Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

With reference to its previous comments on the need to amend section 12 of the 1991 Act on strikes so as to restrict the cases where a strike may be declared illegal, the Committee notes the new Labour Code adopted on 1 July 1999. It notes with interest the provisions concerning the right to strike which define sectors qualified as essential services more restrictively, and provide for a compensatory mechanism to resolve collective disputes in sectors where strikes are prohibited (section 281 of the Labour Code).

The Committee nevertheless reiterates its previous comments on the need to expressly modify or repeal section 188-3 of the Criminal Code, which also contains major restrictions on the right of workers to engage in collective action with a view to disrupting public transport, associated with sanctions of up to three years' imprisonment.

Referring to its previous comments, the Committee underlines once again that the complete prohibition of trade unions from engaging in political activities pursuant to section 6(1) of Act No. 792 on trade unions is incompatible with the right to organize.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to bring the legislation into conformity with the requirements of the Convention on these two points.