2011 Annual Survey of violations of trade union rights - Azerbaijan
|Publisher||International Trade Union Confederation|
|Publication Date||8 June 2011|
|Cite as||International Trade Union Confederation, 2011 Annual Survey of violations of trade union rights - Azerbaijan, 8 June 2011, available at: http://www.refworld.org/docid/4ea6622628.html [accessed 13 October 2015]|
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182
While the labour laws protect trade union rights, union activity in multinational companies like McDonalds is difficult and often reprimanded.
TRADE UNION RIGHTS IN LAW
Trade union rights are adequately protected in the law. Unions are recognised as social partners at all levels, including when adopting social and labour laws and regulations. Freedom of association is secured, and the law prohibits anti-union discrimination. Employers can also in general not dismiss employees without the written consent of the trade union within the enterprise. The right to collective bargaining and the right to strike are guaranteed. Unions may not carry out purely political strikes, but are allowed to protest against the state's socioeconomic policies. Finally, workers in essential services as well as employees of legislative authorities, relevant executive authorities, courts and law enforcement authorities may not go on strike.
TRADE UNION RIGHTS IN PRACTICE AND VIOLATIONS IN 2010
Background: On 7 November parliamentary elections were held with President Aliyev's New Azerbaijan Party (NAP) winning 73 out of 125 seats. Outside observers reported that the elections were marred. A tripartite General Agreement was also signed for the first time since 1994.
Labour rights violated: Even though the Labour Code of 1999 has improved the legal guarantees for workers, labour rights are often violated in transnational companies. The most common violations include conclusion of fixed-term contracts for 1-3 months, deprivation of vacation granted by law, overtime without extra payment, and failure to transfer social insurance taxes. Private employers and international companies operating in Azerbaijan also prevent the creation of trade unions, threatening employees with dismissals.
Unionists at McDonalds forced to leave union, Chair dismissed: Since the beginning of 2009 local trade unions have been organised by the Federation of Trade Unions of Azerbaijan "Khidmat Is" in four McDonalds restaurants in the city of Baku. During 2009 the membership increased from 18 to 165. In December 2009 the union called for collective bargaining and suggested a draft collective agreement to the executive manager of the company, M.Mirzoev. In the beginning of 2010 a delegation from McDonalds' Moscow office visited the restaurants in Baku, after which the pressure on the unions increased significantly. All union members have been called for individual conversations with management and have been forced to sign documents to leave their union. Since almost all workers were employed under temporary contracts, they signed the documents. The union refused to accept the documents, which have been kept by management. By the end of 2010 just 10 employees confirmed that they indeed wanted to be members of the unions. The Chair of the union, Arif Babaev, was also dismissed.