Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Article 2(1) of the Convention. 1. Scope of application and application of the Convention in practice. The Committee previously took note of the significant number of children involved in informal work in the agricultural sector, as well as children who work on their own account. The Committee notes the Government’s indication in its report concerning the establishment of a Working group on 22 April 2024. This group comprises representatives from the State Committee for Family, Women and Children Affairs, the National Confederation of Entrepreneurs’ (Employers’) Associations, the Ministry of Internal Affairs, the Ministry of Science and Education, the Ministry of Health, the Small and Medium Business Development Agency and the Baku City Chief Executive Office. Its primary objective is to identify and prevent cases of child labour, facilitate inter-agency coordination and strengthen joint efforts. Furthermore, the Labour Policy Department of the Central Office of the Ministry of Labour and Social Protection has been designated as the lead body for organizing training sessions on the elimination of child labour. The Government also refers to the electronic database for the implementation of children’s rights, along with the working group that has been established to ensure its operation. In addition, the Government informs that a meeting was held on 14 May 2024 with the United Nations Children’s Fund representative for Azerbaijan to study international experiences in preventing child labour.

The Committee notes from the Government’s report that between 2020 and the first seven months of 2024, 14 cases of employment of children under the age of 15 were identified. This resulted in a total amount of fines of 15,400 Azerbaijani manats, imposed under section 192.8 of the Administrative Offences Code. In one specific case, an administrative fine of 3,000 Azerbaijani manats was levied against the employer for involving children in activities that could jeopardize their life, health, or morality.

The Committee further notes that, in its comments on the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), it raised concerns regarding the moratorium and various restrictions imposed on labour inspections. The Committee also notes that the United Nations Committee on the Rights of the Child, in its 2023 concluding observations, recommended that the State party resume labour inspections and strengthen the monitoring of the informal sector of the economy, preventive work with families and the capacity-building of employers, farmers, local authorities and other relevant stakeholders (CRC/C/AZE/CO/5-6, para. 41). Moreover, in 2023, the European Committee of Social Rights concluded the non-conformity of Azerbaijan with Article 7(1) of the European Social Charter on the grounds that the prohibition of employment of children under the age of 15 is not effectively enforced in practice, in particular in the informal economy and agriculture.

While taking note of the measures taken by the Government, the Committee observes that the number of detected cases of child labour remains low. The Committee therefore requests the Government to strengthen its measures to ensure that the Convention is applied to children and young persons who perform work without an employment agreement, including in self-employment or work in the informal economy. In this respect, the Committee once again urges the Government to take the necessary measures to strengthen the Labour Inspectorate services to effectively monitor and detect cases of child labour. It also requests the Government to continue to provide information on the number and nature of violations relating to the employment of children and young persons detected by the Labour Inspectorate, as well as the penalties imposed.

2. Minimum age for admission to employment or work. For many years, the Committee has been pointing out that the minimum age of 16 years for admission to employment or work specified by the Government pursuant to Article 2(1) of the Convention, upon its ratification, is not established in the national legislation. In particular, section 42(3) of the Labour Code allows a person who has reached the age of 15 years to be part of an employment contract, and section 249(1) prohibits the employment of persons under the age of 15.

The Committee once again notes with concern that the relevant provisions of the Labour Code have not been amended to raise the minimum age for admission to employment or work from 15 to 16 years. The Committee further notes the Government’s indication that general secondary education, lasting nine years, concludes at the age of 15, in line with the Education Act of 2009. According to the Government, raising the age of admission to employment from 15 to 16 years would limit the current rights and opportunities of 15-year-olds who have completed their general secondary education to engage in labour activities, and could negatively impact their social situation.

The Committee recalls once again that, upon ratification of the Convention in 1992, the Government specified the age of 16 as the minimum age for admission to employment or work, in line with Article 2(1). The Committee further recalls that the Convention does not permit lowering the minimum age once specified. The Committee further notes that, while the minimum age for admission to employment or work shall be 16 years, as specified by the Government, young persons under the age of 16 may be permitted to perform light work, provided that such activities are determined by the competent authority and are subject to the conditions set out in Article 7 of the Convention.

The Committee once again strongly urges the Government to take the necessary measures, without further delay, to ensure the establishment of a minimum age of 16 years for admission to employment or work in the Labour Code. The Committee further invites the Government to consider having recourse to Article 7 of the Convention, in particular by determining the types of light work that may be permitted for young persons between the ages of 15 and 16.