The Law of the Azerbaijan Republic
About trade unions
The present Law determines rights of trade unions in the Azerbaijan Republic, warranties of their activity in the protection of labour, social, economic rights and legal interests of trade union members in accordance with the Common Declaration of Human Rights, conventions and recommendations of the International Labour Organisation.
Article 1. Basic definitions
The present Law defines:
«initial trade union» as a trade union, set up by employees of production and non-production sphere, as well as pensioners and persons, being educated, directly at the working place;
«professional, branch associations of trade unions» as trade associations, set up by professional and branch trade associations on the republican or corresponding territorial level;
«citizens» as citizens of the Azerbaijan Republic and persons without citizenship, as well as foreign citizens, working on labour contract basis at enterprises, independently of the form of property and economic mode on a corresponding speciality and profession;
«administration» as officials of the enterprise, independently of the form of property and economic mode, as well as owners or administrative body authorised by them, having the right to conclude, cancel or amend labour contracts with employees;
«enterprise» as institution, enterprise, organisation, association, joint or mixed type ventures, joint stock societies, farms and other working places, independent of the form of property and economic mode;
«persons, being educated» as students, pupils, mastering corresponding professions, specialities in colleges of higher education and secondary vocational schools, vocational technical schools with giving up work.
The legislation of the Azerbaijan Republic is not to restrict trade unions rights, specified in commonly applicable international legal norms and conventions of the International Labour Organisation.
For the achievement of aims, foreseen in the article 1 of the present Law not less than seven persons have the right to set up a trade union, and having consolidated into a professional union on a voluntary basis adopt its Articles.
The order of membership of non-working pensioners and unemployed to trade unions is regulated by the Articles of trade unions.
Persons, being on military service of the Azerbaijan Republic are not permitted to consolidate into trade unions.
Persons, working in the administration cannot be members of the trade union, operating at a given enterprise.
Trade unions can set up their initial organisations, professional, branch, republican and other territorial organisations on a voluntary and independent basis.
2) aims, tasks, forms and methods of activity;
3) membership rules;
4) rights and duties of members;
5) internal organisational structure;
6) elective bodies, rules of their election and recall;
7) scope and terms elective bodies authorities;
8) financial sources, fixing of membership fees;
9) provisions, related to international relations;
10) property issues;
11) order of the Articles adoption and amendments and addenda to it;
12) order of activity termination.
The Articles of the trade union is registered in the order, specified by the Law of the Azerbaijan Republic «About public associations».
Trade unions independently elaborate and adopt their Articles, programs of activity, determine structures, elect and recall administrative bodies, hold meetings, conferences, plenum sessions, sittings, congresses and carry out their activity on the basis of constitutional rights.
All trade unions enjoy equal rights, independently of their name and organisational structure.
Heads of trade unions or their deputies cannot at the same time participate in administrative bodies of political parties. Heads of trade unions or their deputies elected or appointed into administration of political parties can continue their activity only on one post.
It is prohibited to stipulate employee's admittance to work, promotion and dismissal owing to his membership to a certain trade union, joining or coming out of it.
It is not permitted to set up and ensure activity of trade unions, contradicting requirements of the first part of the article 6 of the present Law, aiming at or by means of overthrow, forced change of constitutional system or break of territorial integrity of the Azerbaijan Republic, propaganda of war, violence and cruelty, as well as kindling of race, national and religious hostility, conducting of other actions, contradicting constitutional system of the Azerbaijan Republic and not compatible with its international legal liabilities. The activity of such trade unions is terminated by the Supreme Court of the Azerbaijan Republic at the submittal of the Ministry of Justice of the Azerbaijan Republic.
Trade unions cannot use symbols of political parties.
Article 10. Trade unions participation in the elaboration of norms
Draft laws, related to labour, social and economic rights of employees are considered with discussion of conclusion of the republican association of trade unions.
Republican associations of trade unions can appeal only to corresponding legislative, executive and court authorities to claim legislative acts, resolutions and instructions of state bodies, contradicting employees interests and rights of trade unions.
Normative acts, concerned with labour, social-economic rights and interests of employees are adopted by state and economic authorities after preliminary notification of the corresponding trade union prior not less than 15 days.
In legally specified cases republican association of trade unions can participate in the elaboration of normative acts, regulating rules of application of the legislation about labour and social-economic issues.
If the liquidation of the enterprise or its structural subdivisions at the initiative of administration can result in full or partial termination of production, reduction of working places or deterioration of labour conditions, such measures are to be conducted with preliminary notification of corresponding trade unions prior not less than three months and conducting of negotiations on the observance of employees rights and interests, unless otherwise specified by the legislation.
Trade unions carry out control over state of occupation, observance of the legislation about guarantees in occupational field within the limits of their authorities and in the legally established order.
The administration is bound to consider these demands and inform trade unions about results in the specified period but not later than a month.
In case of head of the enterprise (branch office, representation, department or another separate division) or its deputies infringing labour legislation, non-fulfilment of terms (liabilities) under the collective contract (agreement) in force, trade unions can raise a question about drawing them to disciplinary responsibility before competent authorities.
Trade unions can appeal to court with claims to protect rights of their members and fulfil duties of a representation at court's sittings.
Trade unions independently set up services of rendering legal aid to their members and organise attorney's offices of trade unions, legal inspections, legal expert groups, legal consultation offices, firms and other bodies.
Holding of negotiations and conclusion of collective contracts are to be carried out on the basis of trade unions proposals.
Trade association conduct negotiations with corresponding state and economic bodies on problems of economic, social and cultural development.
The administration, state and economic authorities are to start not later than 10 days negotiations about conclusion of collective contracts, agreements at trade union proposals.
Trade unions effect control over the execution of collective contracts, agreements.
The order of collective contracts (agreements) conclusion is determined by the legislation of the Azerbaijan Republic.
State and economic bodies and the administration are bound to freely supply trade unions with the related information.
The subject and order of labour disputes (conflicts) solving are determined by the legislation of the Azerbaijan Republic.
Article 20. Duties of the administration, state and economic bodies, public organisations and officials in relation to trade unions
The infringement of trade union's rights or prevention of its legal activity cause disciplinary, administrative or criminal responsibility in the legally specified order.
It is prohibited to create obstacles to heads of trade unions to visit working place of trade union members to check observance of the legislation about labour and trade unions, conditions of collective contracts, labour agreements, social issues by the administration and in connection with other issues of trade union aims.
Members of the trade union, elected into the composition of initial organisations of trade unions and not released from production work, are granted free time, the length and terms of which are state in the collective contracts (agreements) for the conducting of trade union activity.
If there is no possibility to grant corresponding job (position) the trade union retains an average salary to employee for the period of his looking for a job, but for not longer than six months.
Under the resolution, adopted at the conclusion of the collective contract the enterprise can submit either available or leased premises, constructions and other units, as well as recreational bases, children's and other health camps, necessary for the organisation of recreation, cultural-educational, physical and healthy work with employees and members of their families, for free of charge utilisation of trade union.
The enterprise can supply trade unions with means for social, economic and cultural measures, specified by the collective contract.
Trade unions can own property, financial means, including currency, and other property, necessary for the material provision of their charter activity, on a collective property basis.
It is not permitted to confiscate property of trade unions.
At the termination of trade union activity, the fate of its property is to be determined in order, specified by the Articles of the corresponding trade union.
President of the Azerbaijan Republic
Baku, February 24, 1994
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