Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 3 of the Convention. Right to organize activities and formulate programmes in full freedom. The Committee recalls that it had previously noted that pursuant to section 20.1.7 of the Law on Civil Service, all civil servants were prohibited from exercising the right to strike. Recalling that States may restrict or prohibit the right to strike in the public service only for public servants exercising authority in the name of the State, the Committee had requested the Government to list specific categories of civil servants covered by the Law on Civil Service whose right to strike is thus prohibited. The Committee notes the Government’s reference to the legislative provision outlining the definition of the term “state body” and of its units as well as to section 20.1.7 of the Law on Civil Service. The Committee understands the Government’s reply to mean that all civil servants are indeed prohibited from exercising the right to strike. The Committee notes section 14.2 of the Law on Civil Service which provides for the notion of a civil servant exercising authority in the name of the State, and recalls that only this category of civil servants may be deprived of the right to strike. The Committee therefore requests the Government to take the necessary measures to amend section 20.1.7 of the Law on Civil Service accordingly and to provide all information on the measures taken or envisaged in this respect.