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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Azerbaijan (Ratification: 1992)

The Committee previously requested the Government to take the necessary measures to amend section 20.1.7 of the Law on Civil Service to ensure that civil servants other than those exercising authority in the name of the State (as listed in section 14.2 of the Law) are not deprived of the right to strike. The Committee notes the Government’s indication that a draft Civil Service Code to replace the existing Law on Civil Service has been prepared by the Ministry of Labour and Social Protection with the participation of the relevant state bodies. The Government indicates that the draft Code does not contain any provision restricting the right to strike in the civil service. The Committee emphasizes the importance that needs to be attached to ensuring that the introduction of any draft legislation on freedom of association and the right to organize that is likely to affect collective bargaining or terms and conditions of employment is preceded by free and frank consultations with the most representative employers’ and workers’ organizations, with a view to ensuring that the rules adopted are endorsed by all parties, and are therefore sustainable (see General Survey of 2012 on the fundamental Conventions, paragraph 55). There being no indication that the Government has consulted with the social partners concerning the draft legislation, the Committee therefore requests the Government to take all necessary measures to ensure that the relevant social partners are consulted before the adoption of the Civil Service Code and expects that the new legislation will guarantee the right to strike to civil servants with the sole possible exception of the category of civil servants who exercise authority in the name of the State. The Committee recalls that the Government may avail itself of the technical assistance of the Office in this regard. The Committee requests the Government to transmit a copy of the new legislation once adopted.