Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Azerbaijan (RATIFICATION: 1992)

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Articles 7(2) and 8(3) of the Convention. Permanent and temporary exemptions – Compensatory rest. The Committee notes that the Government’s report reproduces information provided previously and does not reply to the specific points raised in previous comments. The Committee draws once again the Government’s attention to sections 109 and 164 of the Labour Code which provide that an employee who has worked on a non-working day may at his free choice decide to be compensated either in the form of extra remuneration or in the form of another day off. The Committee recalls that the Convention requires workers who are deprived of their weekly rest to be granted compensatory rest in all cases, irrespective of any monetary compensation. The Committee accordingly requests the Government to take appropriate steps to bring the national legislation into line with the requirements of the Convention on this point.

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The Committee notes that Act No. 608-IIIQD of 16 May 2008 to amend and supplement the Labour Code repeals the last sentence of section 104(1) of the Code, which provided that weekly rest was to be at least 42 consecutive hours. It also notes that section 104 of the Code still provides for weekly rest of two days for workers occupied five days a week and one day for workers occupied six days a week.

Article 6 of the Convention. Length of weekly rest. In its report, the Government states that, according to Presidential Decree No. 949 of 23 October 2003, the monthly hours of work of public service employees may, in exceptional cases, be increased by no more than 17 hours, subject to an hourly overtime rate equal to twice their hourly pay. The Committee asks the Government to indicate whether the scheme of weekly rest of public service employees may be affected by this exception. The Government is also asked to provide a copy of the Public Service Act and of Presidential Decree No. 949 of 23 October 2003, referred to by the Government in its report.

Article 7, paragraph 1. Special weekly rest schemes. The Committee notes that, according to section 107 of the Labour Code, workers may be employed on the day of weekly rest in continuous production units, retail stores, public supply services, communications or other service enterprises. The Committee reminds the Government that according to Article 7, paragraph 1, of the Convention, special schemes, for which there must be prior consultation with the workers’ and employers’ organizations concerned, may be applied only where the nature of the work or of the service performed, the size of the population to be served, or the number of persons employed is such that the normal weekly rest scheme cannot be applied. It requests the Government to provide more detailed information on the manner in which relevant social and economic considerations were taken into account in establishing these special schemes, and on the consultations carried out in this connection with the social partners.

Article 7, paragraph 2, and Article 8, paragraph 3. Compensatory rest. The Committee again notes that, according to section 109(1) of the Labour Code, workers who work on the weekly rest day must be granted an alternative rest day or monetary compensation at double the rate. The Government indicates in this connection that workers who do so request are granted compensatory rest rather than monetary compensation. Further to its previous comments, the Committee points out that Articles 7, paragraph 2, and 8, paragraph 3, of the Convention provide that workers who are deprived of their weekly rest must have compensatory rest of at least 24 hours, regardless of any monetary compensation. It further points out that compensatory rest is essential to protecting the health and well-being of workers and so may not be replaced by compensation in cash. It therefore asks the Government to take the necessary steps to bring its legislation in line with Article 7, paragraph 2, and Article 8, paragraph 3, of the Convention.

Article 10, paragraph 2. Penalties. The Committee notes that, according to sections 310–313 of the Labour Code, any breach of the labour legislation is punishable by disciplinary, administrative or penal sanctions. The Committee reminds the Government that, according to Article 10 of the Convention, a system of appropriate sanctions must be set up to ensure that the Convention is effectively applied, and asks the Government to indicate the legal provisions that establish penalties applying specifically to breaches of the legislation on weekly rest, and to provide a copy of them.

Part V of the report form. Practical application. The Committee again asks the Government to provide general information on the manner in which the Convention is applied in practice including, for instance, statistics on the number of workers covered by the relevant legislation, and extracts from reports of the labour inspection services indicating the number and nature of contraventions reported and the penalties applied, etc.

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The Committee notes the information provided in the Government’s last report and the reply to its previous comments. It notes, in particular, the new Labour Code of 1 February 1999, which entered into force on 1 July 1999. The Committee requests the Government to provide further information on the following points.

Article 3 of the Convention. The Committee asks the Government to indicate in its next report to what extent effect has been given or is proposed to be given to the provisions of the Convention in respect of such establishments referred to in paragraph 1 of this Article, which have not been covered in virtue of a declaration made in conformity with paragraphs 1 and 2 of this Article. The Committee also notes that, according to section 4, the Labour Code applies to all enterprises, as well as to workplaces where an employment agreement exists. It thus appears that the Labour Code is also applicable to the establishments enumerated in paragraph 1 of this Article. If such is the case, the Committee invites the Government to consider communicating a declaration to the Office accepting the obligations of the Convention with respect to post and telecommunications services, newspaper undertakings and theatres and places of public entertainment, in accordance with paragraph 2 of this Article.

Article 7, paragraphs 2 and 3. The Committee notes that, according to section 109(2) of the Labour Code, workers working on a rest day shall be granted an alternative rest day or monetary compensation at a double rate. It recalls that, under the terms of Article 7, paragraph 2, of the Convention, all persons to whom special weekly rest schemes apply are entitled to a rest period of at least 24 hours in respect of each period of seven days. The Committee asks the Government to indicate the measures taken or envisaged to ensure compliance with the Convention in this respect, regardless of any monetary compensation.

Article 7, paragraph 4, and Article 8, paragraph 2. The Committee notes that section 104(2) of the Labour Code imposes days off to be granted in accordance with shift schedules approved by trade unions, but does not provide for the consultation of the representative employers’ organizations concerned. It further notes that, according to section 309(1) of the Labour Code, both representative trade unions and employers’ organizations shall ensure the social and economic rights of employees by general public controls. The Committee requests the Government to indicate the methods adopted for the consultation of the representative employers’ organizations in view of any exceptions, permanent or temporary, to the normal weekly rest scheme, except in case of accident, force majeure or urgent work, and with regard to the measures to be taken to ensure that workers subject to special weekly rest schemes still enjoy a weekly rest period of at least 24 hours.

Article 8, paragraph 3. The Committee notes that the Labour Code of 1999 has not brought the legislation into conformity with the Convention, inasmuch as section 109(2) provides, similar to section 98 of the former Labour Code, that work on a rest day must be compensated by another rest day or payment of monetary remuneration at a double rate. Referring to its previous comments, the Committee reiterates that, under Article 8, paragraph 3, of the Convention, the granting of compensatory rest is compulsory regardless of monetary compensation. It trusts that the necessary steps will be taken in the near future to ensure full compliance with the Convention in this respect and requests the Government to indicate, in its next report, any progress made.

Article 9. The Committee requests the Government to indicate whether wages are regulated by laws or controlled by administrative bodies. If this is the case, please indicate the measures which ensure that the application of the Convention does not cause a reduction of income of the persons covered by it.

Article 10, paragraph 1. Please supply the legal provisions governing labour inspection.

Part V of the report form. The Committee asks the Government to provide extracts from inspection reports and relevant statistics concerning the practical application of the Convention with its future reports.

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The Committee notes the information provided in the Government's report. The Committee requests the Government to provide additional information, in its next report, on the following points:

Article 6, paragraph 4, of the Convention. The Committee requests the Government to indicate the manner in which the traditions and customs of religious minorities are respected, as far as possible, with regard to weekly rest.

Article 7, paragraphs 2 and 3. The Committee requests the Government to indicate what measures exist to ensure that workers subject to special weekly rest schemes, are provided the minimum period of rest of at least 24 hours for every period of seven days.

Article 8, paragraph 1. The Committee requests the Government to take the suitable measures to introduce the necessary precise provisions into the Labour Code or other national legislation with regard to temporary exemptions, total or partial, including the suspension or reduction of the rest period, under the special cases specified in Article 8, paragraph 1, of the Convention.

Article 8, paragraph 3. The Committee notes that section 98 of the Labour Code provides that work on a rest day must be compensated, as agreed between the parties, by the allocation of another rest day or by payment of monetary remuneration at a double rate. The Committee observes that under Article 8, paragraph 3, of the Convention, the granting of compensatory rest is compulsory regardless of monetary compensation. It hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention in this respect.

Article 9. The Committee requests the Government to provide information on the effect given to this Article.

Article 11. The Committee requests the Government to supply lists of categories of persons and the types of establishment subject to special weekly rest schemes as provided for in Article 7, and information on the circumstances in which temporary exemptions may be granted under Article 8.