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In which cases is compulsory labor permitted?
In which cases is compulsory labor permitted?
Commentary by Expert Nusrat Khalilov. One of the fundamental rights and obligations established in the Constitution of the Republic of Azerbaijan is the right to work, as reflected in Article 35. According to this article, labor is the foundation of individual and social welfare. Everyone has the right to freely choose their type of activity, profession, occupation, and workplace based on their ability to work. No one may be forced to work.
Article 17 of the Labor Code regulates the prohibition of forced labor. It is forbidden to compel an employee by any means or threat to perform work (service) not included in their job function, or to do so under the threat of termination of the employment contract. Persons found guilty of subjecting an employee to forced labor shall be held liable in accordance with the law. Under Article 193 of the Code of Administrative Offenses of the Republic of Azerbaijan, forcing an employee to perform work (service) not included in their job function under the threat of dismissal or deprivation of benefits and privileges provided by a collective agreement is punishable by a fine ranging from 1,000 to 2,000 manats.
In addition, Article 144-1 of the Criminal Code establishes liability for human trafficking. According to this article, human trafficking refers to the recruitment, acquisition, retention, concealment, transportation, transfer, or receipt of a person for the purpose of exploitation through the threat or use of force, coercion, abduction, deception, abuse of power or of a position of vulnerability, or by offering or receiving material or other benefits to obtain the consent of a person having control over another.
“Exploitation of a person” in this context includes forced labor (service), sexual exploitation, slavery, practices similar to slavery and resulting dependence, illegal removal of human organs and tissues, unlawful biomedical experimentation, the use of women as surrogate mothers, and involvement in illegal or criminal activity. The degree of responsibility is defined in the same article.
The International Labour Organization’s Convention No. 105 “Abolition of Forced Labour,” adopted on June 25, 1957, in Geneva, was ratified by the Law of the Republic of Azerbaijan No. 847-IQ dated March 24, 2000. Each member state that ratifies this Convention undertakes to suppress and eliminate all forms of forced or compulsory labor.
Forced labor is permitted only in cases provided by law:
— execution of final court judgments under the supervision of relevant state authorities;
— performance of duties during military service in compliance with the orders of authorized persons;
— carrying out necessary work during a state of emergency or martial law.
Article 35 of the Constitution of the Republic of Azerbaijan also states that in certain cases, compulsory labor may be allowed — only for the execution of court decisions, during a state of emergency or martial law, or when performing lawful orders in military service. Such cases are strictly limited by law and may be applied only under conditions ensuring the protection of everyone’s rights.
According to Article 17 of the Labor Code, except for the above-mentioned cases, forced labor is strictly prohibited. No one can be compelled to conclude an employment contract if they are not in, and do not wish to enter into, labor relations.
Commentary by Expert Nusrat Khalilov. One of the fundamental rights and obligations established in the Constitution of the Republic of Azerbaijan is the right to work, as reflected in Article 35. According to this article, labor is the foundation of individual and social welfare. Everyone has the right to freely choose their type of activity, profession, occupation, and workplace based on their ability to work. No one may be forced to work.
Article 17 of the Labor Code regulates the prohibition of forced labor. It is forbidden to compel an employee by any means or threat to perform work (service) not included in their job function, or to do so under the threat of termination of the employment contract. Persons found guilty of subjecting an employee to forced labor shall be held liable in accordance with the law. Under Article 193 of the Code of Administrative Offenses of the Republic of Azerbaijan, forcing an employee to perform work (service) not included in their job function under the threat of dismissal or deprivation of benefits and privileges provided by a collective agreement is punishable by a fine ranging from 1,000 to 2,000 manats.
In addition, Article 144-1 of the Criminal Code establishes liability for human trafficking. According to this article, human trafficking refers to the recruitment, acquisition, retention, concealment, transportation, transfer, or receipt of a person for the purpose of exploitation through the threat or use of force, coercion, abduction, deception, abuse of power or of a position of vulnerability, or by offering or receiving material or other benefits to obtain the consent of a person having control over another.
“Exploitation of a person” in this context includes forced labor (service), sexual exploitation, slavery, practices similar to slavery and resulting dependence, illegal removal of human organs and tissues, unlawful biomedical experimentation, the use of women as surrogate mothers, and involvement in illegal or criminal activity. The degree of responsibility is defined in the same article.
The International Labour Organization’s Convention No. 105 “Abolition of Forced Labour,” adopted on June 25, 1957, in Geneva, was ratified by the Law of the Republic of Azerbaijan No. 847-IQ dated March 24, 2000. Each member state that ratifies this Convention undertakes to suppress and eliminate all forms of forced or compulsory labor.
Forced labor is permitted only in cases provided by law:
— execution of final court judgments under the supervision of relevant state authorities;
— performance of duties during military service in compliance with the orders of authorized persons;
— carrying out necessary work during a state of emergency or martial law.
Article 35 of the Constitution of the Republic of Azerbaijan also states that in certain cases, compulsory labor may be allowed — only for the execution of court decisions, during a state of emergency or martial law, or when performing lawful orders in military service. Such cases are strictly limited by law and may be applied only under conditions ensuring the protection of everyone’s rights.
According to Article 17 of the Labor Code, except for the above-mentioned cases, forced labor is strictly prohibited. No one can be compelled to conclude an employment contract if they are not in, and do not wish to enter into, labor relations.