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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Azerbaijan (Ratification: 1992)

The Committee notes the information provided in the Government’s last report and the reply to its previous comments. It notes, in particular, the new Labour Code of 1 February 1999, which entered into force on 1 July 1999. The Committee requests the Government to provide further information on the following points.

Article 3 of the Convention. The Committee asks the Government to indicate in its next report to what extent effect has been given or is proposed to be given to the provisions of the Convention in respect of such establishments referred to in paragraph 1 of this Article, which have not been covered in virtue of a declaration made in conformity with paragraphs 1 and 2 of this Article. The Committee also notes that, according to section 4, the Labour Code applies to all enterprises, as well as to workplaces where an employment agreement exists. It thus appears that the Labour Code is also applicable to the establishments enumerated in paragraph 1 of this Article. If such is the case, the Committee invites the Government to consider communicating a declaration to the Office accepting the obligations of the Convention with respect to post and telecommunications services, newspaper undertakings and theatres and places of public entertainment, in accordance with paragraph 2 of this Article.

Article 7, paragraphs 2 and 3. The Committee notes that, according to section 109(2) of the Labour Code, workers working on a rest day shall be granted an alternative rest day or monetary compensation at a double rate. It recalls that, under the terms of Article 7, paragraph 2, of the Convention, all persons to whom special weekly rest schemes apply are entitled to a rest period of at least 24 hours in respect of each period of seven days. The Committee asks the Government to indicate the measures taken or envisaged to ensure compliance with the Convention in this respect, regardless of any monetary compensation.

Article 7, paragraph 4, and Article 8, paragraph 2. The Committee notes that section 104(2) of the Labour Code imposes days off to be granted in accordance with shift schedules approved by trade unions, but does not provide for the consultation of the representative employers’ organizations concerned. It further notes that, according to section 309(1) of the Labour Code, both representative trade unions and employers’ organizations shall ensure the social and economic rights of employees by general public controls. The Committee requests the Government to indicate the methods adopted for the consultation of the representative employers’ organizations in view of any exceptions, permanent or temporary, to the normal weekly rest scheme, except in case of accident, force majeure or urgent work, and with regard to the measures to be taken to ensure that workers subject to special weekly rest schemes still enjoy a weekly rest period of at least 24 hours.

Article 8, paragraph 3. The Committee notes that the Labour Code of 1999 has not brought the legislation into conformity with the Convention, inasmuch as section 109(2) provides, similar to section 98 of the former Labour Code, that work on a rest day must be compensated by another rest day or payment of monetary remuneration at a double rate. Referring to its previous comments, the Committee reiterates that, under Article 8, paragraph 3, of the Convention, the granting of compensatory rest is compulsory regardless of monetary compensation. It trusts that the necessary steps will be taken in the near future to ensure full compliance with the Convention in this respect and requests the Government to indicate, in its next report, any progress made.

Article 9. The Committee requests the Government to indicate whether wages are regulated by laws or controlled by administrative bodies. If this is the case, please indicate the measures which ensure that the application of the Convention does not cause a reduction of income of the persons covered by it.

Article 10, paragraph 1. Please supply the legal provisions governing labour inspection.

Part V of the report form. The Committee asks the Government to provide extracts from inspection reports and relevant statistics concerning the practical application of the Convention with its future reports.