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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Azerbaijan (RATIFICATION: 1992)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that, according to the Labour Code, the employer has the duty to take the necessary measures to prevent discrimination based on gender and sexual harassment (section 12(1)(g) of the Labour Code) and is liable for the harm which the worker suffers in case of sexual harassment (section 195(g)). Noting that the Government does not provide information on this point, the Committee requests the Government to provide examples of any measures taken by employers under section 12(1)(g) of the Labour Code and indicate how this duty is being enforced. It also requests the Government to provide information on: (i) the content and implementation of any collective agreement adopted, in collaboration with employers’ and workers’ organizations, with a view to preventing and addressing sexual harassment at work; and (ii) the number and outcome of sexual harassment cases dealt with by the State Labour Inspectorate or the courts, as well as on the training and awareness-raising measures taken to prevent and eliminate sexual harassment at work.

Article 1(1)(b). Additional grounds of discrimination. Noting that the Government’s report does not provide any information on this point, the Committee reiterates its request for the list of work and occupations in which it is prohibited to employ persons living with HIV, as provided for under section 16(1) of the Labour Code.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that, with a view to improving the regulation of the world of work and relationships between workers and employers, and with the aim of preventing and eliminating informal employment, the Presidential Decree of 17 March 2017 set up the Commission on Regulation and Coordination of Labour Relations, chaired by the Deputy Prime Minister, consisting of senior officials of the relevant state authorities and the chairpersons of the Azerbaijan Trade Unions Confederation and the National Confederation of Entrepreneurs (Employers) Organizations. The Committee requests the Government to provide information on the mandate and any activities of the tripartite Commission on Regulation and Coordination of Labour Relations which relate to addressing discrimination and promoting equal opportunity and treatment in employment and occupation.

Collective agreements. The Committee notes the Government’s indication that a new tripartite general collective agreement for 2020-2022 was concluded between the Cabinet of Ministers, the Azerbaijan Trade Unions Confederation, and the National Confederation of Entrepreneurs (Employers) Organizations, without providing any information on its content in relation to equality and non-discrimination. The Committee once again requests the Government to provide information on the content of the tripartite general collective agreement currently in force relating to non-discrimination and equality.

Awareness-raising and enforcement. The Committee notes from the 2021 Annual Report of the Ombudperson that awareness-raising activities on gender equality and gender-based and domestic violence have been carried out. The Committee requests the Government to provide information on: (i) the activities of the Commissioner for Human Rights (Ombudsperson) and the State Labour Inspectorate regarding non-discrimination and equality; and (ii) any available information on the number, nature and outcome of cases of discrimination in employment, in both the public and private sectors, dealt with by any competent authorities.