Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Sexual harassment. The Committee refers to its previous comments requesting information on the measures taken by parties to collective agreements with a view to preventing sexual harassment at work, as required by section 31 of the Labour Code, and any educational or awareness-raising measures undertaken by the Government as a means of preventing sexual harassment at work. The Committee notes that the Government’s report only reiterates the applicable legal provision (section 31 of the Labour Code). The Committee again requests the Government to provide information on any measures taken and effectively implemented by the workers’ and employers’ organizations, or the Government, with a view to preventing and addressing sexual harassment at the workplace, including specific examples of awareness-raising activities carried out.

Exclusion of women from certain occupations, and special protective measures. The Committee has raised concerns over a number of years regarding the exclusion of women from certain occupations, pursuant to Decision No. 170 of 20 October 1999, made under section 241 of the Labour Code. The Committee notes the Government’s indication that the labour policy concerning women is based on the principle of making women’s work easier. According to the Government, this is achieved through measures relating to both their biological characteristics and their family responsibilities. The Committee understands from the Government’s reply that the main reason behind the establishment of a list of occupations prohibited to women is the will to protect their health and safety. In this respect, the Committee recalls that special protective measures for women, which are based on stereotyped perceptions regarding their capacity and role in society, violate the principle of equality of opportunity and treatment in employment and occupation. It considers that such measures should be limited to maternity protection, so as not to constitute obstacles to the recruitment and employment of women. The Committee therefore asks the Government to review Decision No. 170, of 20 October 1999, establishing the list of occupations from which women are excluded, to ensure that special protective measures are strictly limited to protecting maternity and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, are repealed. Please provide information on the steps taken in this regard.

Cooperation with workers’ and employers’ organizations. The Committee notes that a general collective agreement, which determines, inter alia, agreed action in the field of labour relations, was concluded for 2008–09 between the Confederation of Trade Unions of Azerbaijan and the National Confederation of Entrepreneurs. The Committee requests the Government to provide information on specific measures or action undertaken by the parties to the general collective agreement to promote effectively the principle of equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin.

Enforcement. The Committee understands from the annual report on the activities of the Human Rights Ombudsperson (2009) that she collaborated with the State labour inspectorate as regards violations of labour legislation. Noting that the report does not mention any complaints or cases concerning discrimination, the Committee requests the Government to provide detailed information on the mandate and powers of the Human Rights Ombudsperson in the field of labour legislation, especially discrimination in employment and occupation. It further requests the Government to provide information on the cooperation developed with the State labour inspectorate in this area, including as regards the examination and the outcomes of complaints submitted by workers. Please also communicate information on the number, the nature and the outcome of discrimination cases dealt with by these enforcement authorities.