service (SSS) have been brought together under the auspices of the MLSP. It further understands that the structure and regulations of the MLSP and the regulations of the SLI, the SESS and the SSS have been approved by Governmental Order in 2011. In this regard, the Committee also notes the Government’s indication that in May 2012, a memorandum was signed setting out the conditions for cooperation between the SLI and the International Finance Corporation (IFC) with regard to the organization of the SLI. The Committee asks the Government, if applicable, to provide a copy of any legal texts on the organization and regulation of the MLSP, the SLI and the SSS. It would be grateful if the Government would provide an organizational chart of the MLSP and indicate what effects the structural changes have had on the operation of the labour inspection system. Please also send a copy of the memorandum of cooperation signed between the IFC and the SLI if possible, in one of the working languages of the ILO and provide information on any legislative or practical measures carried out in this framework.

Articles 15(c) and 16. Confidentiality of the source of any complaint. The Committee notes that the Government once again refers to the legal obligation of professional secrecy of labour inspectors, but that it has not provided the requested information on legislative measures taken to establish the obligation of confidentiality by labour inspectors as to the source of any complaint bringing to their notice a defect or breach of legal provisions as well as to the relation between the complaint and the visit. It however notes the Government’s reference to “a variety of measures” taken by the management of the SLI to guarantee “absolute confidentiality with regard to the source of information”, without providing any further details. Noting from the Government’s report that during the period from 1 June 2010 to 30 May 2012, the number of workplaces inspected was 11,623, and the number of complaints examined was 9,150, the Committee would like to emphasize, that in order for employers not to be inclined to systematically associate a visit with the existence of a complaint, it is important to ensure that a sufficient number of regular inspection visits are conducted, in relation to inspection visits following a complaint. This would enable inspectors to better guarantee absolute confidentiality with regard to the source of complaints and regarding any connection between a complaint and an inspection visit, thereby preventing the workers concerned from being exposed to possible reprisals. The Committee once again asks the Government to provide information on any measures taken to establish a legal basis for the principle of confidentiality of the source of any complaint made to the SLI. It further asks the Government to provide information on the measures taken by the management of the SLI to guarantee that the source of information is not revealed by inspectors during inspection visits following a complaint.

International and regional coordination and cooperation in the area of labour inspection. The Committee notes the Government’s reference to training activities and cooperation in the framework of the Regional Alliance of Labour Inspectors in South Eastern Europe, Azerbaijan and Ukraine (RALI), as well as the establishment of bilateral relations with labour inspection services in a number of countries, including Germany, Poland, the Russian Federation and Turkey. It further notes the information provided on projects with the World Bank and the European Union (EU), aimed at strengthening the SLI and enhancing its capacities in occupational safety and health (OSH), as well as several training activities provided to labour inspectors in this framework. According to the Government, the implementation of these projects will lead to the development of an OSH management system, and will include the review of national legislation with regard to EU legislation and the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197). The Committee would be grateful if the Government would provide further information on the activities carried out in the framework of the abovementioned projects with the World Bank and the EU, and any impact these activities may have on the application of the Convention. Please also continue to provide information on the activities carried out in the framework of the RALI, as well on any joint activities in the framework of bilateral agreements with other countries.

Articles 20 and 21. Publication of the annual report on the work of the labour inspection services and transmission to the Office. The Committee notes the information in the Government’s report relating to the period from 1 June 2010 to 30 May 2012 on the number of workplaces inspected, complaints examined, violations reported, recommendations issued, amount of fines imposed and number of industrial accidents occurred. However, it notes that the annual report on the work of the labour inspection services (of which according to the Government, only a few copies are produced for internal use of the MLSP), has not been received by the Office. In this regard, the Committee notes the Government’s indication that the results of the activities of the SLI are disseminated through the media, radio and television, and in electronic form and that a SLI website is currently being developed, which will contain information on the activities of the SLI, as well the annual inspection reports on its activities. The Committee asks the Government to provide information on the progress made with the development of the abovementioned website and the publication of the annual reports on the work of the SLI. It once again requests the Government to ensure that annual reports are forwarded to the Office, within the time limits set out in Article 20 of the Convention, and that they include information on all the subjects covered by Article 21 (a)–(g), needed to assess the level of application of the Convention. The Committee would be grateful if future annual reports would contain the information previously requested to the Government with regard to inspection activities concerning the enforcement of legal provisions relating to the protection of health and safety of workers (including in hot weather conditions).

Labour inspection and child labour. The Committee notes the Government’s reference to a memorandum between governmental and nongovernmental organizations providing for increased cooperation in the efforts to combat child labour, which was adopted in June 2012 at a round table with representatives of the SLI, the National Committee for Family, Women and Children Affairs, other interested Ministries and regional representatives of the ILO. Referring to its comments made under the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No. 182) on the number and situation of working children in Azerbaijan, the Committee once again asks the Government to provide information on the labour inspection activities aimed at combating child labour (number of inspection visits, infringement and nature of infringement reported, etc.), including on the activities carried out with other governmental and nongovernmental institutions, their results and impact on the protection of the rights of working children. The Committee requests the Government to ensure that such information is included in future annual report on the work of the labour inspection services, which according to the information provided, will be published on the website of the SLI.