Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Azerbaijan (Ratification: 1992)

The Committee notes the Government’s report.

In its previous direct request, the Committee had noted that the legislation made a distinction between a “collective agreement”, concluded at the enterprise level following bipartite negotiations between workers and employers, and a “collective accord”, concluded at industry, territorial or national levels following tripartite negotiations between trade unions of appropriate level, the National Confederation of Entrepreneurs’ (employers’) organization and the authorities and requested the Government to indicate the reasons for the participation of the authorities in the conclusion of general, industrial and territorial collective accords. The Committee notes the Government’s statement to the effect that, it considers that the participation of the state bodies in the conclusion of collective accords corresponds to the principle of tripartism. Recalling once again that free and voluntary bargaining with a view to the regulation of terms and conditions of employment should be conducted between workers’ organizations and an employer or employers’ organizations, the Committee requests the Government to amend its legislation so as to bring it into conformity with Convention No. 98. The Committee requests the Government to keep it informed in this respect. The Committee would like to point out that if the Government wishes, a tripartite body competent in the industrial relations field (and if necessary, for consultations during the preparation of labour legislation) could be established to facilitate collective bargaining by studying general problems, giving advice to the parties to help them solve particular problems they may encounter, as well as to ensure that the parties to collective bargaining take into consideration public interests regarding social and economic policy provided that, in all cases, the parties to collective bargaining, i.e. employers’ and workers’ organizations, keep the right to reach a final decision.