Paid Educational Leave Convention, 1974 (No. 140) - Azerbaijan (Ratification: 1993)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Formulation and application of a policy designed to promote the granting of paid educational leave. Coordination of the policy with general policies on vocational employment, education and training. Articles 2, 3, 4 and 10 of the Convention. In its previous comments, the Committee requested the Government to provide an evaluation of its policy on paid educational leave, as well as information on the measures taken to coordinate the paid educational leave policy with general policies on employment, education and training as well as on hours of work. In its response, the Government once again refers to the national Constitution and the Labour Code of Azerbaijan. The Committee notes the statistical information provided by the Government regarding the number of academic students as of the beginning of the 2017–18 academic year, as well as information concerning the adoption of Presidential Order No. 36 of 7 February 2016, which established the National Agency for Vocational Education to prepare young people for work. In this context, the Committee recalls that the objective of the Convention is to promote the granting of paid educational leave to a worker for educational purposes for a specified period during working hours, for the purpose of: training at any level; general, social and civic education; and trade union education (Articles 1 and 2 of the Convention). The Committee therefore reiterates its request that the Government provide an evaluation of its policy to promote the granting of paid educational leave as defined under the Convention. In particular, the Government is requested to indicate the manner in which the policy promotes the granting of paid educational leave for the purposes specified in Article 2 of the Convention, particularly for trade union education, as required under subsection (c) of Article 2.

Social dialogue. Article 6 of the Convention. In its previous comments, the Committee requested the Government to indicate the manner in which social dialogue is used in the formulation and implementation of the paid educational leave policy, including information on the implementation and impact of the General Collective Agreement for 2012–13. The Government indicates that section 31(3) of the Labour Code provides that collective agreements can establish more favourable conditions for educational leave than those provided under the Code. It adds that Cabinet of Ministers’ Decision No. 36 of 7 February 2018, on the conclusion of the General Collective Agreement 2018–19 between the Government, the Azerbaijan Trade Union Confederation and the National Confederation of Employers’ Organizations, entered into force. The Agreement contemplates the provision of hostel accommodation for students, with the aim of enhancing social protection in education. The Committee notes, however, that this provision only relates to student accommodation and does not give effect to the provisions of the Convention. The Committee once again requests that the Government provide information concerning the manner in which social dialogue is used and contributes to the formulation and implementation of the national paid educational leave policy.

Application in practice. Part V of the report form. The Committee once again requests the Government to provide detailed information, including statistical data disaggregated by sex and age, on the manner in which the provisions of the Convention on paid educational leave for workers are applied in practice.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Formulation and application of a policy designed to promote the granting of paid educational leave. The Committee notes the Government’s report received in September 2013 which includes information on some provisions of the Labour Code relating to paid educational leave. It notes that the Labour Code determines the number of leave days per calendar year an employee may be granted when studying at a higher educational institution, a vocational and trade school or other school. Moreover, the Committee notes the Government’s indication that the General Collective Agreement for 2012–13, signed by the tripartite partners, provides for the elaboration of the proposals on the determination of the size of minimum unemployment benefits and educational allowances for the period where one obtains education and training. The Committee once again requests the Government to provide in its next report an evaluation of its policy to promote the granting of paid educational leave (Articles 2, 3 and 10 of the Convention) and to include information on the measures taken to coordinate the policy on paid educational leave with general policies on employment, education and training, and hours of work (Article 4). The Committee also invites the Government to continue to provide in its next report information on how social dialogue is used in the formulation and application of the policy for the promotion of paid educational leave (Article 6), by supplying further information on the implementation of the General Collective Agreement for 2012–13 and its results. Please also provide general information on the manner in which the Convention is applied in practice, including extracts from reports, studies and inquiries, and available statistics on the number of workers granted paid educational leave (Part V of the report form).

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

Formulation and application of a policy designed to promote the granting of paid educational leave. The Committee notes the Government’s report received in August 2010, which includes some information on the functions of paid educational leave. The Government indicates that paid educational leave policies are developed by the Ministry of Labour and Social Protection, while questions of vocational training as a whole fall under the responsibility of the Ministry of Education. The Government also indicates that, in the framework of pilot programmes conducted by the Azerbaijan Trade Union Confederation aimed at establishing trade union organizations in small and medium-sized enterprises, pamphlets were produced describing the basic rights of workers, and included information on the right to paid educational leave. The Government indicates that this is one example of trade unions playing an active role in ensuring workers’ rights in relation to paid educational leave, and collaborating with the government departments in the development of these policies. The Committee invites the Government to provide in its next report an assessment of the effectiveness of its policy to promote the granting of paid educational leave (Articles 2, 3 and 10 of the Convention) and to provide information on the measures taken to coordinate the policy on paid educational leave with general policies on employment, education and training, and hours of work (Article 4). The Committee also invites the Government to continue to provide in its next report information on how social dialogue is used in the formulation and application of the policy for the promotion of paid educational leave (Article 6). Please also provide general information on the manner in which the Convention is applied in practice, including extracts from reports, studies and inquiries, and available statistics on the number of workers granted paid educational leave (Part V of the report form).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report received in November 2008. The Committee regrets, however, that the information provided in this report is exactly the same as that contained in the Government’s previous report received in June 2003. The Committee asks the Government to provide a reply including replies to the following points raised in the Committee’s previous direct request.

1. Formulation and application of a policy. Please indicate how any policy to promote the granting of paid educational leave for the purposes of vocational training at all levels (Article 2(a)) and of trade union education (Article 2(c)) was formulated.

2. Functions of paid educational leave. Please indicate the measures taken under the paid educational leave policy to contribute to the acquisition, improvement and adaptation of occupational and functional skills and the promotion of employment and job security in conditions of scientific and technological development and economic structural change (Article 3(a)), to the competent and active participation of workers and their representatives in the life of the undertaking and the community (Article 3(b)), and the terms on which educational leave is granted for each of these purposes (see also Article 10).

3. Coordination with general policies. Please indicate the measures taken to coordinate the policy on paid educational leave with general policies on employment, education and training and hours of work, and state to what extent the implementation of the national policy on paid educational leave takes account of seasonal variations of hours of work or of volume of work (Article 4).

4. Participation of the social partners. Please describe the manner in which public authorities, employers’ and workers’ organizations, and institutions or bodies providing education or training are associated with the formulation and application of the policy for the promotion of paid educational leave (Article 6).

5. Financial arrangements. Please describe the measures taken or envisaged to ensure regular financing or arrangements for paid educational leave for the purposes of training at all levels and of trade union education (Article 7).

6. Practical information and statistical data. Please provide information on the manner in which the Convention is applied in practice, including extracts from reports, studies and inquiries or any available statistical data on the number of workers granted paid educational leave (Part V of the report form).

[The Government is requested to reply in detail to the present comments in 2010.]

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s report received in June 2003 which again refers to the provisions of the Labour Code. The Committee previously noted that the Labour Code provides for the granting of paid educational leave only for the purpose of general or technical studies in secondary or higher education (Article 2(b) of the Convention). The Committee observed that the provisions of the Labour Code do not appear to establish a "policy" designed to promote the granting of paid educational leave within the meaning of the Convention. It therefore reiterates its direct request of 2003 concerning the following points.

2. Formulation and application of a policy. Please indicate how any policy to promote the granting of paid educational leave for the purposes of vocational training at all levels (Article 2(a)) and of trade union education (Article 2(c)) was formulated.

3. Functions of paid educational leave. Please indicate the measures taken under the paid educational leave policy to contribute to the acquisition, improvement and adaptation of occupational and functional skills and the promotion of employment and job security in conditions of scientific and technological development and economic and structural change (Article 3(a)), to the competent and active participation of workers and their representatives in the life of the undertaking and the community (Article 3(b)), to the human, social and cultural advancement of workers (Article 3(c)), and the terms on which educational leave is granted for each of these purposes (see also Article 10).

4. Coordination with general policies. Please indicate the measures taken to coordinate the policy on paid educational leave with general policies on employment, education and training and hours of work, and state to what extent the implementation of the national policy on paid educational leave takes account of seasonal variations of hours of work or of volume of work (Article 4).

5. Participation of the social partners. Please describe the manner in which public authorities, employers’ and workers’ organizations, and institutions or bodies providing education or training are associated with the formulation and application of the policy for the promotion of paid educational leave (Article 6).

6. Financial arrangements. Please describe the measures taken or envisaged to ensure regular financing of arrangements for paid educational leave for the purposes of training at all levels and of trade union education (Article 7).

7. Practical information and statistical data. Please provide information on the manner in which the Convention is applied in practice, including extracts from reports, studies and inquiries or any available statistical data on the number of workers granted paid educational leave (Part V of the report form).

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

The Committee notes the Government’s report for the period ending in June 2000. It notes that the Government again refers to Chapter 18 of the Labour Code which provides for paid educational leave only for the purpose of general or technical studies in secondary or higher education. Although grateful for this information, the Committee observes that the provisions of the Labour Code that the Government cites do not appear to establish a "policy" for promoting the grant of paid educational leave within the meaning of the Convention. The Committee therefore reiterates its previous comments on the following points.

Article 2 of the Convention. Please indicate any arrangements made or envisaged or any policy formulated to promote the grant of paid educational leave also for the purpose of vocational training at all levels and for the purpose of trade union education.

Articles 3 and 10. Please indicate the measures taken under the paid educational leave policy to contribute to the acquisition, improvement and adaptation of occupational and functional skills and the promotion of employment and job security in conditions of scientific and technological development and economic and structural change (a), to the competent and active participation of workers and their representatives in the life of the undertaking and the community (b), to the human, social and cultural advancement of workers (c); and the terms on which educational leave is granted for each of these purposes.

Article 4. Please indicate the measures taken to coordinate the national policy on paid educational leave with general policies concerning employment, education and training, as well as policies concerning hours of work, and state to what extent the implementation of the national policy on paid educational leave takes account of seasonal variations in the hours or volume of work.

Article 6. Please describe the arrangements whereby public authorities, employers’ and workers’ organizations, and institutional bodies providing education or training are associated with the formulation and application of the policy for the promotion of paid educational leave.

Article 7. Please describe the measures taken or envisaged to ensure regular financing of arrangements for paid educational leave for the purpose of training at all levels and of trade union education.

Part V of the report form. Please provide information on the manner in which the Convention is applied in practice, including extracts from reports, studies and inquiries or any available statistical data on the number of workers granted paid educational leave.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the second report on the application of the Convention. It also notes the relevant provisions of Chapter 18 of the new Labour Code. With reference to its previous request, the Committee would be grateful if the Government would supply additional information in its next report on the following points.

The Committee takes note of the legislation, to which the Government refers, providing for paid educational leave for the purpose of general or technical studies in secondary or higher education. Please indicate whether measures have been taken or are envisaged with a view also to promoting the granting of paid educational leave for the purpose of occupational training at all levels and trade union training, in accordance with Article 2, (a) and (c), of the Convention.

Article 6. Please indicate the manner in which employers' and workers' organizations are associated with the formulation and application of the policy for the promotion of paid educational leave.

Article 7. Please describe measures taken or envisaged to ensure regular financing of arrangements for paid educational leave.

Part V of the report form. Please supply information on the application of the Convention in practice, in particular by transmitting all available statistical information on the number of workers entitled to paid educational leave. Please provide all relevant extracts from reports, studies or surveys in this connection.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the Government's first report on application of the Convention. It notes in particular the provisions of the Act of 19 July 1994 providing the right to leave for workers who are studying.

In order to assess better the effect given in practice to the provisions of the Convention, the Committee would be grateful if the Government would supply in its next report detailed information in reply to each of the questions on the report form. Please also provide examples of collective agreements providing educational leave for the purpose of trade union training as well as any pertinent extracts from reports, studies, surveys or statistics relating to the granting of paid educational leave.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with interest the Government's first report on application of the Convention. It notes in particular the provisions of the Act of 19 July 1994 providing the right to leave for workers who are studying.

In order to assess better the effect given in practice to the provisions of the Convention, the Committee would be grateful if the Government would supply in its next report detailed information in reply to each of the questions on the report form. Please also provide examples of collective agreements providing educational leave for the purpose of trade union training as well as any pertinent extracts from reports, studies, surveys or statistics relating to the granting of paid educational leave.