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Diversidad de las expresiones culturales

Observatorio Mundial sobre la Condición Social del Artista

Azerbaijan - Social dialogue

Existing structures enabling artists to be involved in cultural policy-making at local and national levels
Artists take part in the development of cultural policies throughout the unions and communities: the Union of Musicians, the Union of Artists, the Union of Cinematographers, the Union of Architects, the Union of Writers, the Union of Photographers, the NGOs acting in the field of culture and trade unions.

COLLECTIVE REPRESENTATION
 
Trade union freedom
The trade union freedom is protected by the Constitution of the Republic of Azerbaijan (art.58). Everybody has a right to unite with others and to establish a union, as well as, political parties, trade unions and other unions not to be directed against the legitimate state government of the Republic of Azerbaijan. The Law on Trade Unions (1994) also concerns the trade union freedom protection. The article 3 stipulates that employees, pensioners and people engaged in study have a right to establish a trade union freely, without permits gained in advance, and to enter there in order to protect their legal interests.
 
Main trade union prerogatives
According to the Law on Trade Unions, the trade unions protect labour rights of their members and participate in developing the state employment policy. Within their authority, the trade unions control the state of employment as well as the implementation of the legislation related to employment guarantees. They also have a right to demand the end of violations to the legislation on labour, social and economic issues. Trade Unions can lodge a claim in order to protect the rights of their members in the court and participate there as a representative. Within their authority, trade unions can settle individual labour conflicts between their members, directorate and participate in the resolution of collective conflicts.
 
The unions are consulted by the state before it adopts reforms that can affect the working practices of artists.
 
Trade Unions act under the public status.
 
Collective agreements
According to the legislation of the Republic of Azerbaijan (the Labour Code), the collective contract is signed between the employer on the one side and the trade union on the other. In the event of the trade union’s absence, the working collective sign the contract. The trade union, working collective, employer, corresponding executive and representative body of employers can initiate signing the contract. The negotiation related to the signing of the contract can be promoted by the trade union, or in the event of its absence, the working collective can establish a commission for that purpose.
 
Promotion of social dialogue
Pursuant to the legislation, the following means can be used in order to settle labour conflicts within the organization: commission; mediator; labour arbitrage.

Source: Government of Azerbaijan, August 2004.

 


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