Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Convention (n° 79) sur le travail de nuit des adolescents (travaux non industriels), 1946 - Azerbaïdjan (Ratification: 1992)

The Committee notes the information provided by the Government in its report, in particular, the adoption of a new Labour Code in 1999. It requests the Government to provide information on the following points.

Article 1 of the Convention. The Committee notes that, in accordance with sections 4 and 5, the Labour Code of 1999 applies without distinction to all economic sectors, both public and private. By virtue of these provisions, the Code only applies to persons bound by a contract of employment. In this respect, the Committee notes the Government’s indication in its report that the prohibition upon employing workers under 18 years of age in night work applies to all persons working under contract in enterprises, irrespective of their ownership. It would be grateful if the Government would provide information on the manner in which young persons who are not bound by a contract of employment benefit from the protection afforded by the Convention.

Article 2, paragraph 1. Under this provision of the Convention, children under 14 years of age shall not be employed at night during a period of at least 14 consecutive hours, including the interval between 8.00 p.m. and 8.00 a.m. The Committee notes that, under the terms of section 254(2) of the Labour Code of 1999, the night period for employees under 18 years of age is from 8.00 p.m. to 7.00 a.m. The Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to ensure the application of this provision of the Convention by providing that children under 14 years of age may not be authorized to work during the interval between 8.00 p.m. and 8.00 a.m.

Article 5. The Committee notes the information contained in the Government’s report to the effect that, with regard to artistic performances, it has become necessary to issue regulations in the fields of culture and science, and that the Ministry of Labour and Social Protection, in cooperation with the Ministry of Culture, are working on the formulation of draft legislative texts on this subject. The Committee requests the Government to provide copies of the above texts when they have been adopted.

Article 6, paragraph 1. The Committee notes that, by virtue of section 308 of the Labour Code of 1999, the application of the labour legislation is ensured by the Public Prosecutor’s Office and the national labour inspectorate. The Committee requests the Government to provide additional information on the inspection system and, in particular, to indicate whether, in accordance with paragraph 1(a) of this Article of the Convention, the system of inspection is adapted to the particular needs of the various branches of activities to which the Convention applies.

Under the terms of Article 6, paragraph 1(b), of the Convention, national laws or regulations shall require every employer to keep a register, or to keep available official records, showing the names and dates of birth of all persons under 18 years of age employed by the employer and their hours of work. Furthermore, in the case of children and young persons working in the streets or in places to which the public have access, the register or records shall show the hours of service agreed upon in the contract of employment. The Committee notes the information provided by the Government in its report to the effect that employers keep an account of all the persons whom they employ, including those under 18 years of age, without however indicating the nature of the information that they record. It therefore requests the Government to provide additional information on the nature of such information and to supply a copy of the register.

The Committee would be grateful if the Government would indicate whether special measures have been adopted or are envisaged to assure the identification and supervision of persons under 18 years of age engaged, on account of an employer or on their own account, in employment or occupations carried on in the streets or in places to which the public have access, in accordance with Article 6, paragraph 1(c).

Under the terms of Article 6, paragraph 1(d), of the Convention, national laws or regulations shall provide penalties applicable to employers or other responsible adults for breaches of such laws or regulations. While noting that sections 310-313 of the Labour Code of 1999 envisage the possibility of taking disciplinary, administrative and penal action against those, namely employers, employees or other individuals, who are in breach of the labour legislation, the Committee notes that no provision in the Labour Code appears to provide for the application of specific penalties against persons responsible for these offences. It therefore requests the Government to indicate whether, and in accordance with which provisions, national laws or regulations provide for such penalties.