Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Comments of the International Trade Union Confederation (ITUC). The Committee had previously requested the Government to provide its observations on the comments submitted by the ITUC alleging that despite an adequate protection of trade union rights in law, trade union activities in multinational companies were often reprimanded in practice, that employers often delayed negotiations, unions rarely participated in determining wage levels and were often bypassed in the conclusion of bilateral agreements between the Government and multinational enterprises. The Committee notes that in its report, the Government indicates that as a result of the activity of the Confederation of Trade Unions of Azerbaijan (CTUA), trade unions have been established in more than half of the multinational companies operating in the oil and gas industry. The Government indicates that while under the legislation, the conclusion of collective agreements and accords shall be based on the principles of equality, independence and voluntariness, the CTUA initiatives to establish trade unions are often not sufficient. To address these issues, the Government organizes, on a periodic basis, seminars and conferences with the participation of multinational companies.

Article 4 of the Convention. Bipartite negotiations. The Committee recalls that in its previous comments, it 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 bipartite (between trade unions and the authorities) or tripartite (between trade unions, employers’ organizations and the authorities of the appropriate level) negotiations. While understanding that the aim of this arrangement is to ensure that the obligations undertaken by all parties under collective accords signed following tripartite negotiations are respected, the Committee recalls that Article 4 of the Convention is aimed at promoting free and voluntary bargaining between workers’ organizations and an employer or employers’ organization. It considers that the principle of tripartism, which is particularly appropriate for the regulation of questions of a larger scope (drafting of legislation, formulating labour policies), should not replace the principle of autonomy of workers’ organizations and employers (or their organizations) in collective bargaining on conditions of employment. The Committee therefore invites the Government, in consultation with the social partners, to take additional appropriate measures, including of a legislative nature, in order to encourage and promote collective bargaining between trade unions and employers and their organizations, without interference by the public authority. The Committee reminds the Government that ILO technical assistance remains at its disposal.