Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) - Azerbaijan (Ratification: 1992)

Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that the Labour Code of 1999 applies only to persons bound by a contract of employment. The Committee further noted that the State Labour Inspection Service (SLIS) exercises oversight over compliance with the Labour Code and other labour laws and regulations. The Committee requested the Government to take the necessary measures to adapt and strengthen the labour inspection services to ensure that the protection envisaged by the Convention is provided to self-employed children and children working without a contract of employment. In this regard, the Committee requests the Government to refer to its comments under Article 2(1) of the Minimum Age Convention, 1973 (No. 138), concerning the applicability of the Labour Code to children working on their own account and children working in the informal economy.

Article 5. Granting of individual licences for public entertainment and making of cinematographic films. The Committee once again requests the Government to indicate any legislative provisions on the granting of individual licences to persons under 18 years of age to appear at night in public entertainments or to participate in the making of cinematic films in accordance with Article 5(1) and under conditions laid down under Article 5(4) of the Convention.

Article 6(1)(b). Keeping of registers. The Committee previously requested the Government to indicate the laws or regulations which require the employers to keep a registry showing the names, date of birth and hours of work of workers under 18 years of age. In this respect, the Committee observes that, pursuant to section 34 of the Act No. 82-IQ of May 21, 1996 on Individual Employment Contracts, employers are obliged to compile an employee’s work-book, which contains information on the employment. In particular, pursuant to section 3.2 of the Regulations on the application of the work-books approved by the Resolution of the Cabinet of Ministers No. 186 of 1996, the work-book contains the information on the employee’s name and date of birth, type of education, his/her job title, and remuneration. The Committee further observes that section 102 of the Labour Code requires employers to keep accurate records of the actual working time of each employee.