Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Azerbaïdjan

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 2000)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 2000)

In order to provide a comprehensive view of the issues relating to the application of the two ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention Nos 81 and 129 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. The Committee notes from the information contained in the Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises submitted to the United Nations Human Rights Council at its 29th session in June 2015 (A/HRC/29/28/Add.1) (hereinafter the Report of the Working Group of the HRC) that approximately 67 per cent of the population work without formal labour contracts in the informal economy and therefore fall outside the protection of the Labour Code. The Committee also notes the Government’s indication that from June 2012 to May 2015, 1,062 employment contracts were concluded with workers who had been hired without an employment contract. It also notes that an electronic information system for the registration of labour contracts was launched in July 2014 in order to facilitate the monitoring of compliance with workers’ rights.

In addition, the Committee recalls that it noted in its 2014 comment, in relation to Article 2(1) of the Minimum Age Convention, 1973 (No. 138), the need to strengthen the capacity of the labour inspectorate in relation to the control of child labour in the informal economy, particularly on cotton, tobacco and tea plantations. The Committee requests the Government to provide information on the consideration given to bringing workers in the informal economy under the purview of the national labour legislation. It further requests the Government, where applicable, to provide detailed information on the activities carried out by the labour inspection services within the informal sector, including the formalization of labour, to ensure that workers’ rights are secured. 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, in particular on cotton, tobacco and tea plantations.

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 a reorganization of the labour inspection services, which brought together the State Labour Inspectorate Service (SLIS), the State Employment Service (SESS) and the State Social Security Service (SSS) under the auspices of the Ministry of Labour and Social Protection (MLSP). It also 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 a copy of any legal texts concerning the organization and regulation of the labour inspection services under the MLSP. It also reiterates its request to the Government to provide an organizational chart of the MLSP and indicate what effects the structural changes have had on the operation of the labour inspection system.

In addition, the Committee once again requests that the Government provide a copy of the memorandum of cooperation signed between the IFC and the SLIS, 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. With reference to its previous comments, the Committee notes once again that the Government has not provided any information on the measures taken or envisaged for the establishment of a mechanism for the notification to the labour inspection services of cases of occupational diseases. It also notes the Government’s reiterated indication, in its report under Convention No. 129, that statistics of occupational diseases are collected by the relevant services of the Ministry of Health.

While the Committee notes the information provided by the Government in its report under these Conventions that efforts have been undertaken to enable the effective cooperation between the services of the Ministry of Health and the MLSP, the Committee also 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. The Committee further notes that the Report of the Working Group of the HRC recommends the improvement of the collection of data on occupational safety and health, including through enhanced collaboration between the MLSP and the State Statistical Committee. The Committee once again requests the Government to provide information on the legal and practical measures taken to determine the cases and 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 that the Government make appropriate arrangements to continue to promote collaboration with the Ministry of Health, particularly on the exchange of relevant data (Article 5(a) of Convention No. 81 and Article 12 of Convention No. 129).

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes that the Report of the Working Group of the HRC recommends anti-corruption efforts focused on the integrity of officers involved in law enforcement at the district or municipal levels. In this context, the Committee recalls its considerations made in paragraph 214 of its General Survey on labour inspection in which it indicated that when inspectors do not receive remuneration commensurate with their responsibilities, they may find themselves treated with disrespect during the conduct of their duties, which detracts from their authority. Moreover, low standards of living can also expose inspection officials to the temptation of treating certain employers leniently in exchange for favours. The Committee requests that the Government 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 requests that the Government 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. The Committee previously noted that it appeared that, during the period from June 2010 to May 2012, the great majority of labour inspections were undertaken as a result of a complaint. In this regard, the Committee emphasized that in order for employers not to be inclined to systematically associate a visit with the existence of a complaint, and to better guarantee confidentiality regarding any connection between a complaint and an inspection visit, it is important to ensure that a sufficient number of regular inspection visits are conducted, in relation to inspection visits following a complaint.

In this regard, the Committee notes that the Government merely repeats its previous indications that “a variety of measures” are taken by the management of the SLIS to guarantee “absolute confidentiality with regard to the source of information”, without providing further information. The Committee therefore once again requests 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 that the Government 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 (in agriculture) and transmission to the Office. Maintenance of a register of enterprises liable to inspection. The Committee notes that once again no annual report on the work of the labour inspection services has been received by the Office and that, while the Government indicates that a website has been created that contains annual inspection reports on the activities of the SLIS, the Committee has not been able to access the web address provided by the Government. Concerning agriculture, the Committee notes, however, the information provided by the Government on (i) the number of agricultural undertakings inspected, (ii) the complaints examined, (iii) the number of violations detected, (iv) the number of orders issued, (v) the amount of fines imposed, and (vi) the number of industrial accidents investigated. In this context, the Committee also welcomes the information provided by the Government in its report under Convention No. 129 that an electronic information system for the registration of labour contracts was launched in July 2014 in order to facilitate the monitoring of compliance with workers’ rights.

However, the Committee also notes from the information contained in the Report of the Working Group of the HRC that the “Law on Right to Obtain Information” passed in 2012, together with amendments to the “State Law on Registration of Legal Entities and the Law on Commercial Secrets” means that enterprises are exempt from the requirement to provide public information about their registration, ownership and structure. It further notes from the information in this report that several stakeholders from independent media and civil society indicated that it was difficult to properly identify certain businesses and their owners to monitor compliance with national and international law. In this regard, the Committee recalls its general observations of 2009 and 2010, in which it emphasized the usefulness of the establishment of a regularly updated register of enterprises to determine priorities for inspections and to facilitate the publication of an annual inspection report, which is as an essential basis for evaluating in practice the activities of the labour inspection services and, subsequently, determining the means necessary to improve their effectiveness.

The Committee requests the Government to indicate the measures taken to ensure the drawing up of an updated register of workplaces liable to inspection. In this regard, it also requests that the Government provide information on the obligation of employers to register their economic activity. The Committee requests the Government to also provide further details on the experience gained in relation to the registration of labour contracts in the new electronic information system (registration requirements, practical measures taken, number of contracts registered, etc.).

Moreover, the Committee once again requests the Government to ensure that annual reports (which should include, either as a separate report or as part of the general report, information on agriculture) are published and forwarded to the Office, within the time limits set out in Article 20 of Convention No. 81 and Article 26 of Convention No. 129, and that they 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. It requests the Government in any event to provide statistical information that is as detailed as possible on the activities of the labour inspection services (industrial, commercial and agricultural workplaces liable to inspection), number of inspections (unannounced, planned or in response to a complaint) undertaken therein, infringements detected and the legal provisions to which they relate (such as those relating to wages, working time, minimum age for admission to employment and OSH requirements), penalties applied, number of occupational accidents and diseases, and inspection activities concerning the enforcement of legal provisions relating to the protection of health and safety of workers (including in hot weather conditions), etc.

Specific issues in relation to agriculture

Article 6(1)(b) of Convention No. 129. Preventive activities by the labour inspectorate in agriculture. The Committee notes the information provided by the Government concerning the preventive activities of the labour inspectorate. However, it also notes that the Government has not replied to its request concerning the specific preventive activities carried out in relation to agriculture. The Committee therefore once again requests that the Government provide information on any preventive labour inspection actions and initiatives relating to agriculture.

Article 9(3) of Convention No. 129. Training of labour inspectors concerning their functions in agriculture. The Committee notes the Government’s indication that labour inspectors are multi-profile specialists covering all sectors, including agriculture. It also notes the Government´s indication that training in the context of a project financed by the European Union also included training on issues arising in agriculture.

It notes however that the Government has not provided any details in relation to the training activities relating to agriculture (such as, for instance, the monitoring of machinery, the risks involved when dealing with pesticides and chemical substances, etc.). The Committee therefore once again requests that the Government supply more detailed information on the training activities relating to agriculture (that is content, frequency, duration, number of participants, etc.).

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 that the Government provide information on the role of the SLIS in the OSH Council, the topics dealt with, and 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.