WP 92 - An overview of women's work and employment in Azerbaijan

M. van Klaveren, K.G. Tijdens, M. Hughie-Williams and N.E. Ramos Martin

with age for those over age 24. Unemployment is mostly an urban phenomenon. In urban areas, 24-26%
of the males aged 15-24 were unemployed and even 25-30% of the females of that age. In rural areas the
comparable unemployment rates were between 8 and 10% for both sexes. On average 48,000 females aged
15-29 were unemployed in 2006. If one looks at highest level of education completed, unemployment con-
centrated among those with second level first stage education completed (ISCED level 2). For both men and
women, unemployment decreased with more education (data: SSC via website AGIC; ILO Laborsta).

2.4. National legislation and labour relations

2.4.1. Legislation

Azerbaijan has ratified the eight core ILO Labour Conventions, i.e. no’s 29, 87, 98, 100, 105, 111, 138
and 182. The Constitution provides for freedom of association, including the right to form trade unions. In
2004, the government ratified the European Social Charter, notably the articles on freedom of association
and collective bargaining. Under the Act on Trade Unions of 24 February 1994, seven persons or more
may form a trade union and adopts its rules. Uniformed military and police as well as managerial staff are
prohibited from participating in unions, although civilians working in the Ministry of Internal Affairs and
the Ministry of Defense are allowed to do so. In 2006 the Labour Code and the Act on Trade Unions were
amended. According to these new changes employers cannot dismiss employees without the written con-
sent of the trade union within the enterprise (ITUC 2008; US Dept of State 2009, 2010).

The Constitution provides for the right to strike, but there are exceptions. In addition to banning strikes
in the services deemed essential by international standards, the Labour Code as of 1 February 1999 (Section
XI) states that employees of legislative authorities, relevant executive authorities, courts and law enforce-
ment authorities may not go on strike. Strikes are also prohibited in the railway and air transport sectors.
Striking workers who disrupt public transportation can be sentenced up to three years’ imprisonment. The
State prohibits unions from carrying out political activities. Unions may not be associated with political
parties, carry out joint activities with them, or receive financial support or provide them with financial aid.
The ITUC (2008) deems such a general prohibition contrary to the principles of freedom of association.
The law prohibits retribution against strikers, such as dismissal or replacement. Both local and international
NGOs claimed that workers in most industries were largely unaware of their rights and afraid of retribution

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