AZERBAIJAN Law and Practice Contributed by: Farid Nabili, Pari Gasimli and Sona Abdullayeva, Caspian Legal Center
6.2 Employee Representative Bodies The representative bodies of employees are trade union organisations that operate on the basis of the charter and relevant legislation, voluntarily formed by employees to protect their labour, social and econom - ic rights and legitimate interests. The fact that this body is a trade union organisation indicates that the roles envisaged in 6.1 Unions apply here as well. 6.3 Collective Bargaining Agreements A collective agreement is an agreement concluded in writing between an employer, labour collective or trade union organisation that regulates labour, socio-economic, domestic and other relations. The agreement applies to all employees of the enterprise, including persons hired after the collective agreement enters into force. The Labour Code provides an extensive list of issues that are considered in the agreement, including: • increasing the efficiency of the enterprise’s produc - tion; • determining the rules and amounts of payments; and • the mechanism for taking into account price increases and the level of inflation. A collective agreement may be concluded for a peri - od of one to three years. Except for cases of change of ownership of the enterprise or liquidation of the enterprise, organisational and structural changes in the enterprise, termination of the employment con - tract with the employer, as well as termination of the activities of the trade union organisation, do not lead to the loss of legal force of the agreement. In the event of a change of ownership of the enter - prise, the collective agreement shall remain in force for a period of three months. During this period, the parties shall commence negotiations with a view to concluding a new collective agreement or maintaining the previous one in force, and making additions and amendments to it.
• general republican status – a trade union associa - tion established by more than half of trade unions with republican status. Role of Trade Unions Roles can be classified on the basis of basic rights conferred upon trade unions. • Participation in the creation of norms – Draft laws on labour, social and economic rights of employees are considered by discussing the opinion of trade unions. They may appeal legislative acts, deci - sions, and orders of state bodies that violate the interests of employees and their rights. • Protection of labour rights – The release of employ - ees in connection with the rationalisation of pro - duction is carried out by conducting negotiations with them on the protection of the rights and interests of employees. • Monitoring compliance – They have the right to demand compliance by the employer with the leg - islation on labour and trade unions, as well as on social and economic issues, and the elimination of revealed violations. • Labour protection – They participate in the imple - mentation of control over the compliance by the employer with the legislation regulating the labour protection of employees at workplaces, compensa - tion for damage due to industrial injuries, working conditions, and industrial sanitation standards. • Conclusion of collective agreements and contracts – Collective negotiations and the conclusion of collective agreements are carried out based on the proposal of trade unions. • Control over the standard of living of employees – Trade unions participate in the determination of amounts of compensation depending on the main criteria for the standard of living, in monitoring observance of the subsistence minimum, and in the timely increase in wage amounts depending on price increases. • Consideration of labour disputes, holding off mass events – Trade unions resolve individual labour disputes between their members and employers within the scope of their powers. Additionally, in order to implement the goals and objectives of the charter, trade unions may organise and hold strikes, rallies and other mass events.
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