Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Azerbaïdjan

Convention (n° 95) sur la protection du salaire, 1949 (Ratification: 1992)
Convention (n° 131) sur la fixation des salaires minima, 1970 (Ratification: 1993)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 131 (minimum wage) and 95 (protection of wages) together.

Minimum wage

Article 3 of Convention No. 131. Criteria for determining minimum wage levels. In its previous comments, the Committee requested the Government to provide information on how it ensured that the needs of the workers and their families were taken into account in determining minimum wage levels. The Committee takes note of the Government’s indications in its report that: (1) the minimum subsistence level is taken into account when determining the minimum wage level; (2) the minimum wage has increased significantly since 2004; (3) the Government is committed to bringing the minimum wage level closer to the average wage, as reflected in the concept of development “Azerbaijan 2020: Look into the Future” that was adopted by the President of the Republic through Decree No. 800 of 29 December 2012; and (4) the Government received technical assistance from the Office in 2015 on its minimum wage policy. The Committee requests the Government to continue to provide information on any developments in this respect.

Article 4(2). Participation of the social partners in the minimum wage fixing machinery. In its previous comments, the Committee observed that pursuant to section 155(6) of the Labour Code and section 5.3 of the Act on the Minimum Subsistence Level, the national minimum wage level was established by the Cabinet of Ministers without any reference to prior consultations. The Committee takes note of the Government’s indication that the Cabinet of Ministers, the Confederation of Trade Unions of Azerbaijan (AHIK) and the National Confederation of Entrepreneurs (Employers) of Azerbaijan (ASK) concluded a tripartite General Collective Agreement for 2016–17 by which the parties agreed to continue to gradually raise the minimum wage level.

Protection of wages

Article 4 of Convention No. 95. Partial payment of wages in kind. The Committee takes note of the information provided by the Government in its report in relation to wage payments in kind made in accordance with section 174(3) of the Labour Code.

Article 8. Deductions from wages. In its previous comments, the Committee noted that section 175(1) of the Labour Code allows deductions from wages based on the worker’s consent. Recalling that provisions of national legislation which permit deductions by virtue of individual agreements or consent are not compatible with Article 8 (2003 General Survey on the protection of wages, paragraph 217), the Committee requests the Government to take the necessary measures to bring the national legislation into conformity with Article 8.