Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 4 of the Convention. Bipartite negotiations. Observing that pursuant to section 36(1) of the Labour Code (1999), collective accords (general, sectoral (tariff) and territorial (regional)) are concluded between the relevant executive authorities and trade unions at the appropriate level, the Committee had previously requested the Government to take measures, including of a legislative nature, in order to encourage and promote collective bargaining between trade unions and employers and their organizations. While noting that the Government points out that pursuant to section 36(2) of the Labour Code, as well as the definition of the term “collective accord” set out in section 3(7) of the Code, employers can also be a party to a collective accord, the Committee regrets that no measures had been taken to amend section 36(1) of the Labour Code. 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. The Committee is therefore bound to reiterate its previous request. It expresses the hope that the Government’s next report will contain information on the measures taken or envisaged in this respect. The Committee reminds the Government that technical assistance of the Office remains at its disposal.