On February 24, 1994 No. 792
About labor unions
This Law determines the rights of labor unions in the Azerbaijan Republic, guarantee of their activities in protection of the labor, social, economic rights and legitimate interests of members of labor unions, according to the Universal Declaration of Human Rights, conventions and recommendations of the International Labour Organization, the European Social Charter.
Labor unions are the independent public non-political organization which voluntarily unites by the principle of individual membership of the workers occupied in the production and non-productive sphere and also the pensioners and persons getting education for protection of their labor, social, economic rights and legitimate interests on place of employment, professions, industries and at the all-republican level, and acts on the basis of the charters and this Law.
In this Law it is understood:
under "primary trade-union organization" - the trade-union organization founded directly on place of employment by workers of the production or non-productive sphere, and also the pensioners and persons getting education;
under "professional, industry republican or territorial trade union associations" - the republican or territorial trade-union associations founded by primary trade-union organizations for professions or industries;
under "worker" - the physical person performing labor activity on the basis of the employment contract (contract) signed with the employer according to the labor law;
under "employer" - the owner or appointed (authorized) it head, the authority of the company having the right of the conclusion, termination or change of employment contracts (contracts) with the workers who reached full legal capacity and also physical person.
under "company" - for the purpose of this Law, any structures, including representations or branches of foreign legal entities;
under "persons getting education" - the students, pupils seizing the corresponding professions, specialties organizations of professional, secondary vocational and higher education with separation from production.
The legislation on labor unions in the Azerbaijan Republic consists of the Constitution of the Azerbaijan Republic, this Law, other legal acts of the Azerbaijan Republic for activities of labor unions of the Azerbaijan Republic.
The legislation of the Azerbaijan Republic shall not limit the rights of labor unions provided in the commonly accepted international precepts of law and International Labor Organization Conventions, the European social charter.
The workers, pensioners, persons getting education without any distinction have the right to voluntarily create at the choice and without preliminary permission labor unions, and also to join trade unions for protection of the legitimate interests, the labor, social and economic rights and to be engaged in trade-union activities.
For goal achievement, provided in article 1 of this Law, person, at least seven people, have the right to create labor union and, having united on voluntary basis in the relevant labor union, - to accept its charter.
The procedure for membership in labor unions of unemployed pensioners and the unemployed is regulated by charters of labor unions.
Persons which are on military service in the Azerbaijan Republic are not allowed to unite in labor unions.
For the purpose of implementation of the obligations established by charters labor unions of the voluntariness having the right based on the principle to create associations (councils, federations, confederations) on industry, territorial and to other signs.
Labor unions can have the local, territorial or republican status.
The trade-union consolidation uniting in itself primary organizations of labor unions of organizations for industries (professions) in one administrative and territorial unit (the city, the area, the village) carries the status of local labor union.
The trade-union consolidation uniting in itself the local labor unions operating in one administrative and territorial unit (the city, the area, the village) carries the status of territorial labor union.
The trade-union consolidation uniting in itself primary, local and territorial labor unions on industries (professions) and certain spheres carries the status of republican labor union.
According to part four of this Article, the trade-union consolidation created on the territory of the Nakhchivan Autonomous Republic carries the status of republican labor union.
The trade-union consolidation founded by consolidation more than a half of labor unions with the republican status carries the status of all-republican labor union.
Charters of labor unions shall not contradict the Constitution and the laws of the Azerbaijan Republic. It shall be, as a rule, provided in them:
1) name and location:
2) purposes, tasks, forms and methods of activities;
3) rules of membership;
4) rights and obligations of members;
5) intra organizational structure;
6) elected bodies, rules of their election and response;
7) powers of elected bodies and terms of their powers;
8) financial sources, establishment of the membership fees;
9) the provisions concerning international backgrounds;
10) property questions;
11) procedure for adoption of the charter and modification and amendments in it;
12) procedure for the termination of activities.
Trade-union consolidation is considered the legal entity and uses the status of the legal entity from the moment of state registration of its charter.
Trade-union consolidation undergoes state registration according to the procedure, stipulated by the legislation.
Labor unions are independent in the activities of state bodies, organizations, political parties, public associations and are not accountable to them. Any intervention of state bodies and officials capable to limit the rights of labor unions is forbidden or to prevent their legal activities corresponding to their charters.
Labor unions are independently developed and approve the charters, programs of activities, determine structures, chosen and withdraw governing bodies, hold meetings, conferences, plenums, meetings, congresses and perform the activities on the basis of constitutional rights.
All labor unions, irrespective of the name and the organizational device, have the equal rights.
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