GENERAL COLLECTIVE AGREEMENT
General collective agreement
Cabinet Of Ministers Of Nakhchivan Autonomous Republic Council Of Trade Unions Of Nakhchivan Autonomous Republic Confederation Of Entrepreneurs Of Nakhchivan Autonomous Republic
Decision
On the conclusion of the general collective agreement between the Cabinet of Ministers of the Nakhchivan Autonomous Republic, the Council of Trade Unions of the Nakhchivan Autonomous Republic and the Confederation of entrepreneurs of the Nakhchivan Autonomous Republic for 2014-2015
The Cabinet of Ministers of the Nakhchivan Autonomous Republic, the Council of Trade Unions of the Nakhchivan Autonomous Republic and the Confederation of entrepreneurs of the Nakhchivan Autonomous Republic decide:
In accordance with Article 36 of the Labor Code of the Republic of Azerbaijan, a general collective agreement for 2014-2015 should be concluded between the Cabinet of Ministers of the Nakhchivan Autonomous Republic, the Council of Trade Unions of the Nakhchivan Autonomous Republic and the Confederation of entrepreneurs of the Nakhchivan Autonomous Republic (attached).
This decision comes into force on the day of its signing.
Cabinet of Ministers of Nakhchivan Autonomous Republic,; signed between the Council of Trade Unions of Nakhchivan Autonomous Republic and Confederation of entrepreneurs of Nakhchivan Autonomous Republic, 2014 dated September 29, 92
Cabinet of Ministers of Nakhchivan Autonomous Republic, Council of Trade Unions of Nakhchivan Autonomous Republic and Confederation of entrepreneurs of Nakhchivan Autonomous Republic for 2014-2015
GENERAL COLLECTIVE AGREEMENT
The Cabinet of Ministers of the Nakhchivan Autonomous Republic, the Council of Trade Unions of the Nakhchivan Autonomous Republic and the Confederation of entrepreneurs of the Nakhchivan Autonomous Republic (hereinafter – the parties), based on the current legislation, conclude the General Collective Agreement (hereinafter-the agreement), which determines the agreed positions and joint activities on socio-economic policy and socio-Labor Relations for 2014-2015.
The parties believe that during the period of conclusion of the agreement, the parties will continue to develop the competitiveness and labor productivity of the Autonomous Republic’s economy, develop stable employment and efficient infrastructure of the labor market, create conditions that will contribute to the safety of workplaces, improve the quality of living of employees and their families, and take measures to reduce poverty, implementation of socio-economic policy aimed at maintaining social and macroeconomic stability and ensuring social protection of the population constitutes the priority objectives of the agreement.
The agreement is an integral part of the social partnership system and forms the basis for the development and conclusion of field (tariff) collective agreements.
The parties declare that they will strive to develop mutual relations on the basis of the principles of social partnership, to regulate socio-labor relations through social dialogue, collective agreements and agreements, and to comply with the obligations and agreements established by the General Collective Agreement.
In the field of economic policy
The parties believe that in the near future, the socio-economic policy of the state should be directed towards ensuring sustainability of economic development, modernization of production and increasing competitiveness, stimulating innovation activity and investment in human capital, strengthening social protection of citizens, creating new decent jobs, reducing poverty, increasing the welfare of the population.
For this purpose, the Parties undertake the following obligations:
to help modernize the economy, including service sectors;
accelerating the transition of the economy to an innovative development model;
increasing attention to the development of high-tech and infrastructure sectors of the economy;
implementation of comprehensive measures to support priority sectors of the economy;
improving the system of long-term forecasting of socio-economic development, increasing its quality;
stimulating measures aimed at increasing labor productivity;
to continue state financial support for small and medium-sized businesses, which is a key factor in increasing production volumes and creating new jobs in a market economy, to further improve other institutional mechanisms of State-entrepreneur relations in order to effectively organize this support;
to increase comprehensive assistance to local producers in order to increase production volume, labor efficiency, quality of goods and competitiveness of local products, to protect the interests of local producers of the Autonomous Republic in domestic and foreign markets on the basis of legislation and international law, to provide stimulation of export of manufactured finished products to world markets;
to complete the creation of data banks reflecting labor and natural resources, economic potential and infrastructure in each city (region) with the aim of creating new jobs and take measures to disseminate information about these information sources;
to support the expansion of the application of modern information and communication technologies in all sectors of the economy;
to continue measures to reduce the size of the informal economy and focus on the real sector;
to continue the work towards optimization of the proportion of revenues and expenditures of the Autonomous Republic’s budget in the Gross Domestic Product;
to ensure the development of agricultural production in terms of food security of the Autonomous Republic, strengthening of measures carried out in this direction, their more flexible implementation, improvement of its management and structure, full provision of the domestic market, strengthening of access to foreign markets;
to increase efforts for youth and women of the Autonomous Republic to engage in entrepreneurial activity;
using tripartite consultations in the process of revising prices (tariffs) for services and products of natural monopolists;
to conduct joint monitoring and bring their results to the general public in order to prevent cases of monopolization, restriction of competition, distribution of markets, application of agreed high prices, which affect the unjustified increase in prices in the consumer market;
to achieve simplification of the conditions for issuing mortgage loans and to organize joint control over it;
to carry out joint work on the protection of the rights of employees working with foreign investment and working in joint ventures;
to strengthen the mechanism of control over the quality of food and non-food products imported to the Autonomous Republic;
continuing institutional, managerial and structural reforms;
to actively use appropriate regulation methods in order to maintain inflation at an acceptable level;
to implement measures that will replace imports and stimulate the production and export of export-oriented products;
to strengthen control over the development and implementation of a plan of measures to protect and increase soil fertility, to carry out health-improving measures on salinized, eroded soils.
The parties consider it necessary to predict the following real growth indicators of gross domestic product in all sectors of the economy:
In 2014, 1.7 percent, in 2015-2.3 percent, including 9.9 percent and 2.1 percent respectively in industrial production;
0.5 percent and 0.6 percent in rural, forest and fishing farms;
cash incomes of the population 5,0 percent and 5,7 percent.
Remuneration of labor, income and standard of living of the population
The parties consider it necessary to develop and implement complex measures that ensure the employee’s Labor right during the specified period, increase real wages, improve the living standards of the population and improve income policy.
To this end, the Parties undertake the following obligations in order to improve the organization of Labor, increase the qualifications of employees, and increase labor productivity:
to achieve a significant increase in the share of funds spent on Labor remuneration in the Gross Domestic Product;
to continue timely payment of wages, pensions, benefits;
to continue to pay equal amounts of labor for the same work performed by male and female workers;
to continue the development of standards for professional specialties based on international experience;
to implement effective measures to significantly reduce the number of people who receive less than the average salary in the Autonomous Republic;
to strengthen the joint control of social partners over employers who recruit employees and provide them with informal payments without the entry into force of the employment contract (contract) in order to prevent informal labor relations;
to carry out registration of notifications of labour contract in electronic information system;
to increase attention to the work carried out in the direction of normalizing labor in enterprises and organizations;
to determine a unified policy in this area, conducting consultations around information reflecting the share of Labor remuneration in the cost of manufactured products.
Development of the labor market and guarantees of employment of the population
The parties believe that the modernization and innovative development of the economy should form the demand for skilled workers and be accompanied by the creation of effective jobs characterized by high productivity, safe working conditions and decent wages
improving the information system on the labor market;
improving the effectiveness of public policy in the field of employment and the quality of public services;
improving the quality of the workforce and developing its professional mobility;
improving legal regulation in the field of labor market and employment;
improving the efficiency of labor migration.
In this regard, the parties assume the following obligations:
To ensure the establishment of the Autonomous Republic coordination committee consisting of representatives of social partners and relevant non – governmental organizations in order to implement the agreed policy in the field of employment in accordance with the legislation;
to continue improving the regulatory legal framework in the field of Labor, Employment and labor migration;
To ensure the implementation of the measures envisaged in the “state program for the implementation of the Employment Strategy of the Republic of Azerbaijan for 201-15 years”approved by the Order of the president of the Republic of Azerbaijan dated November 1836 of 2011l 2015;
support measures aimed at ensuring youth employment, improving the system of privileges that encourage them to work in rural areas, improving working conditions, improving living standards, strengthening social protection of students and pupils, young workers and specialists;
to strengthen control over the restoration of young people discharged from the army to their previous jobs and positions, to ensure their employment in accordance with their profession;
strengthen the control of social partners over compliance with the requirements of labor legislation;
to prepare relevant proposals as a continuation of work on bringing the minimum amount of unemployment benefits, as well as scholarships for vocational training and additional education to the limit of the subsistence level;
to carry out effective measures towards the legalization of informal labor relations;
to prepare joint proposals of the state and entrepreneurs (business) on the implementation of reforms in the system of technical-vocational and secondary special education in accordance with the requirements of the developing economy;
to take the necessary measures to create a system for forecasting personnel training in accordance with the requirements of the labor market;
to prevent unjustified conclusion of fixed-term contracts in order to ensure the labor rights of employees continuously;
to continue work towards expanding employment opportunities of vulnerable groups of the population;
to take care of the employment of children deprived of parental care, staying in institutions of upbringing, treatment and social protection of population and other similar institutions after returning from these institutions;
to ensure full financing of employment programs and to strengthen control over the effective use of funds allocated for these purposes;
to take measures to draw up the balance of labor resources in the Autonomous Republic;
expanding incentive measures for employers that ensure the maintenance of existing jobs and the creation of new jobs;
to expand advertising and information work in the direction of informing the population, especially job seekers and unemployed citizens, to create a detailed information base on newly created jobs and to bring it to the general public;
to continue the analysis work in order to correctly assess the real state of employment and unemployment in the labor market;
to organize lectures on the basics of labor legislation to students and pupils of Higher, Secondary specialized, primary vocational and general educational institutions;
to assist Coordination Committees established in the regions of the Autonomous Republic on employment issues;
to conduct consultations in the field of strengthening the system of incentives that encourage internal territorial mobility of labor resources;
to monitor compliance of newly created workplaces with the requirements of labour norms;
to continue the work on the study of the real situation of informal employment and labor migration and the elimination of the causes that create it, as well as public awareness of the risks it poses;
increase the level of employment of women through the development of social infrastructure-oriented work, revival and development of folk applied art, creation of Tourism and recreation areas and increase of investments in these areas;
strengthening work on teaching young people, women, especially women aged 20-30, new professions and improving their qualifications.
The Directions for strengthening social protection
The parties consider it necessary to implement the following measures to ensure the rights of citizens of the Republic of Azerbaijan living in the Autonomous Republic on social protection:
strengthening public control over public health protection;
Continuation of measures to enhance social protection of HIV/GLC, diabetes and other chronic diseases;
continuation of the implementation of appropriate measures to improve the quality of baby food in preschool educational institutions;
the organization of children’s recreation during school holidays continues;
Organization of provision of housing for employees of enterprises and organizations in need of Housing and gradual bringing of residential areas (apartments, buildings) from emergency condition to usable condition by owner bodies, (Ministry, committee, union and others per Article 28 of the Housing Code of the Republic of Azerbaijan and ensuring the safety of those living here;
ensuring financing of the expenses of the insured on sanatorium-resort treatment within the funds envisaged in the budget of the State Social Protection Fund of Nakhchivan Autonomous Republic, achieving the improvement of the efficiency of the allocated funds, ensuring timely payment of the cost of Sanatorium-resort trips to the bodies of the State Social Protection Fund of Nakhchivan Autonomous Republic
maintaining the priority role of the public sector in the health care system and continuing to provide medical services to citizens free of charge based on state guarantees;
development of sanitary and hygienic standards that can meet modern requirements, taking into account the natural and reproductive characteristics of women in the workplace;
ensuring timely provision by employers of information on insured persons as defined by legislation on personal accounting;
strengthening control over the use by employees of the right to leave in enterprises, organizations and departments;
strengthening control over the implementation of insurance risks in the prescribed manner in connection with the performance of work by employers of enterprises that have a source of danger;
improving the process of allocating land plots for private housing construction to the population and the system of issuing loans for housing construction, strengthening control over the price and quality of building materials;
compliance with the conditions of the sample rules to be adopted on the distribution (distribution) of the housing area built at the expense of enterprises and organizations among employees;
support of state social programs that ensure the elimination of child labour, forced labour and human trafficking, regulate labour migration, and organization of joint monitoring;
establishment of commissions consisting of representatives of local executive authorities, trade unions and educational bodies to identify cases of school-age children’s evasion from education in cities and regions of the Autonomous Republic, to investigate its causes and to return children to schools;
achieving the inclusion of the teaching of” fundamentals of Gender policy ” in the programs of Higher, Secondary special, primary vocational and general educational institutions;
support of work carried out to provide students and pupils studying in Higher, Secondary and primary vocational education institutions with dormitories;
supporting the work done to include in the labour and insurance seniority the period during which the person directly caring for the child uses partial paid social leave;
failure to terminate an employment contract on the initiative of the employer, except cases of liquidation of the enterprise, regardless of the period of stay of persons undergoing medical, professional and social rehabilitation in these institutions;
continuation of reforms aimed at achieving sustainable and dynamic development of the insurance pension-pension system;
strengthen joint control over the timely and full transfer of Social Insurance contributions by employers;
continuation of measures to inform the insured about the amounts of pension capital accumulated in the insurance part of individual accounts in the personal accounting system;
implementation of appropriate measures to achieve the implementation of compulsory health insurance;
support for the consideration of the issue of providing funeral benefits to a person who died during the period of receiving unemployment benefits.
Protection of labor rights, labor protection, technical and environmental safety
Assessing the protection of labor rights, labor protection, technical and environmental safety as one of the main directions of cooperation, the parties assume the following obligations:
to prepare and adopt programs on the following issues:
improving labour protection and working conditions;
waste disposal
to create conditions for training specialists in labour protection, improving their qualifications, and appanage of exchange of experience;
to prepare proposals for improvement of labour legislation toto strengthen labour protection requirements;
to ensure the conduct of preliminary and periodic medical examinations of employees in cases provided for by the legislation and to improve control in this direction:
strengthen control over the provision of workers with curative preventive meals depending on working conditions;
to organize the production of collective and individual means of protection for those working in Productions whose working conditions are harmful and dangerous;
ensuring environmental safety to protect the health of people at workplaces, including industrial enterprises;
to continue the implementation of the measures envisaged in the “state program on the use of alternative and renewable energy sources in the Republic of Azerbaijan ” to make extensive use of alternative energy (water, wind and solar energy) sources;
creating an information system on occupational safety norms and standards;
to ensure the establishment of a “labour protection service” with improvement in ministries, committees and other executive structures to ensure safe working conditions for employees;
By the legislation of the Republic of Azerbaijan, the employer provides compulsory insurance for employees against loss of professional ability as a result of industrial accidents and occupational diseases;
According to Article 20 of the law of the Republic of Azerbaijan” on Physical Culture and Sport”:
5.12.1. to create the necessary conditions for employees to be able to engage in physical education and sports, including in conditions of work regime and post-work rehabilitation and professional-applied exercises;
5.12.2. to provide free of charge to employees and their family members sports facilities and bases on their balance sheet for physical education and sports, to carry out maintenance, overhaul and current repair of these sports facilities and bases;
5.13. to give employees appropriate trips to rest homes, tourist bases and sanatorium-resort institutions toto improve their working capacity and strengthen their health;
to establish rest houses (boarding houses) for effective conduct of the vacation period of employees and make them available to employees;
continuously ensure their participation in cultural-mass, social, tourist-excursion and sports events for the effective organization of leisure time of employees working in institutions, enterprises and organizations;
to conduct seminars in different regions of the Autonomous Republic to regularly inform employees about labour legislation and labour protection norms and rules, especially to educate the younger generation in this area;
to implement the regulation in this area by creating commissions, including the representative of the trade union organization, during the validity of the general collective agreement, to comply with the rules for the protection of labour rights, labour protection, and technical and environmental safety by ministries, committees, departments, enterprises and other bodies.
1. Coordination of Social Partnership and Activities of the Parties
The parties believe that it is necessary to more effectively use the opportunities of social partnership when making decisions on the development of social partnership, basic social and economic issues, regulation of Labor Relations.
For this purpose, the Parties undertake the following obligations:
to conduct regular consultations on the main directions of socio-economic policy;
to discuss projects of national program laws and other normative legal acts in the field of socio-labor relations, employment of the population, migration and Social Security;
to comprehensively support the initiatives of employers ‘ organizations in the field of corporate social responsibility, to consider the organization of competitions “best social project of the Year”, “Best collective agreement”, “best socio-responsible enterprise;
to ensure the inclusion of trade union representatives in the composition of commissions created at enterprises in order to fully take into account the interests of labor collectives during the privatization of state property,
The parties guarantee compliance with recognized international decisions and norms on non-interference in the activities of trade unions and employers, do not interfere with the establishment of trade unions and employers ‘ organizations, and will help trade unions to enter all enterprises and organizations operating in the territory of the Autonomous Republic in order to fulfill their duties stipulated by the legislation.
The parties agree to the payment of trade union membership fees by transfer through the accounting of institutions, organizations and enterprises. Transfers are made simultaneously with the payment of wages.
The parties accept as an obligation to assist in resolving the following issues:
regulation of socio-Labor Relations in enterprises located in the territory of the Autonomous Republic on the basis of social partnership principles, regardless of ownership and organizational and legal form;
taking into account economic opportunities, the conclusion and implementation of sectoral (tariff) and territorial (district) collective agreements and collective agreements covering a wider range of additional labor, socio-economic, material and other relations than labor legislation;
strengthening joint control over the conclusion of field collective agreements and collective agreements.
The parties recommend that at least 0.15 percent of the wage fund of employees of enterprises and organizations be allocated to the trade union for the purposes established in field (tariff), territorial (district) collective agreements and collective agreements.
The parties carry out all the necessary measures dependent on them for the regulation of collective labor disputes (conflicts) arising in the field of socio-labor and economic relations, organize infrastructure improvement and joint cooperation in this area,
Each party develops measures that ensure the fulfillment of the accepted obligations.
If the parties do not fulfill their obligations, they are liable in the manner prescribed by law.
Control over the implementation of the general collective agreement is exercised by the parties.
Changes in the general collective agreement on the basis of mutual agreement of the parties
The general collective agreement is concluded in 2014-2015 and enters into force on the day of its signing.
Suppose the new negotiations do not expire before the expiration of the term of the general collective agreement in force. In that case, the validity period of this general collective agreement may be extended by agreement of the parties for up to three months.
To highlight the activities of the parties on the implementation of the General Collective Agreement and the regulation of social and Labor Relations, the parties disseminate materials on the development of social partnership through the media of the Autonomous Republic.
The provisions included in the General Collective Agreement shall apply to all enterprises, institutions and organizations, regardless of their form of ownership, unless otherwise provided by international agreements to which the Republic of Azerbaijan is a party.
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