Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request:

Article 2, paragraph 1. The Committee noted section 7(2), of the new Labour Code, which rules that "labour relations shall be established upon the execution of a written employment contract", and section 4(1) declaring that "this Code applies to all enterprises, establishments, organizations as well as workplaces where an employment agreement exists". Recalling again that Convention No. 138 requires the fixing of a minimum age for all work regardless of the existence of the employment contract, the Committee again asks the Government to supply information on the measures taken to protect children from work without a contract, such as self-employment.

Article 6. Article 258(2) of the new Labour Code rules that "in special cases in family businesses, teenagers between the ages of 14 and 15 may work. At these ages teenagers may perform only small jobs or apprenticeships". The Committee again requests the Government to define the meaning of "special cases" and "small jobs" and indicate which provisions in the law define such concepts. It also requests the Government to supply the legislation which prescribes conditions of apprenticeships and to supply information on current programmes.

Article 7. The Committee noted that section 249(2) of the new Labour Code allows youths who have reached the age of 14 to work after school hours in light duty work, which poses no hazard to their health, and upon written consent of their parents. The Committee again requests the Government to supply further information on the types of light work that are permitted for persons who have attained 14 years of age, the measures taken to regulate and limit their working hours, their conditions of work and finally, if these provisions have been taken in consultation with workers’ and employers’ organizations.

Article 9. The Committee again asks the Government to supply a copy of articles 136 to 138, 167 and 168 of the Penal Code, which regulates sanctions for violations to the labour law, as the Government declared in its last report.

The Committee noted that new legislation had been enacted to create a National Inspectorate of Labour (Decree No. 544/1997) together with Regulation No. 31/1997 that defines its role and duties. The Committee again requests the Government to supply copies of this new legislation.

Part V of the report form. This part focuses on how the Convention is applied in practice, whereas the Government’s information in its last report concerned the legislation only. Therefore, the Committee again asks the Government to supply data to give a general appreciation of the manner in which the Convention is applied, for instance, statistical data on the employment of children and young persons, extracts from the report inspection services, information on the number and nature of contraventions reported, etc.