Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Azerbaïdjan

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 2000)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 2000)

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In order to provide a comprehensive view of the issues relating to the application of the ratified labour inspection Conventions, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

Articles 12 and 16 of Convention No. 81 and Articles 16 and 21 of Convention No. 129. Limitations and restrictions of labour inspections. Powers of labour inspectors. 1. Moratorium and restrictions on labour inspections. The Committee notes that, according to the Law of the Republic of Azerbaijan dated October 20, 2015, No. 1410-IVQ “On Suspension of Inspections in the Field of Entrepreneurship”, inspection of business entities in the territory of the Republic of Azerbaijan have been suspended until January 1, 2024. In accordance with the requirements of this Law, inspection of business entities by the Service have been suspended since 1 November 2015, except for control of safe operation of potentially dangerous facilities and mining. Recalling with deep concern that a moratorium placed on labour inspection is a serious violation of the Conventions and with reference to its 2019 general observation on the labour inspection Conventions, the Committee urges the Government to eliminate the temporary ban on inspections and to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of Convention No. 81 and Article 21 of Convention No. 129.

2. Other limitations on labour inspections. The Committee notes that Law No. 714-IVQ of 2 July 2013 regulating inspections of business and protecting the interests of business owners, contains various limitations on labour inspectors’ powers, including with regard to: (i) the frequency of inspections (section 10); (ii) the scope of unscheduled inspections (section 16); (iii) the ability of labour inspectors to undertake inspection visits without previous notice (section 17.3); (iv) the duration of inspections (section 18); and (v) the issues that can be examined in the course of inspections (section 19). The Committee also notes the Government’s indication that, in order to implement paragraph 1.3 of Presidential Decree No. 955 of 28 August 2013 concerning the application of Law No. 714-IVQ of 2 July 2013, a draft decision approving the criteria for identifying risk groups for monitoring of compliance with labour law was submitted to the Cabinet of Ministers for examination in April 2021. In light of the above, the Committee urges the Government to take the necessary measures to revise Law No. 714-IVQ, in order to ensure that labour inspectors: (i) are empowered to make visits to workplaces liable to inspection without previous notice, in conformity with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129; (ii) are empowered to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed in conformity with Article 12(1)(c) of Convention No. 81 and Article 16(1)(c) of Convention No. 129; (iii) can choose not to notify the employer or his representative of their presence, if they consider that such notification may be prejudicial to the performance of their duties, in accordance with Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129; and (iv) are empowered to inspect workplaces as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 16 of Convention No. 81 and Article 21 of Convention No. 129. The Committee further requests the Government to provide information on the development of criteria for identifying risk groups for the government monitoring of labour law compliance, and to provide a copy of the decision adopted.

The Committee is raising other matters in a request addressed directly to the Government.

[ The Government is asked to reply in full to the present comments in 2024.]