Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report.

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 28 August 2007, referring to the issues it had raised last year. In particular, the ITUC alleges that despite the law, an effective system of collective bargaining between unions and enterprise managements has not yet been established: employers often delay negotiations, unions rarely participate in determining wage levels and are often bypassed in the conclusion of bilateral agreements between the Government and multinational enterprises. The ITUC further alleges cases of anti-union discrimination and interference which take place in multinational enterprises. The Committee notes that the Government recognizes that multinational enterprises operating in the country often violate labour and trade union rights and that the conclusion of collective labour agreements or industrial collective accords with such enterprises is not widespread. The Committee recalls that it is the responsibility of the Government to ensure the application of the Convention. The Committee therefore requests the Government to take the necessary measures in order to ensure that multinational enterprises operating on its territory respect freedom of association norms and principles. It requests the Government to keep it informed of the measures taken in this respect. It further requests the Government to provide its observations on the remaining issues raised by the ITUC.

In its previous comments, 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. 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. In that respect, the Committee recalls that while tripartism is particularly appropriate for the regulation of questions of a larger scope (drafting of legislation, formulating labour policies), the principle of tripartism should not replace the principle of autonomy of workers’ organizations and employers (or their organizations) in collective bargaining on conditions of employment. The Committee also recalls that, according to Article 4 of the Convention, 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 and therefore, requests the Government to take measures to amend its legislation so as to bring it into conformity with the Convention.

The Committee reminds the Government that ILO technical assistance remains at its disposal on the abovementioned issues.