Guarding of Machinery Convention, 1963 (No. 119) - Azerbaijan (Ratification: 1992)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 13 of the Convention. Application of the obligations of employers and workers to self-employed workers. With reference to the comments it has been making for many years, the Committee notes that the Government once again does not provide information in its report on the effect given to this Article of the Convention. The Committee therefore once again requests the Government to indicate if the provisions of Part III of the Convention relating to the obligations of employers and workers apply to self-employed workers and, if such is the case, the extent of such application.

Application in practice. The Committee notes the information provided by the Government according to which, in the course of the 30,153 inspections carried out in enterprises between 2012 and 2015 by the officials of the State Labour Inspectorate Service, 13,367 complaints and applications from citizens were considered; 52,788 breaches were identified and 5,666 recommendations were issued for their elimination; and fines totalling 7,147,340 Azerbaijani Manat (AZN) (approximately US$4,359,877) were levied on employers. The Government also indicates that 568 industrial accidents occurred during this period, of which 53 involved several people, 180 were fatal and 385 resulted in various degrees of injury to workers. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including extracts from labour inspection reports, statistics on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents reported, as well as information on the measures taken to reduce the number of these accidents.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the information contained in the Government’s latest report indicates that effect has been given to Articles 11(1) and 12 of the Convention.

Article 13. Application to self-employed workers of the obligations of employers and workers. The Committee notes that the Government in its latest report provided no information about effect is given to this Article. The Committee requests the Government to indicate if the provisions of Part III of the Convention relating to the obligations of employers and workers apply to self-employed persons and, if so, to what extent.

Part V of the report form. Application in practice. The Committee notes the Government’s information that during 2010 the officials of the State Labour Inspectorate Service under the Ministry of Labour and Social Protection of Population revealed 1,128 cases of violations of the Occupational Safety and Health rules under Sections 213 and 215 of the Labour Code of Azerbaijan No. 618-IG and imposed fines. The Committee requests the Government to provide further information covering a longer time period on the manner in which the Convention is applied in Azerbaijan, including, for instance, extracts from official reports of the State Labour Inspectorate Service, statistics on the number of workers covered by the legislation, the number and nature of the contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the information provided by the Government in its latest report contains no new information regarding progress in relation to the draft legislation reportedly under discussion with a view to giving effect to the Convention. The Committee hopes that the Government’s next report will contain full information on the matters raised in its previous observation which read as follows:

Article 11(1) of the Convention. Prohibition to use machinery without the guards provide being in position. The Committee notes that, in addition to referring to general provisions in sections 213 and 215 of the Labour Code concerning the powers of the executive authorities in the labour protection field and the responsibilities of the owner of an enterprise and the employer in relation to occupational safety and health, the Government indicates that regulations were being developed in order to give effect to this provision of the Convention. The Committee hopes that the draft legislation giving effect to this provision of the Convention will be adopted in a near future and requests the Government to transmit copies thereof once it has been adopted.

Article 12. Protection of the rights of workers under national social security or social insurance legislation. The Committee notes the Government’s additional information that a “Life Requiring Compulsory Personal Insurance Against Industrial Accidents” has been elaborated in accordance with paragraph 2.6 of the “State Programme for the Implementation of the Employment Strategy of the Republic of Azerbaijan (2007–10)” approved by Decree No. 167 of 15 May 2007 as well as section 211 of the Labour Code. It also notes that a draft Law on “Compulsory Personal Insurance of Employees against Industrial Accidents and Occupational Diseases” is being elaborated. The Committee hopes that the draft law will be adopted in the near future and requests the Government to transmit copies of relevant legislation once it has been adopted.

Article 13. Application to self-employed workers of the obligations of employers and workers. The Committee notes the information provided concerning the ongoing revision of the Labour Code and the declared intent of the Government to introduce amendments and additions thereto regulating the responsibilities, inter alia, of independent employees. The Committee hopes that these amendments will be adopted in a near future and requests the Government to transmit copies thereof once they have been adopted.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from labour inspection services reports, statistics on the number of workers covered by the legislation, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes that, in addition to resubmitting the report of 2003 and 2006, the Government reports that it was not at present able to provide any collective agreements relevant for the further application of Articles 11, 12 and 13 of the Convention.

2. Article 11, paragraph 1. Prohibition to use machinery without the guards provided being in position. The Committee notes that the Government refers to general provisions in sections 213 and 215 of the Labour Code concerning the powers of the executive authorities in the labour protection field and the responsibilities of the owner of an enterprise and the employer in relation to occupational safety and health, and indicates that regulations were being developed in order to give effect to this provision of the Convention. The Committee hopes that the draft legislation giving effect to this provision of the Convention will be adopted in the near future and requests the Government to transmit copies thereof once it has been adopted.

3. Article 12. Protection of the rights of workers under national social security or social insurance legislation. The Committee notes the Government’s additional information that a “Compulsory life assurance against industrial accidents” has been elaborated in accordance with paragraph 2.6 of “The State Program for the Implementation of the Employment Strategy of the Republic of Azerbaijan (2007–10)” approved by Decree No. 167 of 15 May 2007 as well as section 211 of the Labour Code. It also notes that a draft law on “Compulsory personal insurance of employees against industrial accidents and occupational diseases” is being elaborated. The Committee hopes that the draft law will be adopted in the near future and requests the Government to transmit copies of relevant legislation once it has been adopted.

4. Article 13. Application to self-employed workers of the obligations of employers and workers. The Committee notes the information provided concerning the ongoing revision of the Labour Code and the declared intent of the Government to introduce amendments and additions thereto regulating the responsibilities, inter alia, of independent employees. The Committee hopes that these amendments will be adopted in the near future and requests the Government to transmit copies thereof once they have been adopted.

5. Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from labour inspection services reports, statistics on the number of workers covered by the legislation, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee refers to its previous comments as well as to the letter of 17 October 2003 sent by the ILO to the Ministry of Labour and Social Protection of Population pointing out that the Government’s latest report submitted in 2003 does not contain a complete reply to the questions asked in the Committee’s previous comments. In addition to the following questions, the Committee reiterates its request that the Government supply copies of the collective agreements that reportedly give effect to Articles 11, 12 and 13 of the Convention.

2. Article 11, paragraph 1, of the Convention. Prohibition to use any machinery without the guards provided being in position. The Committee recalls that the Government has indicated that effect is given to this Article through sections 218, subsection 7, and 229 of the Labour Code, stipulating that the operation of equipment shall be stopped by the body responsible for state supervision of compliance with labour legislation if it does not meet occupational safety and entails a risk to the worker’s health and life. The same applies if this machinery fails to comply with occupational safety standards and regulations and may pose a threat to the employee’s health or life. Previously, the Committee noted that these provisions are not sufficiently specific to meet the requirements of the Convention. The Committee requests the Government to indicate specific measures taken in accordance with the Convention ensuring that workers shall not be required to use any machinery without the guards provided being in position.

3. Article 12. Protection of the rights of workers under national social security or social insurance legislation. The Committee notes that the Government’s reports remain silent on this question and requests the Government to indicate measures ensuring that the rights of workers under national social security or social insurance legislation shall not be affected by the ratification of this Convention.

4. Article 13. Application to self-employed workers of the obligations of employers and workers. The Committee notes that in this context the Government refers to section 208 of the Labour Code which stipulates that occupational safety standards and regulations defined by this Code and other regulations shall apply to all the workplaces where five categories of persons enumerated in this provision work. However, the Committee notes that this section contains no reference to self-employed persons, which, in accordance with this Article, should be covered by the provisions of Part III of the Convention, if and in so far as the competent authority so determines. The Committee requests the Government to indicate, whether and to what extent, the provisions of Part III of the Convention relating to the obligations of employers and workers apply to self-employed persons.

[The Government is asked to reply in detail to the present comments in 2007.]

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the information provided by the Government in its latest report. The Committee notes that this report does not contain the complete reply to questions asked in its previous comments.

The Committee refers to its previous comments where the Government has been asked to supply a copy of collective agreements giving effect to Articles 11, 12 and 13 of the Convention. The Committee notes that copies of such collective agreements have not been supplied with the Government’s latest report, and requests the Government to supply them with its next report.

Article 11, paragraph 1, of the Convention. The Committee notes that in accordance with section 218, subsection 7, of the Labour Code of the Republic of Azerbaijan the operation of equipment which does not meet occupational safety and entails a risk to the workers’ health and life shall be stopped by the body responsible for state supervision of compliance with labour legislation until they are brought into conformity with occupational safety requirements. The Committee also notes that section 229 of the same Code stipulates that the operation of machinery shall be stopped, until the violations are eliminated, if this machinery fails to comply with occupational safety standards and regulations and may pose a threat to the employee’s health or life. The Committee points out that such provisions are too general.

The Committee requests the Government to indicate measures ensuring that workers shall not be required to use any machinery without the guards provided being in position.

Article 12. The Committee notes the absence of a reply to its previous comments in the Government’s latest report and requests the Government to indicate measures ensuring that rights of workers under national social security or social insurance legislation shall not be affected by the ratification of this Convention.

Article 13. The Committee notes that in accordance with section 208 of the Azerbaijanian Labour Code occupational safety standards and regulations defined by this Code and other regulations shall apply to all the workplaces where workers, as well as some other categories, are employed. The Government is requested to indicate if the provisions of Part III of the Convention relating to the obligations of employers and workers apply to self-employed persons and, if so, to which extent.

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

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, which read as follows:

The Committee takes note of the information provided by the Government in its latest report.

The Committee notes the Government’s reference, made in its report, to the collective agreements giving effect to Article 11, paragraph 1 (workers shall not be required to use any machinery without the guards provided being in position), Article 12 (rights of workers under national social security or social insurance legislation shall not be affected by the ratification of this Convention) and Article 13 (the obligations of employers and workers established in Part III of the Convention shall, if and in so far as the competent authority so determines, apply to self-employed workers) of the Convention. The Government is requested to supply a copy of such collective agreements with its next report.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee takes note of the information provided by the Government in its latest report.

The Committee notes the Government's reference, made in its report, to the collective agreements giving effect to Article 11, paragraph 1 (workers shall not be required to use any machinery without the guards provided being in position), Article 12 (rights of workers under national social security or social insurance legislation shall not be affected by the ratification of this Convention) and Article 13 (the obligations of employers and workers established in Part III of the Convention shall, if and in so far as the competent authority so determines, apply to self-employed workers) of the Convention. The Government is requested to supply a copy of such collective agreements with its next report.