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

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

Article 4 of the Convention. Bipartite negotiations. The Committee recalls that the Labour Code, 1999, makes a distinction between a “collective accord”, concluded at the enterprise level following bipartite negotiations between workers and employers (section 29), and a “collective agreement”, concluded at industry, territorial or national level following bipartite (between trade unions and the authorities, section 36(1)) or tripartite negotiations (between trade unions, employers’ organizations and the relevant authority, section 36(2)). Recalling that tripartism may be appropriate for the regulation of questions of a larger scope but should not replace the principle of autonomy of the parties in collective bargaining on conditions of employment, the Committee had requested the Government to take appropriate measures, in consultation with the social partners, to encourage and promote collective bargaining between trade unions and employers and their organizations without involvement of public authorities. The Committee notes the Government’s indications that: (i) a Social Partnership Bill is in preparation in order to improve social partnership relations and strengthen the relevant legislative and institutional framework; (ii) the Tripartite Commission is currently drafting a “Model collective agreement for different types of economic entities” to encourage the conclusion of collective agreements at private enterprises. While taking due note of this information, the Committee regrets that no measures have been taken to amend section 36(2) of the Labour Code as to provide the possibility for organizations of workers and employers to conclude collective agreements following bipartite negotiations at levels other than the enterprise. The Committee is therefore compelled to repeat its previous request and hopes that the Government will take the appropriate measures in the near future. The Committee requests the Government to provide information in this respect.