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

Minimum Age Convention, 1973 (No. 138) - Azerbaijan (Ratification: 1992)

Follow-up of the conclusions of the Committee on the Application of Standards (International Labour Conference, 100th Session, June 2011)

The Committee takes note of the Government’s report as well as the discussions that took place at the 100th Session of the Conference Committee on the Application of Standards in June 2011.

Article 2(1) of the Convention and Part V of the report form. 1. Scope of application and the application of the Convention in practice. The Committee previously observed that the provisions relating to the minimum age of admission to employment or work in the Labour Code did not appear to apply to work performed without an employment agreement, including self-employment or work in the informal sector. The Committee also noted the Government’s indication that, according to section 308 of the Labour Code, the Office of the Public Prosecutor, as well as the State Labour Inspectorate, exercise control over the strict application of the Labour Code. However, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of 17 March 2006 (CRC/C/AZE/CO/2, paragraphs 61–62), expressed concern at the high number of working children in Azerbaijan, especially in rural areas, and that the regulations protecting children from exploitative and hazardous work were not consistently applied and respected. It further noted that according to a survey conducted by the State Statistical Committee of the Republic of Azerbaijan in cooperation with ILO–IPEC, entitled Working children in Azerbaijan – The analysis of child labour and labouring children survey, 2005 more than 156,000 children aged between 5 and 17 years are estimated to be engaged in some form of economic activity, out of which 84.4 per cent work in the agricultural sector, and about 67.6 per cent of working children are estimated to be engaged in hazardous work. This survey also indicated that the majority of working children (about 65 per cent) are employed as unpaid family workers, while 25.1 per cent of children work on their own account and less than 10 per cent are wage workers.

The Committee notes the Government’s statement that, pursuant to section 1 of the Labour Code, labour legislation in the Republic of Azerbaijan shall include international agreements ratified by the Government. In this regard, the Government indicates that the Convention constitutes part of the labour legislation in the country, and must therefore be implemented by all employers and private individuals. The Government also indicates that the Convention applies to all forms of child labour, including hired labour and labour contracted under civil law, as well as illegal labour. The Committee notes the Government’s statement during the discussions of the Conference Committee on the Application of Standards that, as of January 2011, 20,000 children were working in agriculture, out of which 5,000 were self-employed. The Committee further notes the information in the Government’s report that official orders are issued to employers, based on the findings from the State Labour Inspectorate, in order to eliminate the exploitation of child labour and violations related to the employment of women. The Government indicates that 34 such orders were issued in 2004, 62 such orders in 2008 and 23 orders in 2010. However, the Committee observes that it is not indicated whether such orders concerned both the formal and the informal economies.

The Committee notes the conclusions of the Conference Committee stating that there was an absence of information on the practical measures taken to apply the Convention to children working outside of an employment relationship, which constituted the majority of working children. The Conference Committee urged the Government to take concrete measures to ensure that the protection envisaged by the Convention was provided to children who work on their own account or in the informal economy. Recalling that the Convention applies to all forms of work or employment, the Committee requests the Government to take measures to expand the reach and strengthen the capacity of the labour inspectorate to better monitor children carrying out an economic activity in the informal economy, on their own account or on an unpaid basis. The Committee requests the Government to provide information on specific measures taken in this regard, as well as the results achieved. Lastly, it requests the Government to take measures to ensure that up-to-date statistical information on the economic activities of children and young persons is made available, including the number of children working under the minimum age, and to provide this information in its next report.

2. Minimum age for admission to employment or work. The Committee previously noted that, upon ratification of the Convention, the minimum age of 16 was specified under Article 2(1) of the Convention. However, it noted that section 42(3) of the Labour Code allows a person who has reached the age of 15 to be part of an employment contract and section 249(1) specifies that “persons who are under the age of 15 shall not be employed under any circumstances”. Observing that the minimum age specified in the Labour Code was below that specified by the Government upon ratification, the Committee urged the Government to take the necessary measures to ensure that no child under the age of 16 years is permitted to work, except for light work as permitted under Article 7 of the Convention.

The Committee notes that the conclusions of the Conference Committee on the Application of Standards recalled that the fundamental objective of the Convention consisted of progressively raising the minimum age for admission to employment and did not permit the lowering of the minimum age from the age specified upon ratification. The Conference Committee on the Application of Standards urged the Government to take immediate measures to ensure that national legislation was amended to establish a minimum age of 16 years, for admission to employment or work in all sectors.

The Committee notes the Government’s statement that work is underway, with support from the ILO, to improve the labour legislation to provide that persons aged 15–16 can engage in light work. In this regard, the Committee notes with interest that, pursuant to technical assistance from the ILO, a draft has been developed entitled “On amendments and adjustments to some legal acts of the Republic of Azerbaijan to give effect to the implementation of ILO Convention No. 138 on Minimum Age for Admission to Employment”. This draft proposes to amend section 249.1 of the Labour Code to raise the minimum age for admission to employment from 15 years to 16 years of age. Taking due note of the quick action taken by the Government to address this issue, the Committee strongly encourages the Government to pursue its efforts to ensure the adoption, in the near future, of the draft entitled “On amendments and adjustments to some legal acts of the Republic of Azerbaijan to give effect to the implementation of ILO Convention No. 138 on Minimum Age for Admission to Employment”, so as to raise the minimum age for admission to employment from 15 to 16 years of age.

Article 3(2). Determination of types of hazardous work. The Committee previously noted the Government’s indication that a list of arduous and hazardous industries or occupations had been approved, and it requested a copy of the relevant legislation.

The Committee notes with satisfaction the detailed list of industries and jobs with arduous and hazardous conditions prohibited to persons under 18, established pursuant to Decision No. 58 of the Cabinet of Ministers of the Republic of Azerbaijan on 24 March 2000. The Committee notes that this list contains over 200 prohibited tasks for persons under the age of 18, in 35 fields of work, including in mining and underground activities; metallurgy; electrical repair; oil drilling and production; oil, gas and coal processing; chemical production; the production and preparation of biological materials; mechanical engineering; shipbuilding and ship repair; manufacturing and repairing aircraft parts; producing electronic appliances; some activities in construction; installation and repair work; ceramic production; glass production; woodworking; cotton and textile processing; food production; transportation; agriculture; and utility services.

Article 7. Light work. The Committee had previously noted that section 249(2) of the Labour Code allows youths who have reached the age of 14 to work after school hours in light duty work, which poses no hazard to their health, and upon the written consent of their parents. The Committee requested the Government to supply further information on the types of permissible light work.

The Committee notes the information in the Government’s report that the Labour Code was amended in 2009 to remove section 249 (2), which had permitted light work to be performed from the age of 14. The Committee also notes that the draft “On amendments and adjustments to some legal acts of the Republic of Azerbaijan to give effect to the implementation of ILO Convention No. 138 on Minimum Age for Admission to Employment” proposes to amend paragraph 2 of section 249 of the Labour Code to state that persons between 15 and 16 years of age are allowed to do light work that does not affect their health and development, school attendance in compulsory secondary education, vocational guidance and other training programmes, or the opportunity to benefit there from. Light work tasks identified in this draft include lifting, carrying and delivering goods weighing less than 5 kilograms; the sale of knick-knacks, souvenirs and other small scale commodities; and the watering of trees and flowers, gathering fruit and vegetables and other farming activities. The Committee requests the Government to take the necessary measures to ensure the adoption, in the near future, of the draft text entitled “On amendments and adjustments to some legal acts of the Republic of Azerbaijan to give effect to the implementation of ILO Convention No. 138 on Minimum Age for Admission to Employment”, to determine the types of light work permissible to persons between the ages of 15 and 16.

Article 9(1). Penalties. The Committee previously requested the Government to indicate the provisions establishing penalties for the breach of the provisions giving effect to the Convention.

The Committee notes with interest that section 53.9 of the Code on Administrative Offences provides that persons who employ persons under the age of 15 shall be punished with a fine of between a AZN1,000–1500 (approximately US$1,271–1,907) and legal entities shall be fined between AZN3,000–5,000 (approximately US$3,815–6,358). Section 53.10 of the Code of Administrative Offences states that a person who employs children in activities which threaten their life, health and morality, shall be fined between AZN3,000–5,000, while legal entities shall be fined between AZN10,000 and AZN13,000 (approximately US$12,717–16,533).