Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Protection of Wages Convention, 1949 (No. 95) - Azerbaijan (Ratification: 1992)

The Committee notes the information supplied by the Government in its report, in particular the adoption of the new Labour Code of 1 February 1999. In this connection, it requests the Government to supply more detailed information on the following points.

Article 2 of the Convention. The Committee notes that under section 6 of the Labour Code certain categories of persons are excluded from its scope of application, for instance, persons performing jobs under contractor, task, commission, author and other civil contracts. The Committee recalls, however, that the Government in its first report has not made use of the permissive provision of Article 2, paragraph 3, of the Convention and has not indicated any categories of workers that it proposed to exclude from the application of all or any of the provisions of the Convention. The Committee draws the Government’s attention to the fact that pursuant to its Article 2, paragraph 1, the Convention applies to all persons to whom wages are paid or payable, and therefore requests the Government to specify the measures taken or envisaged to extend the coverage of the national legislation on wage protection to the abovementioned categories of workers.

In addition, the Committee notes that under section 3(5) of the Labour Code, the term "employment contract" refers only to written contracts and that section 7(2) of the Code provides that labour relations are established upon the execution of a written employment contract. The Committee therefore asks the Government to indicate how wages are protected in cases of employment by virtue of unwritten contracts (e.g. in case of employment at individual peasant or family enterprises in the agricultural sector, where according to section 258(3) of the Labour Code, employment contracts may exceptionally be concluded verbally).

Article 3(1). The Committee notes that there is no specific provision in the Labour Code expressly prohibiting the payment of wages in the form of promissory notes, vouchers or coupons, or any other form alleged to represent legal tender. The Committee asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 4. Further to its previous comment, the Committee asks the Government to indicate: (i) whether wage payment in kind is limited to those industries or occupations where such mode of payment is customary or desirable because of the nature of the industry or occupation, as set out in Article 4, paragraph 1, of the Convention; and (ii) how is ensured in practice that the goods and products offered in lieu of money are appropriate for the personal use and benefit of the worker and his/her family and that they are valued fairly in accordance with Article 4, paragraph 2, of the Convention. In addition, the Committee would be grateful if the Government could clarify whether by authorizing as much as 50 per cent of the full cash wage to be paid in the form of allowances in kind, adequate cash remuneration is left to cover the subsistence needs of the worker and his/her family.

Article 6. With reference to its previous comment, the Committee recalls that this Article of the Convention requires an appropriate legislative provision specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. Therefore, the Committee again asks the Government to indicate the measures taken or contemplated to give effect to the Convention in this regard.

Article 7. The Committee notes the Government’s statement that, in principle, works stores may not be established within the enterprise except for the convenience of the workers, and that their operation is regulated by general commercial legislation which does not provide for any preferential treatment or special measures for the workers concerned. The Committee would appreciate receiving additional information on the operation of works stores, in particular on the measures taken to ensure that: (i) workers are free from any coercion to use them; (ii) the goods are sold and services provided at fair prices; and (iii) the system is not operated for profit but for the benefit of the workers concerned, as set forth in this Article of the Convention.

Article 8. The Committee notes that section 175(1) of the Labour Code allows for wage deductions to be made by virtue of the worker’s written consent. The Committee is bound to recall, however, that under this Article of the Convention, the types and extent of permissible deductions should be prescribed by national laws or regulations or fixed by collective agreements or arbitration awards and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted with the worker’s written consent. In addition, the Committee asks the Government to indicate the manner in which workers are informed of the conditions under which and the extent to which deductions may be made in general, as set out in Article 8, paragraph 2, of the Convention.

Article 10. The Committee requests the Government to specify the laws or regulations prescribing the conditions under which and the limits within which wages may be assigned.

Article 11. The Committee notes that the Government refers to the Insolvency and Bankruptcy Act of 1997 according to which wage claims are granted the third position among privileged debts after unpaid taxes and reparation claims for personal injury or death. The Committee requests the Government to supply a copy of the abovementioned Act.

Article 13(2). The Committee requests the Government to indicate the measures taken to ensure that payment of wages is not carried out in taverns and other similar establishments, or in retail stores and places of amusement except in the case of persons employed therein.

Article 15(c). Further to its previous comment, the Committee again asks the Government to supply information on the specific penalties prescribed for violations of the legislation on wage protection.

Part V of the report form. The Committee notes the statistical information provided by the Government in its report on the number of complaints filed with the Labour Inspectorate in 1999 for unpaid or miscalculated wages, the total amount of wages paid following the intervention of the Labour Inspectorate as well as the number of cases referred to judicial authorities for legal action. It requests the Government to continue to supply appropriate information in future reports, particularly on the results of inspection visits, the number and nature of the violations reported and the sanctions imposed.