Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Azerbaiyán

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 2000)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 2000)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Azerbaijan Trade Unions Confederation (ATUC) on Conventions Nos 81 and 129, received on 12 September 2025. The Committee requests the Government to provide its comments in this respect.

Articles 12 and 16 of Convention No. 81 and Articles 16 and 21 of Convention No. 129. Limitations and restrictions to labour inspections. Powers of labour inspectors. 1. Moratorium and restrictions on labour inspections. Further to its previous comments, the Committee notes with deep concern that the Law of the Republic of Azerbaijan dated October 20, 2015, No. 1410-IVQ “On Suspension of Inspections in the Field of Entrepreneurship”, has been amended to extend the suspension of inspection activities by the State Labour Inspection Service (SLIS) to 1 January 2026. The Committee also notes the Government’s indication in its report that pursuant to Law No. 1410-IVQ, the SLIS did not conduct any in-person inspections, but has taken other measures, such as processing complaints and referring citizens to mediation centres, and carrying out monitoring through the Labour and Employment electronic information subsystem (ЕМАS). Recalling with deep concern that a moratorium placed on labour inspection is a serious violation of the Conventions and with reference to its 2019 general observation on the labour inspection Conventions, the Committee strongly urges the Government to eliminate the temporary ban on inspections and to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of Convention No. 81 and Article 21 of Convention No. 129.

2. Other limitations on labour inspections. The Committee notes with concern that, further to its previous comments, the provisions of Law No. 714-IVQ of 2 July 2013 regulating inspections of business and protecting the interests of business owners, which impose restrictions on labour inspectors’ powers, have not been amended. Those restrictions concern: (i) the frequency of inspections (section 10); (ii) the scope of unscheduled inspections (section 16); (iii) the ability of labour inspectors to undertake inspection visits without previous notice (section 17.3); (iv) the duration of inspections (section 18); and (v) the issues that can be examined in the course of inspections (section 19). In addition, the Committee notes that, according to the Government, 25 new parameters have been developed as part of the criteria to determine risk groups for the purpose of monitoring compliance with labour legislation. The Committee also notes the Government’s indication that it is elaborating a draft law to amend the Labour Code and the Code of Administrative Offences and specify that labour inspection consists of two stages: monitoring and inspection visits. The Government also indicates that, according to this draft law, inspection visits could only be conducted to determine whether violations detected during the monitoring phase have been remedied. The Committee notes that this could further restrict labour inspectors’ ability to inspect workplaces as often and as thoroughly as is necessary. The Committee urges the Government to take the necessary measures to ensure that any draft legislation proposed is fully in line with the requirements of Convention No. 81 and Convention No. 129.The Committee once again urges the Government to take all necessary measures to revise Law No. 714-IVQ, in order to ensure that labour inspectors: (i) are empowered to make visits to workplaces liable to inspection without previous notice, in conformity with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129; (ii) are empowered to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed in conformity with Article 12(1)(c) of Convention No. 81 and Article 16(1)(c) of Convention No. 129; (iii) can choose not to notify the employer or their representative of their presence, if they consider that such notification may be prejudicial to the performance of their duties, in accordance with Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129; and (iv) are empowered to inspect workplaces as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 16 of Convention No. 81 and Article 21 of Convention No. 129. The Committee requests the Government to indicate how the newly developed parameters to determine risk groups for monitoring compliance with labour legislation are applied to plan inspections.

Articles 15(c) and 16 of Convention No. 81 and Articles 20(c) and 21 of Convention No. 129. Confidentiality of the source of any complaint. In the absence of information in response to its previous request, the Committee requests the Government to take the necessary measures to ensure that, in law and in practice, labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, in accordance with Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129.

The Committee is raising other matters in a request addressed directly to the Government.