CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Azerbaijan (RATIFICATION: 2000)

Other comments on C105

Observation

Direct Request

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Article 1(c) of the Convention. Disciplinary sanctions applicable to public officials. The Committee previously noted that, under section 314.1 of the Criminal Code, the non-performance or improper performance by public officials of their duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by correctional work or by deprivation of freedom (which involves compulsory prison labour). It requested the Government to provide information on the application of section 314.1 of the Criminal Code in practice, including copies of any relevant court decisions. Noting that the Government does not provide any information in this regard, the Committee again requests the Government to provide information on the subject matter of the court decisions passed under section 314.1 of the Criminal Code, which could define or illustrate its scope, including sample copies of such decisions, in order to enable the Committee to ascertain whether this provision is used or not as a means of labour discipline within the meaning of the Convention.

Article 1(d). Sanctions for participating in strikes. In its earlier comments, the Committee referred to section 233 of the Criminal Code, under which sanctions of imprisonment (involving compulsory labour) or correctional work may be imposed for the organization of group actions violating public order and resulting in disturbances of operation of transport or work of enterprises, institutions or organizations. It requested the Government to indicate whether section 233 is applicable to participants in unlawful strikes and to supply information on its application in practice, including copies of any relevant court decisions.

The Committee observes that section 233 of the Criminal Code is worded in broad terms and penalizes with sanctions involving compulsory labour the peaceful participation in group actions. The Committee recalls the importance it attaches to the general principle that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that no penal sanctions should be imposed upon a worker for the mere fact of peaceful participation in a strike (General Survey on the fundamental Conventions, 2012, paragraph 315). The Committee therefore once again expresses the firm hope that the Government will indicate the measures taken or envisaged to ensure, both in law and in practice, that no sanctions involving compulsory labour can be imposed for the mere fact of peacefully participating in strikes. Pending the adoption of such measures, the Committee requests the Government to supply information on the application in practice of section 233 of the Criminal Code, including copies of relevant court decisions and indicating the penalties applied.