Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the signing on 17 March 2023 of the General Collective Agreement for 2023−2025 by the Government, the Confederation of Trade Unions of Azerbaijan (CTUA) and the National Confederation of Entrepreneurs (Employers) Organizations (ASK). Pursuant to the agreement, national socioeconomic policies are determined and implemented following tripartite consultations. Similarly, the social partners are consulted in the development of laws and regulations in the field of social and labour relations, employment, migration and social security. According to the report, the June 2023 meeting of the Tripartite Commission for Social and Economic Affairs discussed a draft law amending the Labour Code and the draft National Strategy for the Development of Social Services in Azerbaijan for 2020–2026 as well as the implementation of the Occupational Safety and Health Convention, 1981 (No. 155) which was ratified on 1 February 2023. According to the Government, this ratification exemplifies the effective implementation of the 2020-2022 General Collective Agreement. As regards consultations regarding the possible ratification of other ILO Conventions, the Government points out that the Agreement also considers the possible ratification of the Safety and Health in Agriculture Convention, 2001 (No. 184) and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Committee notes with interest the ratification of Convention No. 155 as it now forms part of the group of fundamental standards. It also notes the Government’s indication that the ratification of the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168), remains contemplated under the newly adopted General Collective Agreement. The Committee further notes the Government’s reiterated statement that it is continuing its efforts to improve the procedure for ratifying ILO Conventions and preparing reports on ratified Conventions, and that reports submitted to the ILO on both unratified and ratified Conventions are consistently sent to employers’ and workers’ organizations. Noting that the report does not contain information on tripartite consultations carried out with respect to all of the matters listed by Article 5(1) of the Convention, including information on the frequency, content and outcome of these consultations, the Committee reiterates its request in this regard.

Article 5(1)(b). Consultations on the proposals to be made to the National Assembly (Milli Mejlis) in connection with the submission of ILO instruments. The Committee refers to its previous comments concerning the consultations to be held with the social partners in line with the Convention in the context of the constitutional obligation to submit the instruments adopted by the Conference to the National Assembly (Milli Mejlis). It has recalled, in this regard, that the Convention requires the most representative social partners to be consulted on the proposals to be made to the National Assembly in the context of the fulfilment of this constitutional obligation before finalizing these proposals. Noting that for many years the Government has not provided the specific information requested, the Committee urges the Government to provide updated and detailed information on whether and how the social partners are recognized this right guaranteed under the Convention, also indicating the content and outcome of tripartite consultations held in this respect.