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Labour Inspection Convention, 1947 (No. 81) - Azerbaijan (RATIFICATION: 2000)

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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.]

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Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified labour inspection Conventions, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.
Articles 12 and 16 of Convention No. 81 and Articles 16 and 21 of Convention No. 129. Limitations and restrictions of labour inspections. Powers of labour inspectors. 1. Moratorium and restrictions on labour inspections. The Committee notes that, according to the Law of the Republic of Azerbaijan dated October 20, 2015, No. 1410-IVQ “On Suspension of Inspections in the Field of Entrepreneurship”, inspection of business entities in the territory of the Republic of Azerbaijan have been suspended until January 1, 2024. In accordance with the requirements of this Law, inspection of business entities by the Service have been suspended since 1 November 2015, except for control of safe operation of potentially dangerous facilities and mining. Recalling with deep concern that a moratorium placed on labour inspection is a serious violation of the Conventions and with reference to its 2019 general observation on the labour inspection Conventions, the Committee urges the Government to eliminate the temporary ban on inspections and to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of Convention No. 81 and Article 21 of Convention No. 129.
2. Other limitations on labour inspections. The Committee notes that Law No. 714-IVQ of 2 July 2013 regulating inspections of business and protecting the interests of business owners, contains various limitations on labour inspectors’ powers, including with regard to: (i) the frequency of inspections (section 10); (ii) the scope of unscheduled inspections (section 16); (iii) the ability of labour inspectors to undertake inspection visits without previous notice (section 17.3); (iv) the duration of inspections (section 18); and (v) the issues that can be examined in the course of inspections (section 19). The Committee also notes the Government’s indication that, in order to implement paragraph 1.3 of Presidential Decree No. 955 of 28 August 2013 concerning the application of Law No. 714-IVQ of 2 July 2013, a draft decision approving the criteria for identifying risk groups for monitoring of compliance with labour law was submitted to the Cabinet of Ministers for examination in April 2021. In light of the above, the Committee urges the Government to take the necessary measures to revise Law No. 714-IVQ, in order to ensure that labour inspectors: (i) are empowered to make visits to workplaces liable to inspection without previous notice, in conformity with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129; (ii) are empowered to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed in conformity with Article 12(1)(c) of Convention No. 81 and Article 16(1)(c) of Convention No. 129; (iii) can choose not to notify the employer or his representative of their presence, if they consider that such notification may be prejudicial to the performance of their duties, in accordance with Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129; and (iv) are empowered to inspect workplaces as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 16 of Convention No. 81 and Article 21 of Convention No. 129. The Committee further requests the Government to provide information on the development of criteria for identifying risk groups for the government monitoring of labour law compliance, and to provide a copy of the decision adopted.
The Committee is raising other matters in a request addressed directly to the Government.
[ The Government is asked to reply in full to the present comments in 2024.]

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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.

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Articles 3, 5(a), 13, 14 and 21(f) of the Convention. Role of labour inspectors in the field of occupational safety and health and cooperation with other institutions. Notification of cases of occupational diseases and statistics thereof. The Committee notes the information provided by the Government, according to which joint training seminars on occupational diseases and their prevention have been held between the Ministry of Health (MH) and the Ministry of Labour and Social Protection (MLSP). The Committee further notes the Government’s explanation that through the analysis of samples, inspectors are in a position to recommend measures aimed at the prevention of occupational diseases. In this regard, it notes the Government’s indication that, in the framework of projects with the World Bank and the European Union (EU), the establishment of a central laboratory and two regional laboratories for the use of the labour inspection services were foreseen for the end of the year 2012 and that training courses were held for inspectors on using new and modern laboratory equipment and apparatus.
While the Committee welcomes these measures, which should enable inspectors to effectively assess the existence and degree of threats to the health or safety of workers and to order appropriate preventive measures, it however observes that the Government has not reported on any measures taken or envisaged for the establishment of a mechanism for the notification to the labour inspection services of cases of occupational diseases. In this regard, the Committee would like to refer the Government, once again, to paragraphs 118–127 of its General Survey of 2006 on labour inspection, where it emphasized that it is vital that formal mechanisms be put in place to provide the labour inspection with the data it needs to identify high-risk activities and the most vulnerable categories of workers or to ensure that it has access to the data on occupational diseases collected by other institutions. Such information is indispensable to enable labour inspectors to discharge their preventive function as effectively as possible and for the central inspection authority to compile the relevant statistics with a view to the development of an appropriate prevention policy. The Committee once again requests the Government to take the necessary legal and practical measures to determine the cases and manner in which labour inspectors shall be notified of cases of occupational disease, in accordance with Article 14, and to report on any progress made in this regard. Please also ensure that such data is included in future annual reports on the work of the labour inspection services.
Article 4. Organization and functioning of the labour inspection system under the supervision and control of a central authority. The Committee understands from available information in the Azerbaijani mass media that the State Labour Inspectorate (SLI), the State Employment Service (SESS) and the State Social Security Service (SSS) have been brought together under the auspices of the MLSP. It further understands that the structure and regulations of the MLSP and the regulations of the SLI, the SESS and the SSS have been approved by Governmental Order in 2011. In this regard, the Committee also notes the Government’s indication that in May 2012, a memorandum was signed setting out the conditions for cooperation between the SLI and the International Finance Corporation (IFC) with regard to the organization of the SLI. The Committee asks the Government, if applicable, to provide a copy of any legal texts on the organization and regulation of the MLSP, the SLI and the SSS. It would be grateful if the Government would provide an organizational chart of the MLSP and indicate what effects the structural changes have had on the operation of the labour inspection system. Please also send a copy of the memorandum of cooperation signed between the IFC and the SLI if possible, in one of the working languages of the ILO and provide information on any legislative or practical measures carried out in this framework.
Articles 15(c) and 16. Confidentiality of the source of any complaint. The Committee notes that the Government once again refers to the legal obligation of professional secrecy of labour inspectors, but that it has not provided the requested information on legislative measures taken to establish the obligation of confidentiality by labour inspectors as to the source of any complaint bringing to their notice a defect or breach of legal provisions as well as to the relation between the complaint and the visit. It however notes the Government’s reference to “a variety of measures” taken by the management of the SLI to guarantee “absolute confidentiality with regard to the source of information”, without providing any further details. Noting from the Government’s report that during the period from 1 June 2010 to 30 May 2012, the number of workplaces inspected was 11,623, and the number of complaints examined was 9,150, the Committee would like to emphasize, that in order for employers not to be inclined to systematically associate a visit with the existence of a complaint, it is important to ensure that a sufficient number of regular inspection visits are conducted, in relation to inspection visits following a complaint. This would enable inspectors to better guarantee absolute confidentiality with regard to the source of complaints and regarding any connection between a complaint and an inspection visit, thereby preventing the workers concerned from being exposed to possible reprisals. The Committee once again asks the Government to 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 SLI. It further asks the Government to provide information on the measures taken by the management of the SLI to guarantee that the source of information is not revealed by inspectors during inspection visits following a complaint.
International and regional coordination and cooperation in the area of labour inspection. The Committee notes the Government’s reference to training activities and cooperation in the framework of the Regional Alliance of Labour Inspectors in South Eastern Europe, Azerbaijan and Ukraine (RALI), as well as the establishment of bilateral relations with labour inspection services in a number of countries, including Germany, Poland, the Russian Federation and Turkey. It further notes the information provided on projects with the World Bank and the European Union (EU), aimed at strengthening the SLI and enhancing its capacities in occupational safety and health (OSH), as well as several training activities provided to labour inspectors in this framework. According to the Government, the implementation of these projects will lead to the development of an OSH management system, and will include the review of national legislation with regard to EU legislation and the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197). The Committee would be grateful if the Government would provide further information on the activities carried out in the framework of the abovementioned projects with the World Bank and the EU, and any impact these activities may have on the application of the Convention. Please also continue to provide information on the activities carried out in the framework of the RALI, as well on any joint activities in the framework of bilateral agreements with other countries.
Articles 20 and 21. Publication of the annual report on the work of the labour inspection services and transmission to the Office. The Committee notes the information in the Government’s report relating to the period from 1 June 2010 to 30 May 2012 on the number of workplaces inspected, complaints examined, violations reported, recommendations issued, amount of fines imposed and number of industrial accidents occurred. However, it notes that the annual report on the work of the labour inspection services (of which according to the Government, only a few copies are produced for internal use of the MLSP), has not been received by the Office. In this regard, the Committee notes the Government’s indication that the results of the activities of the SLI are disseminated through the media, radio and television, and in electronic form and that a SLI website is currently being developed, which will contain information on the activities of the SLI, as well the annual inspection reports on its activities. The Committee asks the Government to provide information on the progress made with the development of the abovementioned website and the publication of the annual reports on the work of the SLI. It once again requests the Government to ensure that annual reports are forwarded to the Office, within the time limits set out in Article 20 of the Convention, and that they include information on all the subjects covered by Article 21 (a)–(g), needed to assess the level of application of the Convention. The Committee would be grateful if future annual reports would contain the information previously requested to the Government with regard to inspection activities concerning the enforcement of legal provisions relating to the protection of health and safety of workers (including in hot weather conditions).
Labour inspection and child labour. The Committee notes the Government’s reference to a memorandum between governmental and nongovernmental organizations providing for increased cooperation in the efforts to combat child labour, which was adopted in June 2012 at a round table with representatives of the SLI, the National Committee for Family, Women and Children Affairs, other interested Ministries and regional representatives of the ILO. Referring to its comments made under the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No. 182) on the number and situation of working children in Azerbaijan, the Committee once again asks the Government to provide information on the labour inspection activities aimed at combating child labour (number of inspection visits, infringement and nature of infringement reported, etc.), including on the activities carried out with other governmental and nongovernmental institutions, their results and impact on the protection of the rights of working children. The Committee requests the Government to ensure that such information is included in future annual report on the work of the labour inspection services, which according to the information provided, will be published on the website of the SLI.

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The Committee notes that the information contained in the Government’s report for the period from 1 June 2008 to May 2010 and the annual report for 2009 on the activities of the state labour inspection is identical to its previous reports. Consequently, the Committee is bound to repeat its previous comments which read as follows:

Articles 3, 5(a), 14 and 21(g) of the Convention. Role of the labour inspectors in the field of occupational safety and health and cooperation with other institutions. Notification of cases of occupational disease and statistics thereof. The Committee notes that, contrary to Article 14, labour inspectors are not notified of cases of occupational disease. According to the inspection report for 2007, data on cases of occupational disease are handled by the competent bodies within the Ministry of Health. Referring to its General Survey of 2006 on labour inspection (paragraphs 118–127), the Committee wishes to remind the Government that it is vital that formal mechanisms be put in place to provide the labour inspection with the data it needs to identify high-risk activities and the most vulnerable categories of workers or to ensure that it has access to the data on occupational diseases collected by other institutions. Such information is indispensable to enable the labour inspectors to discharge their preventive function as effectively as possible and for the central inspection authority to compile the relevant statistics with a view to the development of an appropriate prevention policy. The Committee therefore requests the Government to take the necessary legal and practical measures to determine the cases and manner in which labour inspectors shall be notified of cases of occupational disease, in accordance with Article 14. It also requests the Government to make appropriate arrangements to promote collaboration with the Ministry of Health and to ensure that the central inspection authority is in a position to include such data in future annual reports on the work of the labour inspection services.

Article 15(c). Confidentiality of the source of any complaint. The Committee wishes to emphasize that the main purpose of this provision is to ensure that workers are protected from the risk of any reprisals by the employer should the labour inspectorate take action as a result of the complaint. Furthermore, confidentiality is essential in ensuring the necessary trust in relations between workers and labour inspectors. The Committee considers that the loyalty oath made by all civil servants, in accordance with article 15 of the Law on public service, to which the Government refers in its report, may not be sufficient to guarantee consistent observance of this specific obligation of confidentiality throughout the country and to ensure the protection of the workers concerned and, as a consequence, the effectiveness of the work of labour inspectors. The Committee therefore encourages the Government to take the necessary measures to establish a legal basis for the principle of confidentiality of the source of any complaint.

Regional cooperation. The Committee notes the signature of the Declaration on regional cooperation of labour inspectorates in south-east Europe, Azerbaijan and Ukraine, in which the signatories express their commitment to the development of regional cooperation with a view to ensuring safe and healthy workplaces and the protection of workers’ rights. The Committee would be grateful if the Government would supply information on the activities undertaken by the labour inspection services in this framework.

In addition, the Committee draws the Government’s attention to the following points raised on the basis of the information made available through the Azerbaijani electronic mass media.

Article 3(1)(a). Functions of the system of labour inspection with respect to protection of workers. The Committee notes the information that all types of labour activities are halted in the open air if the weather temperature passes 41°C. Labour inspectors conduct raids with the purpose of eliminating instances of labour activity in such weather conditions and such raids were conducted in summer 2010 which revealed no instances of employment in such weather. In such hot weather, employers are obliged to create all necessary conditions by, for example, organizing working in shifts to ensure that workers substitute each other and do not get sunstroke in industries with uninterrupted work. If it is not possible to halt the work in the weather passing 41°C employers are required to take additional measures, such as shorten the working time, allow for more frequent breaks, use special anti-sun helmets, provide the working personnel with soft drinks. Moreover, such measures shall be taken by the employer not only in cases when the weather temperature reaches 41°C but also in lower temperatures if the weather outside is intolerably hot. However, according to the same source, it is possible to see people working in such weather conditions in Baku City, who are not even provided with soft drinks. The Committee would be grateful if the Government would provide information on the measures taken and activities held to ensure that workers are protected in conditions detrimental to their health and safety and statistics of such inspections and results achieved during the period covered by the next report on the application of the Convention. The Government is also requested to provide information on the legislation providing for such protection and the role of labour inspectors in its implementation.

Also according to the information available in the Azerbaijani electronic mass media, the Parliament adopted the Law “on compulsory insurance of disability resulting from occupational diseases and accidents at work” in 2010, which is also applicable to prisoners involved in labour activities, students and schoolchildren undertaking internship, military servants involved in work in enterprises, individuals engaged in private entrepreneurship, as well as military servants involved in work in emergency situations. The Law is also applicable with respect to foreigners.

The head of State Labour Inspectorate (SLI) expressed the opinion that implementation of the Law will not be difficult since the statistics of the most recent years demonstrate an improvement in this field. The Committee would be grateful if the Government would indicate the impact of the Law on the scope, activities and results of labour inspection in the workplaces covered under the Convention. The Government is also requested to provide a copy of the Law and any other relevant text.

Articles 20 and 21. Publication and content of an annual report on labour inspection. According to the information available in the Azerbaijani electronic mass media, the SLI ensured the conclusion of 7,048 labour contracts with individuals illegally involved in work and services in 2009, 6,769 (96 per cent) of which were in private sector organizations. During 2009, 55 cases of dismissal of workers in violation of the labour legislation were identified, and the workers were later reinstated in their positions; administrative decisions were also taken and fines imposed in the amount of 553,870 new manats (AZN) in respect of 162 officials and legal persons for administrative offences. The Committee requests the Government to ensure that the future annual reports on labour inspection are published and forwarded in a timely manner to the Office, and include more detailed information, such as the information requested in Article 21 of the Convention and recommended in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), needed to assess the level of application of the Convention.

International cooperation. According to the information available in the Azerbaijani electronic mass media, the SLI started a joint project on “The potential of the SLI in implementing the relevant legislation and safety at work” with the Dutch international consultative group “TNO – the quality of life” in 2009. The project is for five years and, mainly, envisages the provision of consultative services to the SLI on the international practice of labour protection. The project has a recommendatory nature and does not require any financial resources. The Committee would be grateful if the Government would provide information on this project, its objectives, implementation schedule, results to be achieved and impact on labour inspection activities, as well as information on any other similar projects carried out by the SLI and any relevant text.

Labour inspection and child labour. The Committee notes that special attention in the SLI’s work in 2009 was drawn to the employment of persons younger than 18. In the reported period, 62 cases of violation of labour rights of workers younger than 18 were identified. It was established that such violations took place primarily in non-state enterprises in the field of trade, public catering and provision.

As regards the data of the first ten months of 2010, 20 cases of child labour exploitation were registered by the SLI. Most of these violations were revealed in the fields of trade, public catering, and a small number in the field of industry. The employers were fined, by virtue of Article 318 of the Code of Administrative Violations of the Azerbaijan Republic, in the amount of AZN1,000–2,000 (US$1,250–2,500). Moreover, it is indicated that instances of child labour exploitation can be reported through a “hotline” operating within the Ministry of Labour and Social Protection of the Population.

The Committee would be grateful if the Government would provide, in its next report, information on the labour inspection activities aimed at combating child labour, its results and impact on the protection of the labour rights of workers younger than 18 years of age.

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The Committee notes the Government’s report for the period from 1 June 2006 to May 2008 and the annual report for 2007 on the activities of the state labour inspection.

Articles 3, 5(a), 14 and 21(g) of the Convention. Role of the labour inspectors in the field of occupational safety and health and cooperation with other institutions. Notification of cases of occupational disease and statistics thereof. The Committee notes that, contrary to Article 14, labour inspectors are not notified of cases of occupational disease. According to the inspection report for 2007, data on cases of occupational disease are handled by the competent bodies within the Ministry of Health. Referring to its General Survey of 2006 on labour inspection (paragraphs 118–127), the Committee wishes to remind the Government that it is vital that formal mechanisms be put in place to provide the labour inspection with the data it needs to identify high-risk activities and the most vulnerable categories of workers or to ensure that it has access to the data on occupational diseases collected by other institutions. Such information is indispensable to enable the labour inspectors to discharge their preventive function as effectively as possible and for the central inspection authority to compile the relevant statistics with a view to the development of an appropriate prevention policy. The Committee therefore requests the Government to take the necessary legal and practical measures to determine the cases and manner in which labour inspectors shall be notified of cases of occupational disease, in accordance with Article 14. It also requests the Government to make appropriate arrangements to promote collaboration with the Ministry of Health and to ensure that the central inspection authority is in a position to include such data in future annual reports on the work of the labour inspection services.

Article 15(c). Confidentiality of the source of any complaint. The Committee wishes to emphasize that the main purpose of this provision is to ensure that workers are protected from the risk of any reprisals by the employer should the labour inspectorate take action as a result of the complaint. Furthermore, confidentiality is essential in ensuring the necessary trust in relations between workers and labour inspectors. The Committee considers that the loyalty oath made by all civil servants, in accordance with article 15 of the Law on public service, to which the Government refers in its report, may not be sufficient to guarantee consistent observance of this specific obligation of confidentiality throughout the country and to ensure the protection of the workers concerned and, as a consequence, the effectiveness of the work of labour inspectors. The Committee therefore encourages the Government to take the necessary measures to establish a legal basis for the principle of confidentiality of the source of any complaint.

Regional cooperation. The Committee notes the signature of the Declaration on regional cooperation of labour inspectorates in south-east Europe, Azerbaijan and Ukraine, in which the signatories express their commitment to the development of regional cooperation with a view to ensuring safe and healthy workplaces and the protection of workers’ rights. The Committee would be grateful if the Government would supply information on the activities undertaken by the labour inspection services in this framework.

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The Committee notes the information provided by the Government in reply to its previous comments on the duties and training of inspectors and on the staff numbers of the labour inspectorate. It would be grateful if the Government would provide information in its next report on the following points.

Articles 11 and 16 of the Convention. Transport facilities and reimbursement of transport expenses paid out by inspectors. Inspections. According to the Government, when inspectors travel to the regions to discharge their duties, their mission expenses are paid, in accordance with the legislation. However, transport is neither provided nor paid for. With a view to ensuring that labour inspectors are able to carry out inspections as often as necessary, in accordance with Article 16, the Committee requests the Government to take the necessary measures to provide them with adequate transport facilities or to reimburse the transport expenses that they have paid out. The Government is also requested to provide a copy of the legislation respecting the mission expenses of inspectors.

Article 14. Notification of cases of occupational disease. In reply to the Committee’s request on this subject, the Government indicates that when an inspector believes that an occupational disease may develop at a workplace, tests are carried out in the laboratories of the labour inspectorate. If these tests reveal factors likely to give rise to such a pathology, instructions are issued by the inspector to the director of the enterprise so that measures are taken for their elimination. The Committee takes due note of these preventive measures. Nevertheless, it would be grateful if the Government would indicate whether, as required by this Article of the Convention, the legislation establishes the cases and manner in which industrial accidents and cases of occupational disease shall be notified to the labour inspectorate and, if so, to specify the information and notification procedure envisaged for this purpose.

Article 15(c). Obligation of confidentiality by labour inspectors. The Committee requests the Government to indicate whether the legislation establishes the obligation for inspectors to treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and requiring that they shall give no intimation to the employer or his or her representative that a visit of inspection was made in consequence of the receipt of such a complaint.

Articles 17 and 18. Prosecution of violations and application of sanctions. The Committee would be grateful if the Government would provide the information available on the action taken by the judiciary on the cases referred to it by the labour inspectorate.

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes the data on the number of workplaces inspected, complaints examined, violations reported and recommendations issued by labour inspectors and the data on the amount of the fines imposed and the number of cases referred to the prosecution services. It however notes that the annual report on the work of the labour inspection services, the publication and communication to the ILO of which are envisaged in section 8(10) of Order No. 20 of 2000, approving the Regulations on the State Labour Inspectorate of the Ministry of Labour and Social Protection, and which the Government indicated had been provided to the Office, has not been received. It hopes that the Government will be in a position to provide a report published by the central inspection authority within the time limits set out in Article 20 of the Convention and that it will contain information on the subjects enumerated in points (a) to (g) of Article 21.

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The Committee notes with interest the Government’s first report. So that it may better assess the effect given to the various provisions of the Convention, it would be grateful if the Government would provide additional information on the following points in its next report.

1. Legislation. Please send Decree No. 544 of 27 January 1997 issued by the President of the Republic establishing the State Labour Inspectorate, and Decree No. 20 of 19 November 2002 issued by the Cabinet of Ministers issuing the Statute of the State Labour Inspectorate.

2. Duties of labour inspectors. Please specify the extent to which labour inspectors are responsible for drawing the competent authority’s attention to shortcomings or abuses that are not specifically covered by the existing legal provisions (Article 3, paragraph 1(c), of the Convention). Please indicate the manner in which it is ensured that any further duties entrusted to labour inspectors are not such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers (Article 3, paragraph 2).

3. Training of labour inspectors. Please provide detailed information on the content and duration of initial training of labour inspectors and the nature of their subsequent training in the course of employment (Article 7, paragraph 3).

4. Appointment of both men and women. Please indicate the proportion of women on the labour inspectorate staff in the various duties and at all levels of responsibility (Article 8).

5. Size of the inspectorate staff. Please indicate the manner in which the number and distribution of inspectors in the country take account of the criteria set in Article 10 of the Convention.

6. Material resources for inspectors. Please provide information on the budgetary resources assigned to the premises and transport facilities made available to labour inspectors (Article 11, paragraph 1). Please specify the arrangements for reimbursing to labour inspectors any travelling and incidental expenses they need in order to perform their duties (Article 11, paragraph 2).

7. Notification of occupational diseases. Please indicate the arrangements made or envisaged to ensure that labour inspectors are informed of cases of occupational diseases, in accordance with Article 14 of the Convention.

8. Publication of an annual report. Please send to the ILO regularly and within the time limits established the publication containing the annual labour inspection report, in accordance with Articles 20 and 21 of the Convention.

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