Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the observations of the Government in response to the comments dated 20 November 2007 of the International Trade Union Confederation (ITUC) concerning the application of the Convention. 

Article 3 of the Convention. The Committee previously requested the Government to amend section 281 of the Labour Code, which prohibits strikes in the railway and air transport sectors, and section 233 of the Criminal Code, which penalizes strikes in public transport with penalties of up to three years of imprisonment, so as to ensure that workers of public transport, including those employed in air and railway transport, can exercise the right to strike, and to provide information on any measures taken or envisaged in this respect. The Committee notes that the Government indicates that the Ministry of Labour and Social Protection of the Population officially approached the appropriate state authorities, national representative organizations of employers and workers and also the ILO with a view to examining international experiences in the field with subsequent discussion. These experiences show that transport services are among the main areas in which there are limitations on holding strikes. The Committee requests the Government to communicate in its next report any amendments taken or contemplated to section 281 of the Labour Code and section 233 of the Criminal Code so as to allow the exercise of the right to strike in railways and air transport sectors, acknowledging that a minimum service created with the participation of the employers and the trade unions concerned could be established.

The Committee previously requested the Government to amend section 6(1) of the Act on Trade Unions so as to strike a balance between, on the one hand, the legitimate interests of organizations to express their point of view on issues of economic and social policy affecting their members and workers in general and, on the other hand, the separation of political activities in the strict sense of the term from trade union activities. The Committee notes that the Government indicates in its report that the provision “trade unions are prohibited from engaging in political activity, associating with political parties or carrying out joint activities, providing and receiving assistance or donations to/from political parties” was repealed and limitations on the activities of trade unions were removed. The Committee requests the Government to transmit with its next report a copy of the repealing instrument.

The Committee previously requested the Government to take the necessary measures in order to ensure that multinational enterprises operating on its territory respect freedom of association norms and principles. The Committee notes that the Government indicates that additions to article 80 of the Labour Code of the Republic of Azerbaijan adopted by the Milli Mejlis (Parliament) on 10 October 2006, significantly strengthened the status of the trade unions at the enterprises. The Committee requests the Government to provide a copy, with its next report, of the additions to article 80 of the Labour Code.