Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Azerbaijan

Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) (Ratification: 1992)
Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) (Ratification: 1992)

In order to provide a comprehensive view of the issues relating to the application of the Conventions on night work of young persons ratified, the Committee considers it appropriate to examine Conventions Nos 79 and 90 in a single comment.

Article 1 of Convention No. 79. Scope of application. In its previous comments, the Committee noted that the Labour Code of 1999 applies only to persons bound by a contract of employment. It also noted the Government’s information that the Labour Code applies to all workers who have concluded an employment contract with an enterprise, irrespective of its form of ownership. The Committee further noted the Government’s information that within the framework of the European Union’s Eastern Neighbourhood, measures were being taken to implement the country’s national legislation in the area of labour and labour relations in accordance with international norms, especially by enhancing the operations of the State Labour Inspection Service (SLIS).

The Committee notes the Government’s indication in its report that according to the State Labour Inspection Service Regulations, approved by Presidential Decree No. 386 of 2011, the SLIS exercises oversight over compliance with the Labour Code and other labour laws and regulations. It also notes the statistical information provided by the Government on the number of inspections and infringements of labour law in the formal sector recorded by the SLIS. However, no information on supervision in non-industrial occupations have been provided. The Committee once again recalls that Convention No. 79 applies to all children and young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations. The Committee therefore requests the Government to provide information on the manner in which young persons who are not bound by a contract of employment benefit from the protection afforded by the Convention. In this regard, the Committee requests the Government to take the necessary measures to adapt and strengthen the labour inspection services so as to ensure that the protection envisaged by the Convention is provided to self-employed children and children working in non-industrial occupations without a contract of employment. It requests the Government to provide information on any measures taken in this regard.

Article 5 of Convention No. 79. Granting of individual licences for public entertainment and making of cinematographic films. The Committee previously noted the Government’s information that the Ministry of Culture and Tourism was preparing a draft instrument defining the procedure, type and labour remuneration for workers involved in cultural activities, including young persons.

The Committee notes the Government’s information that Decision No. 3-1 of 2011 of the Ministry of Labour and Social Protection approved the Uniform Pay and Qualification Reference Guide for Public Servants working in Tourism-related Enterprises and in the Sphere of Cultural education proposed by the Ministry of Culture and Tourism. The Committee requests the Government to indicate whether Decision No. 3-1 of 2011 or any other provisions under national legislation contain provisions with regard to the granting of individual licences to persons under 18 years of age to appear at night in public entertainments or to participate in the making of cinematic films in accordance with Article 5(1) and under conditions laid down under Article 5(4) of the Convention.

Articles 6(1)(a) of Convention No. 79 and 6(1)(d) of Convention No. 90. Public inspection and supervision. Following its previous comments, the Committee notes the Government’s information that the SLIS employed a total of 365 officials in its central administration and 23 at the regional centres situated across the country. The Government also indicates that public oversight over implementation of the labour, social and economic rights and lawful interests of workers and employers are also exercised by the corresponding trade unions and employers’ representative bodies. The Committee further notes that the statistical information provided by the Government on the labour inspection activities of the SLIS does not refer to any infringements with regard to night work by children under 18 years of age in industrial or non-industrial occupations.

Articles 6(1)(b) of Convention No. 79 and 6(1)(e) of Convention No. 90. Keeping of registers. The Committee had previously noted the Government’s information that employers make a registry of all workers employed by them, including those under 18 years and that the enterprises register their workers by department and are obliged to provide the working schedule and hours of work to all categories of workers. The Committee had also noted the Government’s information that the conditions of work, including the work schedule and working hours are set out in employment contracts. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the laws or regulations which require the employers to keep a registry showing the names, date of birth and hours of work of workers under 18 years of age. It also requests the Government to supply a copy of the laws or regulations stipulating the above provisions.