Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Azerbaijan (Ratification: 1992)

Article 2 of the Convention. Sexual harassment. The Committee recalls that Act No. 150-IIIQ of 10 October 2006 on Gender Equality (Act on Gender Equality) prohibits sexual harassment (section 4), and provides for the implementation of measures to prevent gender-based discrimination and sexual harassment (section 7.2.5), and that section 31 of the Labour Code of 1999 provides for measures taken by parties to collective agreements with a view to preventing sexual harassment at work. The Committee notes the Government’s indication that the Labour Code was amended and it now provides for the obligation of employers to take the necessary measures to prevent gender-based discrimination and sexual harassment (section 12(1)); an employment contract shall be terminated on the day specified in the worker’s claim (section 69); in cases of sexual harassment of a worker, the employer is liable for the harm which the worker suffers (section 195), in line with sections 7, 12, and 17 respectively of the Act on Gender Equality. The Committee further notes the Government’s indication that the comprehensive programme to combat day-to-day violence which was adopted on 25 January 2007, includes draft proposals to strengthen inspections by the state labour inspectorate to ensure compliance concerning prevention against abusive and hostile treatment of workers, violations of a sexual nature as well as other acts which degrade workers. The Committee asks the Government to provide information on the practical application of the sections of the Act on Gender Equality and the Labour Code concerning sexual harassment. It again asks the Government to provide information on any measures taken by the workers’ and employers’ organizations or the Government, with a view to preventing and addressing sexual harassment at the workplace, including specific examples of awareness-raising activities carried out, and the results thereof.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that a general collective agreement, which determines agreed action in the field of labour relations, was concluded for 2012–13 between the Confederation of Trade Unions of Azerbaijan and the National Confederation of Entrepreneurs. The Government indicates that the parties to the general collective agreement consider that the priorities include measures guaranteeing the right to decent work, and the elimination of social inequality. The Committee asks the Government to provide detailed information on specific measures or action undertaken by the parties to the general collective agreement to promote effectively the principle of equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin.

Enforcement. The Committee asks the Government to provide detailed information on the mandate and powers of the Commissioner for Human Rights (Ombudsperson) in the field of labour legislation, relating to discrimination in employment and occupation. It also asks the Government to provide information on the cooperation developed with the state labour inspectorate in this area, including as regards the examination and the outcomes of complaints submitted by workers. Please also communicate information on the number, nature and outcome of discrimination cases dealt with by these enforcement authorities.