Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Labour Inspection Convention, 1947 (No. 81) - Azerbaijan (Ratification: 2000)

The Committee notes the Government’s report for the period from 1 June 2006 to May 2008 and the annual report for 2007 on the activities of the state labour inspection.

Articles 3, 5(a), 14 and 21(g) of the Convention. Role of the labour inspectors in the field of occupational safety and health and cooperation with other institutions. Notification of cases of occupational disease and statistics thereof. The Committee notes that, contrary to Article 14, labour inspectors are not notified of cases of occupational disease. According to the inspection report for 2007, data on cases of occupational disease are handled by the competent bodies within the Ministry of Health. Referring to its General Survey of 2006 on labour inspection (paragraphs 118–127), the Committee wishes to remind the Government that it is vital that formal mechanisms be put in place to provide the labour inspection with the data it needs to identify high-risk activities and the most vulnerable categories of workers or to ensure that it has access to the data on occupational diseases collected by other institutions. Such information is indispensable to enable the labour inspectors to discharge their preventive function as effectively as possible and for the central inspection authority to compile the relevant statistics with a view to the development of an appropriate prevention policy. The Committee therefore requests the Government to take the necessary legal and practical measures to determine the cases and manner in which labour inspectors shall be notified of cases of occupational disease, in accordance with Article 14. It also requests the Government to make appropriate arrangements to promote collaboration with the Ministry of Health and to ensure that the central inspection authority is in a position to include such data in future annual reports on the work of the labour inspection services.

Article 15(c). Confidentiality of the source of any complaint. The Committee wishes to emphasize that the main purpose of this provision is to ensure that workers are protected from the risk of any reprisals by the employer should the labour inspectorate take action as a result of the complaint. Furthermore, confidentiality is essential in ensuring the necessary trust in relations between workers and labour inspectors. The Committee considers that the loyalty oath made by all civil servants, in accordance with article 15 of the Law on public service, to which the Government refers in its report, may not be sufficient to guarantee consistent observance of this specific obligation of confidentiality throughout the country and to ensure the protection of the workers concerned and, as a consequence, the effectiveness of the work of labour inspectors. The Committee therefore encourages the Government to take the necessary measures to establish a legal basis for the principle of confidentiality of the source of any complaint.

Regional cooperation. The Committee notes the signature of the Declaration on regional cooperation of labour inspectorates in south-east Europe, Azerbaijan and Ukraine, in which the signatories express their commitment to the development of regional cooperation with a view to ensuring safe and healthy workplaces and the protection of workers’ rights. The Committee would be grateful if the Government would supply information on the activities undertaken by the labour inspection services in this framework.