Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 2(1) of the Convention. 1. Scope of application and the application of the Convention in practice. The Committee previously observed that the provisions relating to the minimum age of admission to employment or work in the Labour Code did not appear to apply to work performed without an employment agreement, including self-employment or work in the informal sector. It noted the Government’s statement that the Convention constitutes part of the labour legislation in the country, and must therefore be implemented by all employers and private individuals. The Committee also noted the Government’s statement during the discussions of the Conference Committee on the Application of Standards in June 2011 that, as of January 2011, 20,000 children were working in agriculture, out of which 5,000 were self-employed. In this regard, the Conference Committee urged the Government to take concrete measures to ensure that the protection envisaged by the Convention was provided to children who work on their own account or in the informal economy.

The Committee notes the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that during the period from 2012 to 2013, the Labour Inspection Service inspected 16,887 enterprises in all sectors of the economy, including 431 agricultural enterprises, regardless of ownership and legal form, and identified five cases of violations of the rights of workers under 18 years of age for which a total fine of 5,000 Azerbaijani new manat (approximately US$6,374) were imposed on the employers found guilty. The Committee further notes the Government’s indication that the Ministry of Labour and Social Protection and the State Committee on the Family, Women and Children signed a joint action plan to prevent the exploitation of child labour for the period 2013–15 which is being implemented in cooperation with the competent State bodies, non-governmental organizations (NGOs) and the social partners. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of 2012, expressed its concern at the significant numbers of children involved in informal work in the agricultural sectors of tea, tobacco and cotton, including in hazardous situations (CRC/C/AZE/CO/3-4, paragraph 69). The Committee therefore once again urges the Government to take measures to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy, particularly on cotton, tobacco and tea plantations. It requests the Government to provide information on specific measures taken in this regard, as well as on the results achieved. The Committee also requests the Government to continue providing information on the number and nature of violations relating to the employment of children and young people detected by the labour inspectorate, the number of work-related deaths, injuries or illnesses of children working in agriculture and, separately, in all other occupations, the number of persons prosecuted and penalties imposed. The Committee finally requests the Government to provide information on the measures implemented within the framework of the joint action plan to eliminate child labour and their impact.

2. Minimum age for admission to employment or work. The Committee previously noted that, upon ratification of the Convention, the minimum age of 16 was specified under Article 2(1) of the Convention. However, it noted that section 42(3) of the Labour Code allows a person who has reached the age of 15 to be part of an employment contract and section 249(1) specifies that “persons who are under the age of 15 shall not be employed under any circumstances”. In this regard, the Committee noted that pursuant to technical assistance from the ILO, a draft had been developed entitled: “On amendments and adjustments to some legal acts of the Republic of Azerbaijan to give effect to the implementation of the ILO Minimum Age Convention, 1973 (No. 138)”, (draft amendments to the labour law) which proposed to amend section 249(1) of the Labour Code to raise the minimum age for admission to employment from 15 years to 16 years of age.

The Committee notes the Government’s indication that work is still under way to improve the labour law with the technical support from the ILO. The Committee therefore once again urges the Government to take the necessary measures to ensure the adoption, in the near future, of the amendments to the labour law which will establish a minimum age of 16 years for admission to employment or work in all sectors. The Committee requests the Government to provide information on any progress made in this regard as well as to provide a copy, once it has been adopted.

Article 7. Light work. The Committee 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 work, which poses no hazard to their health, and upon the written consent of their parents. It also noted that the draft amendments to the labour law proposed to amend paragraph 2 of section 249 of the Labour Code to state that persons between 15 and 16 years of age are allowed to do light work that does not affect their health and development, school attendance in compulsory secondary education, vocational guidance and other training programmes, or the opportunity to benefit therefrom. The Committee notes the Government’s indication that the labour law is currently being amended in order to identify types of light work activities permitted to children between 15 and 16 years of age. The Committee requests the Government to take the necessary measures to ensure the adoption, in the near future, of the amendments to the labour law which will determine the types of light work activities permissible to persons between the ages of 15 and 16. The Committee requests the Government to provide information on any progress made in this regard as well as to provide a copy, once it has been adopted.