Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Azerbaiyán

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 2000)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 2000)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the two ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) in a single comment.

Articles 2(1), 3(1), 13, 16, 17 and 23 of Convention No. 81 and Articles 4, 6(1), 18, 21 22 and 23 of Convention No. 129. Labour inspection activities in the informal economy, including the registration of workers and the control of child labour. Following its previous comment on inspection in the informal economy, the Committee notes the Government’s information, according to which the State Labour Inspection Service (SLIS) exercises state supervision over compliance with labour law and regulations by all legal entities operating in the country and by individuals engaged in entrepreneurial activities, as provided for by Presidential Decree No. 386 of 16 February 2011 stipulating Regulations on the SLIS. The Committee also notes the Government’s reference to the electronic information system for registering employment contracts, which leads to strengthened monitoring of worker-employer relations, observance of workers’ labour rights and legalization of informal employment. In addition, according to the annual reports of the Ministry of Labour and Social Protection (MLSP), four cases of employment of persons under 15 years were identified in 2021, compared to three cases in 2020. The Committee requests the Government to provide more detailed information on the activities carried out by the labour inspection services within the informal sector, including the violations identified and sanctions imposed. The Committee also requests the Government to provide detailed information on the activities carried out by the labour inspection services with regard to child labour and the results achieved.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Organization and functioning of the labour inspection system under the supervision and control of a central authority. The Committee previously noted the Government’s indication that, in May 2012, a memorandum was signed setting out the conditions for cooperation between the SLIS and the International Finance Corporation (IFC) with regard to the organization of the SLIS. Noting that the Government has not provided any information in this regard, the Committee once again requests the Government to provide information on whether the memorandum of cooperation signed between the IFC and the SLIS is still in force, and to provide information on any legislative or practical measures carried out in this framework.

Articles 5(a) and 14 of Convention No. 81 and Articles 12 and 19 of Convention No. 129. Notification of cases of occupational diseases to the labour inspection services.Cooperation with other authorities. Following its previous comment, the Committee notes the Government’s indication that occupational diseases are investigated by the Ministry of Health. The Government reiterates that efforts are made to enable effective cooperation between the Ministry of Health and the MLSP. However, the Committee notes that the Government does not specify whether this cooperation includes the communication of data on occupational diseases from the Ministry of Health to the MLSP. Therefore, the Committee requests once again that the Government provide information on the legal and practical measures taken to determine the manner in which labour inspectors are notified of cases of occupational disease in accordance with Article 14 of Convention No. 81 and Article 19 of Convention No. 129. It also once again requests the Government to provide concrete information on the arrangements to promote collaboration with the Ministry of Health, particularly on the exchange of relevant data.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors.Noting the absence of relevant information, the Committee once again requests the Government to provide information on the status and conditions of service granted to labour inspectors to ensure their independence from any improper external influences. In this regard, it again requests the Government to provide information on the conditions of service of labour inspectors compared with those of public officials exercising similar functions, such as tax inspectors.

Articles 15(c) and 16 of Convention No. 81 and Articles 20(c) and 21 of Convention No. 129. Confidentiality of the source of any complaint. Following its previous comment, the Committee notes that, regarding the compliance of labour legislation, the 2021 annual report of the MLSP only refers to the examination of appeals received from various bodies. The Committee also notes that the Government’s once again refers to “a variety of measures” taken by the management of the SLIS to guarantee “absolute confidentiality with regard to the source of information”, without providing further details. The Committee therefore requests once again that the Government provide information on any measures taken to establish a legal basis for the principle of confidentiality of the source of any complaint made to the SLIS. It also once again requests the Government to provide information on the practical measures taken by the management of the SLIS to guarantee that the source of information is not revealed by inspectors during inspection visits following a complaint.

Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12, 26 and 27 of Convention No. 129.Publication of the annual report on the work of the labour inspection services and transmission to the Office. Maintenance of a register of enterprises liable to inspection. Following its previous comment, the Committee notes the Government’s information, according to which, an electronic information system for registering employment contracts has been operational since 1 July 2014, which created a database containing details of workers and employers and strengthening the state oversight of the labour market. The Government also indicates that as of 1 June 2022, a total of 370 persons are employed by the SLIS, of which 182 are inspectors (177 in 2018). Regarding inspection activities in agriculture, the Government states that, from 1 July 2018 to 31 May 2022, the SLIS examined 988 complaints, with 188 offences identified. Moreover, 39 accidents were investigated in agriculture, with 12 fatalities and 37 workers injured. The Committee also takes note of the annual report of the MLSP published on its official website, which contains information on the number of workers, violations detected, amount of fines imposed and the number of industrial accidents. The Government also indicates that an annual report on the activities of the SLIS is prepared in a limited number of copies for official use, with main findings disseminated by the media. The Committee requests the Government to ensure that annual reports on the work of the labour inspection services are published and forwarded to the Office, as required by Article 20 of Convention No. 81 and Article 26 of Convention No. 129, and that they include, either as a separate report or as part of the general report, information on agriculture. It also requests the Government to take the necessary measures to ensure that the annual report include information on all the subjects covered by Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, including specifically the number of workplaces liable to inspection, the statistics of inspection visits and the statistics of occupational diseases.

Specific issues in relation to agriculture

Article 6(1)(b) of Convention No. 129. Preventive activities by the labour inspectorate in agriculture. Following its previous request, the Committee notes the Government’s indication that the SLIS organized awareness-raising activities at agricultural enterprises. Seminars, meetings and other activities are also carried out across the country by regional bodies of the SLIS on the occasion of the World Day for Safety and Health at Work. The Committee takes note of this information which addresses its previous request.

Article 9(3) of Convention No. 129. Training of labour inspectors concerning their functions in agriculture. The Committee notes the Government’s response to its previous comment that the SLIS consists of labour inspectors who are multidisciplinary specialists, and that their remit includes monitoring compliance with labour law in respect of agriculture workers. The Government also indicates that as part of the European Union twining project entitled “Support to the SLIS in Occupational Health and Safety Enhancement in the Republic of Azerbaijan”, training courses on labour inspection in agriculture were carried out by foreign experts in September 2012 for labour inspectors. Noting that the European Union twining project ended in 2013, the Committee requests that the Government provide more detailed and up-to-date information on the training activities relating to agriculture, specifically the content of training sessions, their frequency and duration, and the number of participants attending.

Article 13 of Convention No. 129. Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes the reiterated indication of the Government according to which the Tripartite Council on occupational safety and health (OSH) at the MLSP, supported by the social partners, has facilitated more effective labour inspections in agriculture. The Committee therefore once again requests that the Government provide information on the mandate of the Tripartite OSH Council with regard to agriculture and, if applicable, a copy of any relevant legal text. It also once again requests the Government to provide information on the role of the SLIS in the OSH Council, the topics dealt with, and to specify how the work of the Council has facilitated more effective inspections in agriculture and improved the working and living conditions in agricultural undertakings. In addition, having previously noted the information on regular seminars and meetings with the social partners, the Committee once again requests that the Government provide detailed information in this regard.

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