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

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

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.

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

In order to provide a comprehensive view of the issues relating to the application of the Conventions on night work of young persons ratified, the Committee considers it appropriate to examine Conventions Nos 79 and 90 in a single comment.

Article 1 of Convention No. 79. 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. It also noted the Government’s information that the Labour Code applies to all workers who have concluded an employment contract with an enterprise, irrespective of its form of ownership. The Committee further noted the Government’s information that within the framework of the European Union’s Eastern Neighbourhood, measures were being taken to implement the country’s national legislation in the area of labour and labour relations in accordance with international norms, especially by enhancing the operations of the State Labour Inspection Service (SLIS).

The Committee notes the Government’s indication in its report that according to the State Labour Inspection Service Regulations, approved by Presidential Decree No. 386 of 2011, the SLIS exercises oversight over compliance with the Labour Code and other labour laws and regulations. It also notes the statistical information provided by the Government on the number of inspections and infringements of labour law in the formal sector recorded by the SLIS. However, no information on supervision in non-industrial occupations have been provided. The Committee once again recalls that Convention No. 79 applies to all children and young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations. The Committee therefore requests the Government to provide information on the manner in which young persons who are not bound by a contract of employment benefit from the protection afforded by the Convention. In this regard, the Committee requests the Government to take the necessary measures to adapt and strengthen the labour inspection services so as to ensure that the protection envisaged by the Convention is provided to self-employed children and children working in non-industrial occupations without a contract of employment. It requests the Government to provide information on any measures taken in this regard.

Article 5 of Convention No. 79. Granting of individual licences for public entertainment and making of cinematographic films. The Committee previously noted the Government’s information that the Ministry of Culture and Tourism was preparing a draft instrument defining the procedure, type and labour remuneration for workers involved in cultural activities, including young persons.

The Committee notes the Government’s information that Decision No. 3-1 of 2011 of the Ministry of Labour and Social Protection approved the Uniform Pay and Qualification Reference Guide for Public Servants working in Tourism-related Enterprises and in the Sphere of Cultural education proposed by the Ministry of Culture and Tourism. The Committee requests the Government to indicate whether Decision No. 3-1 of 2011 or any other provisions under national legislation contain provisions with regard to 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.

Articles 6(1)(a) of Convention No. 79 and 6(1)(d) of Convention No. 90. Public inspection and supervision. Following its previous comments, the Committee notes the Government’s information that the SLIS employed a total of 365 officials in its central administration and 23 at the regional centres situated across the country. The Government also indicates that public oversight over implementation of the labour, social and economic rights and lawful interests of workers and employers are also exercised by the corresponding trade unions and employers’ representative bodies. The Committee further notes that the statistical information provided by the Government on the labour inspection activities of the SLIS does not refer to any infringements with regard to night work by children under 18 years of age in industrial or non-industrial occupations.

Articles 6(1)(b) of Convention No. 79 and 6(1)(e) of Convention No. 90. Keeping of registers. The Committee had previously noted the Government’s information that employers make a registry of all workers employed by them, including those under 18 years and that the enterprises register their workers by department and are obliged to provide the working schedule and hours of work to all categories of workers. The Committee had also noted the Government’s information that the conditions of work, including the work schedule and working hours are set out in employment contracts. Noting the absence of information in the Government’s report, the Committee once again requests 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. It also requests the Government to supply a copy of the laws or regulations stipulating the above provisions.

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

Article 1 of the Convention. Scope of application. The Committee had previously noted that the Labour Code of 1999 applies only to persons bound by a contract of employment. It had also noted the Government’s information that the Labour Code applies to all workers who have concluded an employment contract with an enterprise, irrespective of its form of ownership. Recalling that the Convention applies to all children and young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations, the Committee had requested the Government to provide information on the manner in which young persons who are not bound by a contract of employment benefit from the protection afforded by the Convention. The Committee notes the information provided by the Government in its report under Convention No. 90 that within the framework of the European Union’s Eastern Neighbourhood, measures are being taken to implement the country’s national legislation in the area of labour and labour relations in accordance with international norms, especially by enhancing the operations of the State Service of Labour inspection. In this regard, the Committee requests the Government to take the necessary measures to adapt and strengthen the labour inspection services so as to ensure that the protection envisaged by the Convention is provided to self-employed children and children working in non-industrial occupations without a contract of employment. The Committee requests the Government to provide information on any measures taken in this regard.

Article 5. Granting of individual licences for public entertainment and making of cinematographic films. Following its previous comments, the Committee notes the Government’s information that the Ministry of Culture and Tourism is currently preparing a draft instrument defining the procedure, type and labour remuneration for workers involved in cultural activities, including young persons. The Committee expresses the firm hope that the draft instrument on workers involved in cultural activities will contain provisions with regard to the granting of individual licenses 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) of the Convention. It requests the Government to take into consideration the conditions under which such licence may be granted as laid down under Article 5(4) of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Article 6(1)(a). Public inspection and supervision. The Committee had previously noted the Government’s information that public monitoring to ensure that workers and employers exercise their labour, social and economic rights and legal interests is conducted by the relevant trade union bodies and by a representative body of the employers. The Committee notes the Government’s indication that the State Service of Labour Inspection (SSLI) exercises the state control over the compliance with the requirements of the labour legislation, by all legal persons carrying out an activity in the territory of Azerbaijan as well as natural persons engaged in individual entrepreneurship, irrespective of the form of ownership. It also notes the Government’s information that about 400 persons are working in the State Service of Labour Inspection (SSLI). According to the Government’s report, in 2010, 3,021 enterprises were inspected, including 2,251 entities of the non-state form of ownership, and a total of 9,511 violations were detected, including from the 2,677 complaints received from the citizens. The Committee notes the Government’s information that administrative fines amounting up to 827,200 Azerbaijani new manats (AZN) (around US$1 million) were imposed upon the employers for various offences. The Committee requests the Government to indicate whether any violations with regard to night work by children under 18 years of age, particularly in the non-industrial occupations were detected by the State Services of Labour Inspection.

Article 6(1)(b). Keeping of registers. The Committee had previously noted the Government’s information that employers make a registry of all workers employed by them, including those under 18 years and that the enterprises register their workers by department and are obliged to provide the working schedule and hours of work to all categories of workers. The Committee had also noted the Government’s information that the conditions of work, including the work schedule and working hours are set out in employment contracts. Noting the absence of information in the Government’s report, the Committee once again requests 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. It also requests the Government to supply a copy of the laws or regulations stipulating the above provisions.

Article 6(1)(c). Identification and supervision of persons under 18 years of age employed on account of an employer or on their own account in streets or places to which the public have access. The Committee had previously noted the Government’s information that a national plan of action to address the problems of street children and homeless children was approved by Decision No. 60s of 14 April 2003. The Committee notes the Government’s indication that in the course of 2003–05 more than 44 activities were implemented which, amongst others, included strengthening the control over the application of the labour legislation related to child labour. The Committee also notes the Government’s information that following Decision No. 60s, a project entitled “Flexible evaluation of the situation of children engaged in the informal sector and in the streets of Azerbaijan” is being carried out by the Training and Research Centre on Labour and Social Issues under the Ministry of Labour and Social Protection.

Article 6(1)(d). The Committee had previously noted that sections 310–313 of the Labour Code envisage the possibility of taking disciplinary, administrative and criminal action against employers, employees or other individuals, who are in breach of the labour legislation. The Committee had requested the Government to indicate the laws or regulations that provide for specific penalties for the breach of the provisions of the labour legislation. The Committee notes the Government’s information that penalties for violations of the labour legislation are stipulated in the Code of the Administrative Offences. The Committee notes that according to section 53.10 of the Code of the Administrative Offences, employers employing young persons in work which endanger their life, health and morality shall be punished with fines amounting from AZN3,000–4,000 (around US$3,800–16,500) and the legal entity shall be fined with amounts ranging from AZN10,000–13,000.

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

The Committee notes the Government’s report. It requests the Government to supply further information on the following points.

Article 1 of the Convention. The Committee had previously noted that the Labour Code of 1999 applies only to persons bound by a contract of employment. The Committee had requested the Government to provide information on the manner in which young persons who are not bound by a contract of employment benefit from the protection afforded by the Convention. The Committee notes the Government’s information that the Labour Code applies to all workers who have concluded an employment contract with an enterprise, irrespective of its form of ownership. The Committee recalls that the Convention applies to all children and young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations. The Committee once again requests the Government to indicate the measures adopted or envisaged to ensure that self-employed children and children working in non-industrial occupations without a contract of employment benefit from the protection afforded by the Convention.

Article 2, paragraph 1. The Committee had previously noted that under the terms of section 254(2) of the Labour Code, employees under the age of 18 years are prohibited from working at night during the period from 8 p.m. to 7 a.m. The Committee takes note of section 91 of the Labour Code which provides for reduced working hours of 24 hours per week for employees up to the age of 16 years, and 36 hours per week for employees aged between 16 and 18 years. The Committee notes the Government’s information that as the standard working week is five days, the daily rest time of a worker under the age of 16 years shall be 18 hours, and that of a worker between 16 and 18 years shall be 16 hours. The Committee takes due note of this information.

Article 5. The Committee had previously noted that the Ministry of Labour and Social Protection, in cooperation with the Ministry of Culture and Tourism are currently in the process of preparing proposals to improve labour legislation with regard to artistic performances. The Committee requests the Government to provide information on the progress made in bringing about amendments to the labour legislation, in particular, with regard to provisions granting individual license to persons under 18 years to appear at night in public entertainments or to participate in the making of cinematographic films and to supply a copy of the same, once they have been adopted.

Article 6, paragraph 1(a). The Committee had previously noted that the application of the labour legislation is ensured by the Office of the Public Prosecutor and the State Labour Inspectorate (section 308 of the Labour Code). The Committee notes the Government’s information that public monitoring to ensure that workers and employers exercise their labour, social and economic rights and legal interests is conducted by the relevant trade union bodies and by a representative body of the employers. Noting the absence of information in the Government report on the functioning of the inspection system, the Committee once again requests the Government to provide information on the inspection system, its functioning and to indicate the number of violations detected. The Committee also requests the Government to indicate whether the system of inspection is adapted to the particular needs of the various branches of activities to which the Convention applies.

Paragraph 1(b). The Committee notes the Government’s information that employers make a registry of all workers employed by them, including those under 18 years. Enterprises register their workers by department and are obliged to provide the working schedule and hours of work to all categories of workers. The Committee also notes the Government’s information that the conditions of work, including the work schedule and working hours are set out in employment contracts. The Committee requests 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.

Paragraph 1(c). The Committee notes the Government’s information that a national plan has been adopted by virtue of Instruction No. 60c of the Cabinet of Ministers of 14 April 2003, which among others, aims to strengthen monitoring of compliance with legislation regulating the use of child labour and sets out social research to study the situation of children working on the streets. The Committee requests the Government to provide information on the concrete measures taken under the plan of Instruction No. 60c of 2003 to monitor the implementation of the provisions of this Convention with regard to the identification and supervision of persons under 18 years of age engaged, on account of an employer or on their own account, in employment or occupations carried on in the streets or in places to which the public have access.

Paragraph 1(d). The Committee had previously noted that sections 310-313 of the Labour Code envisage the possibility of taking disciplinary, administrative and criminal action against employers, employees or other individuals, who are in breach of the labour legislation. The Committee had requested the Government to indicate the laws or regulations that provide for specific penalties for the breach of the provisions of the labour legislation. The Committee notes the absence of information in the Government’s report on this point. The Committee once again requests the Government to indicate in its next report the provisions, national laws or regulations which provide for specific penalties against those who violate the provisions of labour legislation.

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

The Committee notes the information provided by the Government in its report, in particular, the adoption of a new Labour Code in 1999. It requests the Government to provide information on the following points.

Article 1 of the Convention. The Committee notes that, in accordance with sections 4 and 5, the Labour Code of 1999 applies without distinction to all economic sectors, both public and private. By virtue of these provisions, the Code only applies to persons bound by a contract of employment. In this respect, the Committee notes the Government’s indication in its report that the prohibition upon employing workers under 18 years of age in night work applies to all persons working under contract in enterprises, irrespective of their ownership. It would be grateful if the Government would provide information on the manner in which young persons who are not bound by a contract of employment benefit from the protection afforded by the Convention.

Article 2, paragraph 1. Under this provision of the Convention, children under 14 years of age shall not be employed at night during a period of at least 14 consecutive hours, including the interval between 8.00 p.m. and 8.00 a.m. The Committee notes that, under the terms of section 254(2) of the Labour Code of 1999, the night period for employees under 18 years of age is from 8.00 p.m. to 7.00 a.m. The Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to ensure the application of this provision of the Convention by providing that children under 14 years of age may not be authorized to work during the interval between 8.00 p.m. and 8.00 a.m.

Article 5. The Committee notes the information contained in the Government’s report to the effect that, with regard to artistic performances, it has become necessary to issue regulations in the fields of culture and science, and that the Ministry of Labour and Social Protection, in cooperation with the Ministry of Culture, are working on the formulation of draft legislative texts on this subject. The Committee requests the Government to provide copies of the above texts when they have been adopted.

Article 6, paragraph 1. The Committee notes that, by virtue of section 308 of the Labour Code of 1999, the application of the labour legislation is ensured by the Public Prosecutor’s Office and the national labour inspectorate. The Committee requests the Government to provide additional information on the inspection system and, in particular, to indicate whether, in accordance with paragraph 1(a) of this Article of the Convention, the system of inspection is adapted to the particular needs of the various branches of activities to which the Convention applies.

Under the terms of Article 6, paragraph 1(b), of the Convention, national laws or regulations shall require every employer to keep a register, or to keep available official records, showing the names and dates of birth of all persons under 18 years of age employed by the employer and their hours of work. Furthermore, in the case of children and young persons working in the streets or in places to which the public have access, the register or records shall show the hours of service agreed upon in the contract of employment. The Committee notes the information provided by the Government in its report to the effect that employers keep an account of all the persons whom they employ, including those under 18 years of age, without however indicating the nature of the information that they record. It therefore requests the Government to provide additional information on the nature of such information and to supply a copy of the register.

The Committee would be grateful if the Government would indicate whether special measures have been adopted or are envisaged to assure the identification and supervision of persons under 18 years of age engaged, on account of an employer or on their own account, in employment or occupations carried on in the streets or in places to which the public have access, in accordance with Article 6, paragraph 1(c).

Under the terms of Article 6, paragraph 1(d), of the Convention, national laws or regulations shall provide penalties applicable to employers or other responsible adults for breaches of such laws or regulations. While noting that sections 310-313 of the Labour Code of 1999 envisage the possibility of taking disciplinary, administrative and penal action against those, namely employers, employees or other individuals, who are in breach of the labour legislation, the Committee notes that no provision in the Labour Code appears to provide for the application of specific penalties against persons responsible for these offences. It therefore requests the Government to indicate whether, and in accordance with which provisions, national laws or regulations provide for such penalties.