Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Azerbaïdjan (Ratification: 1992)

Article 4 of the Convention. Bipartite negotiations. The Committee recalls that in its previous comments, it had noted that the legislation made a distinction between a “collective agreement”, concluded at the enterprise level following bipartite negotiations between workers and employers, and a “collective accord”, concluded at industry, territorial or national levels following bipartite (between trade unions and the authorities) or tripartite (between trade unions, employers’ organizations and the authorities of the appropriate level) negotiations (section 36(1) of the Labour Code (1999)). In this respect, it had requested the Government to take measures, including of a legislative nature, in order to encourage and promote collective bargaining between trade unions and employers and their organizations. The Committee notes the Government’s indication that the participation of state bodies in the conclusion of collective accords meets the principle of tripartism, reflected in numerous ILO decisions and documents as well as in international labour standards. While understanding that the aim of the arrangement is to ensure that the obligations undertaken by all parties under collective accords signed following tripartite negotiations are respected, the Committee recalls that Article 4 of the Convention is aimed at promoting free and voluntary bargaining between workers’ organizations and employers or employers’ organizations. It considers that the principle of tripartism, which is particularly appropriate for the regulation of questions of a larger scope (drafting of legislation, formulating labour policies), should not replace the principle of autonomy of workers’ organizations and employers (or their organizations) in collective bargaining on conditions of employment. The Committee therefore once again invites the Government, in consultation with the social partners, to take appropriate measures, including of a legislative nature, in order to encourage and promote collective bargaining between trade unions and employers and their organizations, without involvement of public authorities. It requests the Government to provide information on the measures taken in this regard.