1.1. This Statute defines the legal framework governing the establishment and operation of the Tripartite Commission on Social and Economic Issues (hereinafter referred to as the Commission) in the Republic of Azerbaijan.
1.2. The Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan, the Azerbaijan Trade Unions Confederation, and the National Confederation of Entrepreneurs (Employers) Organizations of the Republic of Azerbaijan (hereinafter referred to as the Parties) are the parties of the Commission.
1.3. In its activities, the Commission is guided by the Constitution of the Republic of Azerbaijan, the laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, resolutions and orders of the Cabinet of Ministers of the Republic of Azerbaijan, international treaties to which the Republic of Azerbaijan is a party, and this Statute.
1.4. The Commission has its own official letterhead and emblem.
1.5. The Secretariat of the Commission is located in the city of Baku.
2.1. The foundational principles for the establishment of the Commission are as follows:
2.1.1. Voluntary participation of the Parties in the activities of the Commission;
2.1.2. Equality of rights of the Parties;
2.1.3. Independence of the Parties in determining their delegations;
2.2. The Commission is composed of representatives from each Party, five members from each, appointed with appropriate authority under conditions of gender equality, and operates on a permanent basis in a public (non-remunerated) capacity. The Chairperson of the Commission is not included in the numerical composition.
2.3. Inclusion and replacement of representatives in the Commission are carried out based on the proposal of the respective Party.
2.4. The composition of the Commission is approved by joint decision of the Parties.
2.5. Disputed issues are resolved in accordance with the procedure prescribed by the legislation of the Republic of Azerbaijan.
3.1. The main objective of the Commission is to provide proposals to determine the agreed general principles for conducting socio-economic policy in the country, regulate socio-labor relations, and support the development of social dialogue in order to maintain social stability.
3.2. The main tasks of the Commission are as follows:
3.2.1. Coordination of collective bargaining and the preparation of the draft General Collective Agreement;
3.2.2. Assisting in the regulation of socio-labor relations at the national level;
3.2.3. Conducting consultations on the formation of socio-economic policy, socio-labor relations, employment, labor migration, ensuring the labor market with qualified workforce, preparation of draft normative legal acts in the field of social protection, and implementation of related measures;
3.2.4. Conducting consultations and reaching consensus with republican and local coordination committees supporting employment;
3.2.5. Coordinating the positions of the Parties on the main directions of social policy;
3.2.6. Discussing issues arising during the implementation of the General Collective Agreement upon the initiative of the Parties;
3.2.7. Promoting dissemination of social partnership practices and informing the public about the activities of the Commission;
3.2.8. Studying international experience, participating in events of international organizations in the field of socio-labor relations and social partnership, and conducting consultations on the ratification and application of international labor standards.
4.1. The main rights of the Commission are as follows:
4.1.1. To conduct consultations with central executive authorities on the development and implementation of socio-economic policy;
4.1.2. To reconcile the interests of trade unions, employers’ associations, and relevant central executive authorities during the preparation of the General Collective Agreement;
4.1.3. To engage in mutual cooperation with relevant sectoral (intersectoral), regional, and other commissions as well as with republican and local coordination committees supporting employment on social-labor relations;
4.1.4. To obtain necessary information from relevant executive authorities, trade unions, and employers’ associations for conducting collective bargaining;
4.1.5. To monitor the implementation of its decisions;
4.1.6. To participate in the drafting of normative legal acts related to economic, social issues and labor relations, as well as in the discussion of relevant draft laws in the National Assembly (Milli Majlis) of the Republic of Azerbaijan;
4.1.7. To invite representatives of central executive authorities, trade unions, and employers’ associations that are not members of the Commission, representatives of relevant non-governmental organizations and other organizations, including experts from international organizations, to participate in the activities of the Commission and to establish working groups;
4.1.8. To participate in various seminars, conferences, and meetings on social partnership and social-labor relations;
4.1.9. To develop and adopt the rules of procedure of the Commission.
5.1. The Secretariat carries out organizational and clerical work related to the activities of the Commission.
5.2. When matters related to the rights and duties of the Commission are submitted to the Secretariat, the Secretariat forwards them to the Commission members and the Chairperson of the Commission and prepares a work plan for their consideration.
5.3. The Commission meetings are held at least once every six months.
5.4. Decisions of the Commission are made with the participation of at least 3 members from each Party and at least two-thirds of the total members. A decision is considered adopted if all three parties vote in favor.
5.5. Decisions of the Commission are communicated to the Parties within 10 days.
5.6. Other conditions for decision-making by the Commission and other matters related to the Secretariat’s activities are defined by the Commission’s rules of procedure.
5.7. Members of the Commission who disagree with a adopted decision may request that their special opinions be recorded in the minutes of the Commission meeting.
5.8. The decisions adopted by the Commission are advisory in nature. However, during the review of relevant draft normative legal acts related to the labor, social, and economic rights and interests of employers and workers, discussion of the Commission’s decisions is mandatory.
6.1. The responsibilities of the Chairperson of the Commission include the following:
6.1.1. Organizes the activities of the Commission and chairs its meetings;
6.1.2. Approves the composition of working groups;
6.1.3. Assists in coordinating the positions of the Parties;
6.1.4. Signs the Commission’s Rules of Procedure, work plans, decisions, and other documents;
6.1.5. Conducts consultations with the coordinators of the Parties between Commission meetings to make operational decisions;
6.1.6. Leads the Secretariat that ensures the Commission’s activities;
6.1.7. Reports on the Commission’s activities to the President of the Republic of Azerbaijan and relevant state bodies.
6.2. The Chairperson does not interfere with the activities of the Parties and does not have voting rights in decision-making during meetings.
6.3. The Chairperson of the Commission is elected for a one-year term, on a rotational basis, from among the heads of the Parties.
7.1. The activities of each Party are coordinated by the respective Party’s coordinator.
7.2. The coordinator representing each Party is selected from among the Commission members by the Parties themselves.
7.3. Upon instructions from each Party, its coordinator submits proposals to the Chairperson of the Commission regarding draft work plans, meeting agendas, and the Party’s personnel in working groups, and informs the Commission of any changes within the Party’s composition.
8.1. The rights and duties of a member of the Commission are determined by the Rules of Procedure of the Commission.
8.2. A member of the Commission is issued an identification card in a form determined by the Commission for the duration of their authority.
