Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Azerbaijan (Ratification: 2000)

The Committee refers to its comments on the Labour Inspection Convention, 1947 (No. 81), in so far as they are concerned with the application of the present Convention.

Article 6(1)(a) and (b) of the Convention. Preventive activities by the labour inspectorate in agriculture. The Committee notes the information provided by the Government according to which the State Labour Inspectorate (SLI) organized various educational activities, seminars and meetings and held presentations on the occasion of the World Day for Safety and Health at Work, which were widely covered in the media, including by several television channels. The Committee would be grateful if the Government would provide more detailed information on any labour inspection actions and initiatives carried out in agriculture, particularly those intended to ensure the protection of workers exposed to hazards connected with the use of chemical products or complex plant or machinery, as well as on their impact on the level of compliance with the legislation and the number of occupational accidents and diseases in the agricultural sector.

Article 9(3). Training of labour inspectors in agriculture. The Committee notes the Government’s indication that training activities for labour inspectors in agriculture will be held in the context of a project financed by the European Union. It notes however that the Government has again not provided the requested information in relation to the initial training of labour inspectors in agriculture, nor has it reported on any other training activities in areas particularly relevant to agriculture (such as, for instance, the monitoring of machinery, the identification of specific occupational risks and the means to reduce or eliminate them) during the reporting period. The Committee therefore once again asks the Government to supply details on the content of the initial training provided to labour inspectors in agriculture, as well as detailed information on any other training activities in areas relevant to agriculture in their course of employment (content, frequency, duration, number of participants, etc.).

Article 13. Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes the Government’s indication according to which the establishment and operation of a tripartite council on occupational safety and health (OSH) conditions with representatives of the Ministry of Labour and Social Protection, the Confederation of Trade Unions of Azerbaijan and the National Confederation of Entrepreneurs in January 2012 has facilitated more effective labour inspections in agriculture. The Committee asks the Government to provide information on the mandate of the tripartite OSH council with regard to agriculture and, if applicable, a copy of any relevant legal text. Please provide information on the role of the SLI in the council, the topics dealt with, and specify how the work of the council has facilitated more effective inspections in agriculture and improved the working and living conditions in agricultural undertakings. Having previously noted the information on regular seminars and meetings with the social partners, the Committee once again requests the Government to provide detailed information in this regard.

Articles 12, 19, 21, 26 and 27. Publication and content of the annual report on the work of the labour inspection services in agriculture. The Committee notes that the annual report on the work of the labour inspection services has not been received by the Office. It notes however the information provided by the Government on the number of agricultural undertakings inspected, complaints examined, violations reported, number of orders issued, amount of fines imposed, other enforcement measures taken, and the number of industrial accidents investigated. With reference to its direct request under Convention No. 81, and the publication of annual reports on the work of the labour inspection services (which should include, either as a separate report or as part of the general report information on agriculture), the Committee hopes that the Government will soon be in a position to give effect to its relevant obligations under Article 26(1) and (2). It further requests the Government to ensure that annual reports are forwarded to the Office, within the time limits set out in Article 26(3) of the Convention, and that they include information on all the subjects covered by Article 27(a) to (g).

The Committee would be grateful if the Government would also supply any information available, as previously requested, on the type and size of the agricultural undertakings inspected, the number of workers covered by the inspection visits (unannounced, planned or in response to a complaint) and the legal provisions in respect of which violations have been reported (such as those relating to wages, working time, minimum age for admission to employment and OSH requirements).

With reference to its direct request under Convention No. 81, and the need to take the necessary legal and practical measures to determine the cases and manner in which labour inspectors shall be notified of cases of occupational diseases, the Committee once again asks the Government to make appropriate arrangements to continue to promote collaboration with the Ministry of Health, particularly in the exchange of relevant data, so that the SLI is in a position, in accordance with Article 27(g), to include data on cases of occupational disease, including their causes, in future annual reports.

Labour inspection and child labour in agriculture. The Committee notes that the Government has not provided information on the work of the labour inspection activities with regard to children engaged in agricultural work. The Committee therefore once again requests the Government, with reference to its direct request under the Worst Forms of Child Labour Convention, 1999 (No. 182), in which it emphasized the widespread use of child labour in the cotton, tobacco and tea growing sectors, to supply information on any actions taken by labour inspectors to identify the children engaged in agricultural work and to combat the phenomenon, particularly on cotton, tobacco and tea plantations. In this respect, the Committee once again refers the Government to the guidance provided in its 1999 general observation under both this Convention and Convention No. 81.