Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Azerbaijan (Ratification: 1993)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the adoption of the Decent Work Country Programme (DWCP) of the Republic of Azerbaijan for 2016−20, whose main objectives include the strengthening of social dialogue mechanisms. In this regard, the DWCP provides that the ILO will supply technical advisory support to the national tripartite constituents to assist them in establishing a national tripartite commission, and in holding effective tripartite consultations on international labour standards in accordance with the requirements of Article 5 of the Convention. The DWCP also envisages the provision of capacity-building for the tripartite constituents and members of the national tripartite commission. In this context, the Committee notes with interest that, on 30 September 2016, the Cabinet of Ministers approved the Decree for the Regulation of the Tripartite Commission for Social and Economic Affairs. The Government indicates that the Tripartite Commission comprises representatives of the Ministry of Labour and Social Protection (MLSPP), the National Confederation of Entrepreneurs (Employers) Organizations (ASK) and the Confederation of Trade Unions of Azerbaijan (CTUA). The main objectives of the Tripartite Commission include consulting on draft legislation in the field of social and labour relations, employment and social security, assisting in the regulation of social and labour relations at the national level, and coordinating work on the drafting of a General Collective Agreement. The Government indicates in this respect that the Tripartite General Collective Agreement for the period 2018−19 was approved by the Cabinet of Ministers on 10 February 2018. The Agreement sets out the position and joint activities of the social partners with respect to the implementation of the State’s socio-economic policy, including the holding of tripartite consultations to develop and implement a socioeconomic policy; and the establishment of a tripartite commission comprising the social partners. In response to the Committee’s previous comments concerning the possible ratification of the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168), the Government indicates that ratification would require fundamental changes in national legislation and that, therefore, this issue is not expected to be examined in the Tripartite Commission in the near future. The Committee also notes that the Government reiterates in its report that it is continuing its efforts to improve the procedure for ratifying ILO Conventions and preparing reports on the application of ratified Conventions. The Committee notes, however, that the Government does not provide concrete information on the content and outcome of tripartite consultations on international labour standards as required under Article 5(1) of the Convention. The Committee therefore once again requests the Government to provide detailed and precise information on the content and outcome of tripartite consultations held on all matters relating to international labour standards covered by the Convention and other activities of the ILO, particularly relating to the questionnaires on the Conference agenda items (Article 5(1)(a)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)). It further requests the Government to indicate the frequency of the tripartite consultations held to give effect to Article 5 of the Convention.

Article 5(1)(b). Submission to the National Assembly. In its previous comments, the Committee reiterated its request that the Government provide information on the consultations held with the social partners on proposals made to the Milli Mejlis (National Assembly) in connection with the submission of the instruments adopted by the Conference. The Committee refers to its 2019 observation on submission to the competent authorities, where it noted with satisfaction the submission to the Milli Mejlis of the Republic of Azerbaijan on 31 July 2019 of some 27 outstanding instruments adopted by the Conference. The Committee, nonetheless, recalls that the Convention requires governments to consult the representative organizations of employers and workers before finalizing proposals to be submitted to the competent authorities concerning the instruments adopted by the Conference (see 2000 General Survey on Tripartite Consultations, para. 85). The Committee therefore once again requests the Government to provide information on the content and outcome of consultations held with the social partners relative to proposals made to the Milli Mejlis (National Assembly) in connection with the submission of the instruments adopted by the Conference.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 5(1) of the Convention. Effective tripartite consultations. The Government indicates in its report that it is continuing its efforts to improve the procedure for ratifying ILO Conventions and preparing reports on the application of ratified Conventions. It adds that reports submitted to the ILO on both unratified and ratified Conventions are consistently sent to employers’ and workers’ organizations. The Committee notes that the Holidays with Pay Convention (Revised), 1970 (No. 132), was ratified on 20 May 2016. The Government further indicates the possibility of ratifying the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168), in consultation with the social partners. In reply to the Committee’s previous comments, the Government indicates that the draft Regulations of the Tripartite Commission on Social and Economic Matters have been submitted to the Council of Ministers for finalization. The Committee requests the Government to provide a copy of the Regulations of the Tripartite Commission on Social and Economic Matters as soon as they are adopted. It also requests the Government to provide information on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly relating to questionnaires on Conference agenda items (Article 5(1)(a)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

Article 5(1)(b). Submission to the National Assembly. The Committee refers to the comments it has been making for several years on the obligation to submit instruments adopted by the Conference to the Milli Mejlis (National Assembly). It recalls that Convention No. 144 goes beyond the obligation set out in article 19 of the ILO Constitution, in that it requires governments to consult the representative organizations of employers and workers before finalizing proposals to be submitted to the National Assembly concerning the instruments adopted by the Conference. The Committee once again requests the Government to provide information on the consultations held with the social partners on proposals made to the Milli Mejlis (National Assembly) in connection with the submission of the instruments adopted by the Conference.

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

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2013 which includes detailed information in reply to the 2011 direct request. The Government indicates that in May 2013 the social partners submitted to the Cabinet of Ministers a draft of the Regulations of the Tripartite Commission on Social and Economic Matters. Work is in progress to harmonize the draft. The Government also indicates that it is still examining the possibility of ratifying the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168). The Committee notes that the parties to the General Collective Agreement for 2012–13 have initiated the ratification process with respect to the Social Security (Minimum Standards) Convention, 1952 (No. 102), and the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128). The Committee invites the Government to continue to provide detailed information on the tripartite consultations held on the matters related to international labour standards covered by Article 5(1) of the Convention. It also refers to its observation on the obligation to submit the instruments adopted by the Conference to the Milli Mejlis (National Assembly) and once again requests the Government to provide information on the effective consultations held with the social partners on the proposals made to the National Assembly when submitting the instruments adopted by the Conference.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 5(1) of the Convention. Tripartite consultations required by the Convention. The Committee notes the Government’s report received in November 2011 which includes information in reply to the 2009 direct request. The Government refers to the tripartite General Collective Agreement for 2010–11 which focuses on socioeconomic priorities and which entered into force on 4 February 2010. The Committee notes with interest that Conventions Nos 156 and 183 were both ratified in October 2010 following tripartite consultations. In its previous report, the Government indicated that consultations were ongoing with regard to Conventions Nos 168, 173 and 184. The Government indicates that it is still examining the possibility of ratification of Convention No. 168. The Committee invites the Government to continue to provide detailed information on the tripartite consultations held on the matters related to international labour standards covered by Article 5(1) of the Convention. It refers to its observation on the obligation to submit the instruments adopted by the Conference to the Milli Mejlis (National Assembly) and requests the Government to provide information on the effective consultations held with the social partners on the proposals made to the National Assembly when submitting the instruments adopted by the Conference.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. The Committee notes the information contained in the Government’s report received in September 2009. In reply to the 2007 direct request, the Government refers to the General Collective Agreement for 2008–09, a tripartite agreement adopted on 26 May 2008 through Order No. 119, which focuses on socioeconomic priorities. It also indicates that the Agreement provides for the ratification of Conventions Nos 156 and 183. In this regard, the Government reports that amendments were made to the Labour Code in order to comply with the requirements of these Conventions. The Committee welcomes the fact that the Government and the social partners have reiterated their commitment to ratify Conventions Nos 156 and 183. The Committee further notes that consultations are ongoing with regard to Conventions Nos 168, 173 and 184. The Committee invites the Government to continue to provide information on the consultations held in relation to all the matters covered by the Convention. The Committee reiterates its hope that the Government will provide information on the tripartite consultations required by the Convention with regard to this constitutional obligation to submit instruments adopted by the Conference to Parliament.

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

1. Article 5 of the Convention. Tripartite consultations required by the Convention. In reply to its 2005 direct request, the Committee notes the Government’s report for the period ending in May 2007, which includes updated information on the consultations held with the social partners in order to ratify Conventions Nos 156 and 183. Consultations are also ongoing with regard to Conventions Nos 168, 173 and 184. The Committee notes with interest that the ratification of Convention No. 185 was registered in July 2006. The Committee would appreciate continuing to receive information on the consultations held in relation to all the matters covered by the Convention.

2. Article 5, paragraph 1(b). Tripartite consultations on the proposals before submission of the instruments adopted by the Conference to Parliament. The Government indicates in its report that only after concluding all the relevant consultation procedures between the social partners, proposals for ratification are submitted to the Cabinet of Ministers and then to Parliament (the Mili Majlis). The Committee refers to its comments in relation to the constitutional obligation to submit to Parliament the instruments adopted by the Conference (article 19, paragraphs 5 and 6, of the ILO Constitution), and reiterates its hope that the Government will soon be in a position to announce that all the pending instruments adopted by the Conference have been submitted to Parliament.

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

Tripartite consultations required by the Convention. The Committee notes the Government’s report for the period ending in May 2005, which contains information on the consultations held with the social partners in order to ratify Conventions Nos. 156, 182 and 183. The Committee notes with interest that the ratification of Convention No. 182 was registered in March 2004. The Committee further notes that the ILO Office in Moscow has been providing assistance with regard to the consultation process. The Committee asks the Government to keep providing, in its next report, information on the consultations held in relation to all the matters covered by the Convention (Article 5 of the Convention).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s report indicating that the General Collective Agreement 2001-02 between the Cabinet of Ministers of the Republic of Azerbaijan, the Azerbaijan Trade Union Confederation and the National Confederation of Entrepreneurs, provides that the parties consider it necessary to discuss the possible ratification by Azerbaijan of a number of ILO Conventions. The Committee would appreciate continuing to receive information on the implementation of the abovementioned agreement, and the recommendations made as a result of the consultations held in relation with the Conventions to be ratified. Please also provide fuller and more specific information on consultations held during the period covered by the next report, on each of the other questions set forth in Article 5, paragraph 1, of the Convention including details on the frequency of consultations and details on any recommendations which arise therefrom.

2. With reference to its previous comments, the Committee asks the Government to provide information on the manner in which administrative support is provided for the procedures operated for the purpose of the Convention, the arrangements made for training of participants on the consultative procedures and on the working of the procedures provided for in the Convention (Articles 4 and 6).

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the Government’s reports received in August 1998 and July 2000, which contain general information on the application of the Convention. It notes that, following the tripartite consultations referred to in the Government’s reports, the ratifications of Conventions Nos. 81, 105 and 129, and of the Protocol of 1995, were registered on 9 August 2000. Furthermore, the Employers’ Association of Azerbaijan, with which the Government appears to have established contacts on certain of the matters covered by the Convention, was officially registered in March 1999.

2. The Committee notes that consultations with trade unions and employers take place in writing. With reference to its previous comments, it requests the Government to inform it of any consultations held with the representative organizations on the nature and form of the procedures operated to ensure effective consultations between representatives of the Government, of employers and of workers (Article 2, paragraph 2, of the Convention).

3. The Committee would be grateful if the Government would provide with its next report the information requested in the report form with regard to Articles 3, 4, 5 and 6 of the Convention, and particularly on the consultations held during the period covered by the report on each of the matters set out in Article 5, paragraph 1.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

1. The Committee notes the Government's first report on the application of the Convention. It notes that the plan to create a national tripartite commission within the meaning of the Convention is presently being studied by the Government. In line with Article 2, paragraph 2, of the Convention, the Committee urges the Government to consult employers' and workers' organizations on the nature and form of the consultation procedures to be set up. The Government is requested to supply information on the results of such consultations and to supply in the future a description of the procedures, bearing in mind Articles 1 to 6 of the Convention.

2. The Committee notes that the Government has carried out a tripartite consultation in formulating a national Act on paid holidays with a view to ratifying Convention No. 132. It would be grateful if the Government would supply further information on this matter as well as on any measures taken, pending adoption of the above-mentioned texts, in order to ensure that the consultations provided for in Article 5 of the Convention take place.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the Government's first report on the application of the Convention. It notes that the plan to create a national tripartite commission within the meaning of the Convention is presently being studied by the Government. In line with Article 2, paragraph 2, of the Convention, the Committee urges the Government to consult employers' and workers' organizations on the nature and form of the consultation procedures to be set up. The Government is requested to supply information on the results of such consultations and to supply in the future a description of the procedures, bearing in mind Articles 1 to 6 of the Convention.

2. The Committee notes that the Government has carried out a tripartite consultation in formulating a national Act on paid holidays with a view to ratifying Convention No. 132. It would be grateful if the Government would supply further information on this matter as well as on any measures taken, pending adoption of the above-mentioned texts, in order to ensure that the consultations provided for in Article 5 of the Convention take place.