NSK

Nakhichevan Confederation Of Entrepreneurs

NSK

Collective Agreement

The Cabinet of Ministers of Nakhichevan Autonomous Republic the Council of Trade Unions of Nakhichevan Autonomous Republic Confederation of Entrepreneurs of Nakhichevan Autonomous Republic

RESOLUTION

The Cabinet of Ministers of Nakhchivan Autonomous Republic, the Council of Trade Unions of Nakhchivan Autonomous Republic

and Confederation of Entrepreneurs of Nakhchivan Autonomous Republic decide to sign the General Collective Agreement for 2014-2015 between them:  

General Collective Agreement is signed for 2014-2015 between the Cabinet of Ministers of Nakhchivan Autonomous Republic, the Council of Trade Unions of Nakhchivan Autonomous Republic and the Confederation of Entrepreneurs of Nakhchivan Autonomous Republic according to the 36th item of Labor Code of Azerbaijan Republic (Attached).

The present resolution shall become effective from the date of signing.

It was signed between the Cabinet of Ministers of Nakhchivan Autonomous Republic, the Council of Trade Unions of the Nakhchivan Autonomous Republic and the Confederation of Entrepreneurs of Nakhchivan Autonomous Republic on September 29 2014, with resolution number 92.

GENERAL COLLECTIVE AGREEMENT

Between the Cabinet of Ministers of Nakhchivan Autonomous Republic, the Council of Trade Unions of Nakhchivan Autonomous Republic and the Confederation of Entrepreneurs of the Nakhchivan Autonomous Republic for 2014-2015

The Cabinet of Ministers of Nakhchivan Autonomous Republic, the Council of Trade Unions of Nakhchivan Autonomous Republic and the Confederation of Entrepreneurs of Nakhchivan Autonomous Republic (hereafter – Parties) sign General Collective Agreement (hereafter – Agreement) defining agreed positions and common activities for 2014-2015 on socio-economic policy and social-labour relations according to the existing legislation

The parties consider that the priority of the Agreement is the implementation of social and economic policy directed to the increase of competitiveness and labour productivity of the economy of the autonomous republic, to stable employment and the development of efficient infrastructure of the labor market, to the formation of condition helpful for security of workplaces, to the improvement of the standard of living of the employees and their families, to the continuation of the measures towards the reduction of poverty, to maintain social and macroeconomic stability and provision of social protection of people during the period the Agreement is signed.

The Agreement is a part of the partnership system and makes up a basis for compiling and signing of tariff agreements.

The Parties declare to develop mutual relations on the principles of social partnership, to make efforts to regulate social-labour relations through social dialogues, collective contracts and agreements and to follow the commitments and deals defined by General Collective Agreements.

In the field of economic policy

The parties consider that improvement of socio-economic policy of the state, modernization of the production and increase of competitiveness, stimulation of innovation activity and investments to human capital soon should be directed into the provision of improvement of social protection of people, creation of worthy jobs, reduction of poverty and increase of welfare of the people.

For this purpose the Parties make the following commitments:

To support the modernization of the economy, also service spheres;

To accelerate the transition to an innovative development model of the economy;

To arise interest to the development of high technological and infrastructural spheres of the economy;

To carry out complex actions on supporting the prior spheres of the economy;

To upgrade long-term estimating system of socio-economic development and to increase its quality;

To stimulate the measures directed into the increase of labour productivity;

To continue financial support of the state for small and middle entrepreneurship subjects which are the main factor in the increase of production and creation of new jobs in a market economy and to upgrade the other institutional mechanisms of state-entrepreneur relations to organize this support efficiently;

To extend comprehensive support to local producers to increase the production volume of local products, labour efficiency, quality of products and competitiveness, to protect the interests of local producers of the autonomous republic in local and foreign markets based on legislation and the norms of international law, to provide the stimulation of export of the produced ready products into the world markets;

To complete the creation of information banks describing labour and natural resources, economic potential and infrastructure for every city (district) to create new jobs and to take measures for spreading information about these information resources;

To support the application of modern information-communication technologies in all spheres of the economy;

To continue measures towards the reduction of the volume of informal economy and directing it to the real sector;

To continue works on the optimization of the specific weight of the revenues and expenses of the budget of the autonomous republic in Gross Domestic Product (GDP);

To provide the development of agriculture from the food protection viewpoint of the autonomous republic, the improvement of the measures taken in this direction, their prompt realization, the perfection of its management and structure, the complete supply of the local market, the improvement of the opportunities of entering foreign markets;

To enhance efforts of the entrepreneurship activity of the youth and women of the autonomous republic;

To use trilateral consultations in the process of looking through the prices (tariffs) fixed for the services and products by natural monopolists;

To conduct monitoring against the limitation of monopoly which influences the artificial rise of prices in the consumer market, the distribution of the markets, the limitation of the competition and the application of agreed high prices and to inform the public about the results of it;

To reach the simplification of the terms of giving mortgage loans and to organize common control over it;

To conduct joint work regarding the protection of the rights of the employees working for the enterprises which are joint and based on foreign capital;

To strengthen the control mechanisms over the quality of food and non-food products imported to the autonomous republic;

To continue institutional, management and structural reforms;

Active use of appropriate regulatory methods to maintain the acceptable level of inflation;

To take measures for replacing import and stimulating the export and production of export-oriented products;

To prepare an action plan on the protection and improvement of soil fertility and to strengthen supervision over its implementation, to take improvement measures on saline and eroded lands;  

 

The Parties consider the below-mentioned forecast of real increasing indices of the Gross Domestic Products necessary in all spheres of the economy:

1,7% in 2014, 2,3% in 2015 also 9,9% and 2,1% correspondingly in industry;

0.5% and 0.6% in agriculture, forestry and fishery industry;

5.0% and 5.7% of peoples` income.

Wages, income and standard of life.

The Parties consider it necessary to develop complex measures which provide the labour rights of an employee in the mentioned period, to increase the real wages, the improvement of the standard of life of the people and improvement of the income policy.  

For this purpose, the Parties make the following commitments to improve the formation of labour, to raise the qualification rates of employees, to enhance the effectiveness of labour:

To achieve a significant increase of specific weight of the resource spent on wages in Gross Domestic Product;

To continue the payment of wages and pensions in time;

To continue the equal payment of wages for the same works executed by male and female employees;

To continue the preparation of standards for professions referring to international experience;

To take effective measures to reduce the number of employees who earn less salary than the quantity below the average salary in the autonomous republic;

to strengthen the joint supervision of social partners over the employers who attract employees to jobs without the labour agreement (contract) comes into force and pay them unofficial wages, to prevent the non-formal labour relations;

to execute the registration of notifications of labour contracts in the electron information system;

to enhance attention to the works carried out in enterprises and organizations in the direction of normalization of labour;

To define common policy on reflecting the share of labour in the cost of the product by holding consultations.

The development of the labour market and the provision of employment of people

The Parties consider that the modernization and innovative development of economy should be accompanied by the formation of demand to qualified employees and creation of jobs characterized by high productivity, safe labour condition and decent salary. 

These processes should be supported by determining state policy in the field of the employment of people and the development of human resources and by holding events in the mutual cooperation of social partners in the following directions:

Improvement of information system about the labour market;

Increase of effectiveness of state policy and quality of state service in the field of employment;

Improvement of the quality of the labour force and the development of its professional mobility;

The perfection of juridical regulations in the field of the labour market and employment;

Enhancing the effectiveness of labour migration;

In this regard, the Parties make the following commitments:

  1. To provide the establishment of coordination commission in the autonomous republic consisting of the social partners and the representatives of appropriate non-government organizations to carry out the agreed policy in the field of employment according to the legislation;   
  2. To continue the perfection of the normative juridical base in the field of labour, employment and labour migration;
  3. To provide the implementation of measures intended in “State program on implementation of employment strategy of Azerbaijan Republic in 2011-2015” approved by the Order N1836 of the president of the Republic of Azerbaijan dated November 15 2011;
  4. To support the measures intended for the provision of the employment of the youth, the perfection of privilege system stimulating them to work in rural areas, improvement of labour conditions, an increase of standard of life, strengthening the social protection of students and pupils, young employees;
  5. To strengthen supervision on resuming of demobilized youth to their former jobs and duties, to achieve their employment according to their professions;   
  6. To strengthen the supervision of social partners over the compliance to labour legislation;
  7. To make appropriate proposals as a continuation of the works in the direction of raising aids for unemployment, also a minimum amount of money for vocational training, the scholarship for additional education to the cost of living;
  8. To take effective measures in the direction of legalization of informal labour relations;
  9. To prepare common proposals of the state and entrepreneurs (of the business) in the technical-vocational and specialized secondary education according to the requirements of developing economy;  
  10. To take necessary measures for creating an evaluation system of personnel preparation according to the requirements of the labor market;  
  11. To prevent the signing of groundless term contracts to provide rights of employees continuously;
  12. To continue measures in the direction of expanding the employment opportunities of the sensitive groups of people;
  13. To make efforts for the children who are deprived of parental care and live-in educational, medical and social protection establishments and other analogic establishments to restore them to jobs;
  14. To provide complete financing of employment programs and to strengthen supervision on spending the fund allocated for these reasons effectively;
  15. To take measures for making up the balance of labour resources in the autonomous republic;
  16. To expand incentives for employers who provide the maintaining of existing jobs and the creation of new jobs; 
  17. To expand advertisement-information works in the direction of informing people especially who are unemployed and look for a job, to create detailed information base about the newly created jobs and to convey to the public;
  18. To continue analysis works in order to evaluate the real situation of the level of employment and unemployment in labour market properly;
  19. To organize lectures on the basics of labour legislation for the students and pupils of institutions of higher, secondary education, vocational secondary schools;
  20. To assist the coordination committees created in the regions of the autonomous republic on employment affairs;
  21. To conduct consultations in the field of strengthening the stimulus system encouraging internal area mobility of labour resources;
  22. To carry out monitoring to check the compliance of newly created jobs to the requirements of labour norms;
  23. To continue the works about the learning of real situation of labour migration and informal employment and prevention of the reasons that create it, also informing the society about the risks it creates;   
  24. To develop the works concerning social infrastructure, reviving and developing national applied art, to create tourism-recreation zones and to increase the level of employment of women by making investments in these spheres;
  25. To strengthen actions in the direction of teaching new occupations and professions to the youth, women, especially to women aged 20-30;
  26. The directions for strengthening social protection

The Parties consider it necessary to carry out the following actions for providing the social protection rights of of the citizens of Azerbaijan Republic who live in the Nakhchivan Autonomous Republic:

  1. Strengthening public control over the health care of people; 
  2. To continue measures in the direction of strengthening the social protection of people suffering from HIV/AIDS, diabetes and other chronic illnesses; 
  3. To continue appropriate measures in order to increase the quality of children food in preschool educational institutions;
  4. To continue organizing the relaxation of children during school holidays;
  5. Providing the employees of the enterprises and organizations in need for a residence with apartments and bringing the residential areas (apartments, houses) in case of accident gradually to useful condition the by ownership bodies (ministry, committee, unity and other) and provision of security of the residents according to the 28th item of Housing Code of Azerbaijan Republic; 
  6. Provision of financing expenses of sanatorium-resort treatment of insured people through the resource intended in the budget of State Social Protection Fund of Nakhchivan Autonomous Republic, enhancing the effectiveness of the allocated investment, provision of partial sum of sanatorium-resort sending by State Social Protection Fund of Nakhchivan Autonomous Republic;    
  7. Holding the prior role of the state sector in the healthcare system and continuation of medical service for citizens on state provision free of charge;
  8. To prepare sanitary-hygienic norms meeting the modern requirements taking into account the natural and reproductive features of women in workplaces;
  9. To ensure timely provision of information about individual registration defined in the legislation by employers; 
  10. To strengthen supervision over the use of the right of left of the employees of enterprises, organizations and offices;
  11. To strengthen supervision over the implementation of insuring insurance risks in the specified form related to the execution of works by employers of the enterprises that have a source of danger;
  12. To strengthen supervision over the perfection of allocation of a plot of land for constructing private apartments for people and system of giving credits for constructing apartments, quality and prices of construction materials;
  13. Following the terms of sample rules to be adopted on dividing (distribution) apartments among built thanks to the investment by enterprises and organizations;
  14. To support state social programs providing child labour, forced labour and human trafficking, regulating labour migration, organizing common monitoring;
  15. Revealing of evading cases of school-age children from education in the cities and districts of the autonomous republic, investigating their reasons and creating commissions consisting of the representatives of local executive bodies, trade unions and educational institutions for getting them back;
  16. To achieve the inclusion of “Basics of gender policy” into the programs of institutions of higher, secondary vocational and secondary education;
  17. To support the works of the provision of the students and the pupils of institutions of higher, secondary vocational and secondary education with hostel;                    
  18. To support works for including the partially paid social leave period used by the person who directly takes care of children into the labour and insurance record;
  19. To avoid cancellation of labour contract upon the initiative of an employer irrespective of the period the people go through the medical, occupational and social rehabilitation in these enterprises, except the cases when the enterprise is abolished; 
  20. Continuation of the reforms with the purpose of achieving stable and dynamic progress of insurance-pension system;
  21. To strengthen joint supervision over the full and timely transfer of social insurance contributions by the employers;
  22. Continuation of measures in the direction of informing insured people about pension capital amounts collected in insurance part of individual accounts of individual registration system;
  23. Implementation of appropriate measures in the direction of achieving the application of compulsory health insurance;
  24. To support discussing the issue of providing burial allowance to a person who has died during the period he received unemployment allowance;           

Protection of labor rights, labor protection, technical and environmental security

The Parties make the following commitments by evaluating the protection of labor rights, labor protection, technical and environmental security as one of the main directions of cooperation:

5.1. To prepare and accept programs on the following issues:

  1. Improving labour protection and labour conditions;
  2. Utilization of industrial wastes; 
  3. Training and retraining specialists on labour protection, to pave way for exchange of experience;  
  4. To prepare proposals on improvement of labour legislation in order to strengthen the requirements of labour protection;     
  5. Provision of preliminary and periodical medical examination and to strengthen supervision in this direction in cases defined by legislation; 
  6. To strengthen supervision over the provision of employees with healing and prophylactic meals depending on working conditions;
  7. To organize the production of means of collective and individual protection for employees who work in plants with dangerous and risky working conditions;
  8. Provision of environmental safety with the purpose of protection of employees in workplaces also in industrial enterprises;
  9. To continue the implementation of measures defined in “State Program on use of alternative and renewable energy sources in the Azerbaijan Republic” with the purpose of the wide use of alternative energy (water, wind and solar energy) sources; 
  10. To create an information system on labour security norms and standards;
  11. To provide the formation of “Labor protection service” with the purpose of provision of safe working conditions for employees by making improvement in executive bodies such as ministry, committee and others;
  12. To provide compulsory insurance of employees by the employer against the cases of losing working ability and industrial accidents and diseases  according to the legislation of Azerbaijan Republic;
  13. According to the 20th item of “On physical education and sports” Law of Azerbaijan Republic:

5.12.1. To provide necessary conditions for employees to do sports and rehabilitation and professionally applied training post-mortem;

5.12.2. To make sports facilities and bases for engaging in sports and physical education in their balances available disinterested for employees and the members of their families, to carry out maintenance, substantial and current repair of sports facilities and bases;  

5.13. To submit appropriate permissions for relaxing centres, tourist bases and sanatorium-recreation centres with the purpose of improvement of labour abilities and strengthening their health;  

– To create and submit relax centres for use (boarding houses) for spending the vocation of employees efficiently;

–   To provide continuous participation of employees of offices, enterprises and organizations in cultural, social events, excursions and sports events with the purpose of making their leisure time productive; 

– informing employees about labour legislation and labour protection norms and rules constantly, to hold seminars in different regions of the autonomous republic in order to train especially the young generation on this sphere;

– To implement the regulation in this sphere by establishing commissions including a representative of the trade union organization during the period the General Collective Agreement is in force with the purpose of following the rules of protection of labour rights, labour protection, technical and environmental safety by ministry, committee, office, enterprise and other bodies.

Social partnership and coordination of the activity of the Parties

– The Parties consider that it is necessary to use more efficiently the opportunities of social partnership when making decisions on the development of the social partnership, main social and economic problems and regulation of labour relations.

– For this purpose, the Parties make the following commitments:

– To consult on main directions of socio-economic policy regularly;

– To discuss the projects of national program, law and other normative juridical acts in the field of social-labour relations, employment of population, migration and social protection;

– To support comprehensively the initiatives in the field of corporate social responsibility of employer organizations, to consider the organization of “The social project of the Year”, “The best collective contract” and “The best social responsible enterprise” contests;

– to provide inclusion of representatives of trade unions into the commissions founded in the enterprises with the purpose of taking into account the interests of labour collectives during the privatization of state property,

– The Parties guarantee the observation of international resolutions and norms regarding with not to interfering the activity of trade unions and employers, they do not prevent the establishment of organizations of trade union and employers and they will assist trade unions in the entrance to all the enterprises and organizations that operates in the territory of the autonomous republic with the purpose of implementing duties defined by legislation.

– The Parties agree to payment of membership dues for trade union via the accounting departments of offices, organizations and enterprises. The transfers are made simultaneously with the payment of salaries.

– The parties make a commitment to support resolving the following problems:

– The regulation of social-labour relations on the basis of social partnership in the enterprises located in the territory of the autonomous republic irrespective of the property and structural-juridical form; 

– Signing and implementing territorial (tariff) and regional (region) collective agreements and collective contracts covering wider additional socio-economic, household and other relations compared to labour legislation taking into account the economic opportunities;

– Strengthening joint supervision over collective agreements and contracts.

– The Parties recommend allocating at least 0.15 per cent of wage fund of the employees that work in enterprises and organizations to trade unions for the purposes defined in tariff and regional (region) collective agreements and collective contracts.

– The Parties carry out all necessary measures depending on them for the regulation of collective labour disputes occurred during social-labour and economic relations and organize the improvement of infrastructure and joint cooperation in this field,

– Each party prepares measures providing the implementation of taken obligations.

– The Parties bear responsibility defined by the legislation if they fail to fulfil the taken obligations.

– General Collective Agreement is supervised by the Parties.

– Changes in General Collective Agreement is made by the mutual agreement of the Parties.

– General Collective Agreement is signed for 2014-2015 and comes into force upon signature.

The validity of the General Collective Agreement may be prolonged up to three months upon the agreement of the Parties in case if new negotiations are not terminated during the validity period of the General Collective Agreement in force.  

– The Parties spread the materials devoted to the development of social partnership via mass media of the autonomous republic with the purpose of reflecting the activity of the Parties on the execution of General Collective Agreement and regulation of social labour relations.

– The clauses included into the General Collective Agreement are a concern all enterprises, offices and organizations irrespective of their form of the property unless otherwise specified by international treaties joined by the Republic of Azerbaijan.