Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Minimum Age Convention, 1973 (No. 138) - Azerbaijan (Ratification: 1992)

Other comments on C138

Observation

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2021

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Article 2(1) of the Convention. 1. Scope of application and the application of the Convention in practice. In its previous comments, the Committee observed that the provisions relating to the minimum age of admission to employment or work in the Labour Code did not appear to apply to work performed without an employment agreement, including self-employment or work in the informal sector. The Committee however noted the Government’s statement that the Convention constitutes part of the labour legislation in the country and must therefore be implemented by all employers and private individuals. The Committee further noted the significant number of children involved in informal work in the agricultural sectors of tea, tobacco and cotton, including in hazardous situations, as well as children who work on their own account.

The Committee notes the Government’s indication in its report that, various awareness-raising events on preventing child labour were conducted by the state labour inspectorate for employers, police officers, and students in 2020. The Government also indicates that in 2020, the police identified 21 cases of work performed by children without an employment agreement. In addition, three cases of the use of child labour were identified by the state labour inspectorate. In this connection, administrative fines of 3,000 Azerbaijani manats (AZN) were imposed on the employers for employing children under 15 years of age, in accordance with section 192.8 of the Code of Administrative Offences. However, the Committee once again observes that while a significant number of children are involved in informal work in the agricultural sectors of tea, tobacco and cotton, including in hazardous situations, only few cases of the use of child labour were identified by the state labour inspectorate and the police. The Committee requests the Government to take the necessary measures to ensure that the Convention is applied to children and young persons who perform work without an employment agreement including self-employment or work in the informal economy. Referring to its comments made under the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee once again urges the Government to take measures to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy and on their own account, particularly in the agricultural sector. The Committee also requests the Government to provide information on the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate and the police as well as the penalties imposed.

2. Minimum age for admission to employment or work. For many years, the Committee has been pointing out that the minimum age of 16 years for admission to employment or work specified upon the ratification of the Convention under its Article 2(1) is not established in the national legislation. In particular, section 42(3) of the Labour Code allows a person who has reached the age of 15 years to be part of an employment contract, and section 249(1) specifies that “persons who are under the age of 15 shall not be employed under any circumstances”.

The Committee notes with concern that the relevant provisions of the Labour Code have not been amended with a view to raise the minimum age for admission to employment or work from 15 to 16 years. The Committee notes the Government’s indication that raising the minimum age from 15 to 16 years would restrict the existing opportunity to work for children who have reached 15 years of age, which is the age of completion of compulsory education. Recalling that the Convention allows and encourages the raising of the minimum age but does not permit lowering of the minimum age once specified, the Committee once again urges the Government to take the necessary measures, without further delay, to ensure the establishment of a minimum age of 16 years for admission to employment or work in the Labour Code.