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The national employment law profile: Azerbaijan

Industrial relationships deserve particular consideration in Section 33, which states: "1 "1. Employees have the right to establish and join a union and the right of employer associations to be formed and to join them. Everyone has the right to work fairly, inclusive of decent work and working in decent working circumstances. a) in the interests of the interests of the interests of national security, law and order, law and order, public morals or human dignity; (b) to protect the prerogatives and liberties of others; or (c) to impose appropriate limitations on members of a regulated troop; but only to the degree that such limitations are appropriate and defensible in a free and democratic state.

4. Everyone has the right to have free entry to stores, accommodation, public catering, places of general interest, places of general interest, means of transportation, taxi stands and places of general interest without discriminating on a non-discriminatory basis. a) uses income or other funds for specific ends; b) applies a pensionable period to a non-citizen who holds a government position; c) applies a handicap or limitation or grants them a right or benefit that is not applied or granted to them; or

d ) allows a discretionary individual to initiate or terminate legal action to take into consideration, in the performance of such judgement, customary dispute resolution practices in the State; or e) makes provisions relating to adoptions, marriages, divorces, funerals, transfers of assets to death or similar issues as the individual right of a individual or members of a group; but only to the degree that the right is appropriate and defensible in a free and free democracy community.

It is responsible for (a) informing the general public as to the type and contents of fundamental freedoms, as well as their origin in accordance with relevant agreements and other relevant agreements, and the responsibility of the Committee on the Elimination of Racial Discrimination and other bodies of the General Assembly of the United Nations to promote compliance with them; and (b) informing the general assembly of the principles of fundamental freedoms;

Fiji's 1965 law on labour is currently the most extensive one. Pursuant to Section 1, paragraph 2, the General Business Practices apply in both the personal and community sector and apply to all individuals except marine, defence and aviation staff (with the exception of local civil personnel), members of the Royal Fiji Police and members of the Fiji Prison Service.

Paragraph 1 (3) provides that the Minister may, by order, preclude any individual or group of individuals or any government or agency or any agreement or instrument or any type of contract/transaction from the implementation of all or part of the law. The Minister ruled out the law in 1976 by an Employment Exclusion Regulation on the harvest of beetroot.

1984 all working relationships for this sector were incorporated into the Sugar Act. Chief Labour Officer (CEO) for Labour organises the implementation of the law's labour law requirements, namely the rules on employee record keeping, pay and working terms. a) Law on Labour (Chapter 92); (b) Law on Commercial Disputes (Chapter 92).

d) Trade Unions Act (Cap. 96); (e) Recognition Act 1998 (Cap. 96A); (f) Public Holidays Act (Cap. 101). Amendments are made to (a) the Labour Protection Act (Chapter 94) by removing the residential municipal authority and replacing the Labour Relations Tribunal; and (b) by removing the high court and replacing the labour relations court wherever they appear in this Act; and the Sugar Industrial Act (Chapter 206) is changed to allow labour litigation and complaints in the sugars industries to use the machines under the Act.

This Act does not amend the regulations of the Summer Time Act, the Permanent Establishment Act (Chap. 100) and the Industrial Association Act (Chap. 95). The 9th part of the law concerns equal employment opportunities. There is a wide scope: Section 3 shows that all employees in Fiji, with the exception of those in uniform service industries, are included.

Recognising the presence of veiled working arrangements that do not come under an official agreement or an official agreement, the draft law will require all working arrangements to be inscribed. The Industrial Relations Court and the Industrial Relations Court create Part 20 "Institutions", which are available for obligatory arbitrations.

Section 8 of the proposal establishes the Industrial Relations Council and authorises it, inter alia, to impose certain terms and condition of work. Paragraph 140 makes it clear that the law on industrial associations does not cover the union. In 1999, the Law of the Commission on Universal Declaration of Human rights was passed to defend and advance the fundamental freedoms of all people in Fiji.

Under the 1999 Civil Servant Act, the civil servants provide a non-discriminatory working atmosphere. Paragraph 3(3) clarifies that a program or action related to property shall not be understood as equal exercise of any right, interest or right of property.

Fiji National Education Act was passed in 1973 and changed in 1976, 1978, 1983, 1984 and 2002. The Fiji National Council, which in 2002 was re-named the TPAF (Training and Productivity Authority of Fiji), was established under this law. The law requires the authority, among other things, to ensure, organise or govern appropriate education of individuals or groups of individuals in order to support them in the context of work, to organise the work of such individuals or groups of individuals who are undergoing or have undergone such education, to give advice and spread information on education and to offer advisory and counselling activities to businesses and other people.

At present, the tax is set at 1% of the entire sum of the country's payroll, except for the pay of certain people. A number of other laws supplement the employment framework: the Working Hours and Employment Act, the 1996 Health and Safety at Work Act (which includes the Factories Act, the Petroleum Act, the Pesticides Act and the Ionising Radiation Act), the Compensation of Workers Act, the 2002 Council of Payroll Act and the Fiji Training and Productivity Authority Act.

The following provisions have so far been enacted under the Health and Safety at Work Act: Health and Safety Provisions (Representatives and Committees) 1997, Health and Safety Provisions (Training) 1997, Health and Safety Provisions (Administration) 1997 and Health and Safety Provisions (General Working Conditions) 2003.

The Ministry of Labour, Industrial Relations and Productivity submitted the OSH Conflict Resolution Regulations to the National Occupational Safety Advisory Board (NOHSAB) in 2005 for approval before submission to the Subcommittee on Law. The regulations are due to enter into force in the course of 2006 and will link the resolution of occupational safety and health litigation with other areas of work that will be dealt with by the Industrial Relations Act when it enters into force later in 2006.

Fiji's labor relationships were traditionally established during the Spanish colonization, when the country's main economic base was farming, although the main sources of currency revenue are still sugars. Fiji's greatest job creation will be in the tourist and processing sectors. Each new system of working relationships in Fiji will be built on the implementation of the renewed labor laws.

A significant proportion of employees in the official sectors in Fiji are organised, while those in the informel sectors stay outside the sphere of the labor movements. Fiji has recently taken on an important role in the review of its employment laws with the objective of modernising them. Important three-pronged actors have participated in the commentary on the Industrial Relations Act.

Other important questions include wage negotiations, discriminatory practices in the workplace, the inclusion of men and women, the gradual abolition of the use of children, the fight against the HIV/AIDS pandemic, job security, job losses, job generation, a forum for debate, appropriate disputes resolution and more. requiring better literacy, experiences, skills, institution, interinstitutional capacities, a better and more equitable appreciation of working conditions and, above all, human and vocational relations based on the principles of human dignity, equity and proportion.

Tripartite Forum (originally founded in 1976 and recognised by critics as having been in charge of successfully institutionalising societal dialogue in the early years, until the parties' policy links with the labour movement resulted in a boycott by the unions); a Working Council (currently composed of 24 members (4 members of the Ministry, 8 employee and 8 employers' delegates and 4 "other persons" nominated by the Minister and partly described as independents ), which will soon be superseded by the Industrial Relations Council; the National Council for Economic Development (established in 2003 within the framework of the Ministry of Finance and National Planning);

in 2002, the National Education Council of Fiji was re-named the Training and Productivity Authority of Fiji (TPAF) (with a three-tiered administrative structure); Fiji National Provident Fund (also under the Ministry of Finance and National Planning, with a three-tiered administrative structure); National Advisory Council on Health and Safety at Work (currently consisting of the Chairman's Chief Executive Officer and two Vice-Chairmen, as well as five other ministries and five members of the most prestigious employers' and employees' associations) and the ten sectoral pay councils (two each independently, two employers' and two employees' representatives).

Part V and VI of the Labour Code concern verbal and writing services agreements. While this text is soon to be superseded by the Industrial Relations Act, the following brief text sets out the core of the regulatory frame which is most likely to be transposed. In the case of writing agreements, the only limitation relates to the minimal retirement age of fifteen years (§ 37 (1)).

Young people (aged between 15 and 18 years) may not conclude an agreement of work except in a profession recognised by the county or the job centre as not harmful to their mental or bodily growth (§ 37 para. 2). a) if the term of the agreement is less than one week and the salaries are payable at least every one working day without prior notification; b) if the term of the agreement is one working day or more but less than two weeks or if the salaries are payable at least seven working weeks a week or more but at two-winter time; or if the salaries are payable at least seven working nights before the end of the same; and

c) if the term of the agreement is two weeks or more but less than one months or if the salaries are payable every two weeks or at least every two weeks but less than one months with a deadline of at least fourteen working days before the expiry of this deadline; d) if the term of the agreement is one months, with a deadline of at least one months before the expiry of this deadline.

a) if an worker is at fault for wrongdoing that is incompatible with the performance of the explicit or implicit terms of the employment agreement; (b) for wilful insubordination to the employer's legitimate instructions; (c) for unqualified employment; (d) for ordinary or material breach of duty; and (e) for constant absenteeism from work without the employer's permit and without other appropriate apologetics.

Specific agreements must be in writing: 38 (1) states: if they are concluded for a minimum of six month or a number of working day corresponding to six month; if they provide for working terms that are substantially different from those usual in the working area for similar work; or if it is a non-German assignment.

Pursuant to section 35(1), each agreement shall be submitted for certification to a local chairperson, work commissioner, or other official authorized to do so by the CEO for LABO. Additionally to the originals of each certified agreement under this Act, three photocopies shall be made. Each certified certificate shall be filed and kept with the certifying official.

According to 36, every worker who concludes a policy is inspected by a physician expert, and whenever this is feasible, the worker is given a physical examination and a certification before the policy is certified. A labour director may relieve certain workers from this obligation, namely to work in an undertaking which employs no more than 25 workers or to work near the place of residence of the worker in a place which is not hazardous or which may damage the workers' general wellbeing.

Termination of the agreement is at the end of the specified period or upon the employees deaths ((§ 40). If a worker is not able to fulfil the agreement due to sickness or an injury, the agreement may be terminated with the consent of the regional or employment office, provided that the right of the worker to a possible salary and a possible indemnity for the injury or the sickness and a right of return are preserved (§ 41 para. 1).

102 para. 1 letter c of the Employment Act authorises the Minister, after consultation with the Working Committee, to issue provisions on the working time of womens, adolescents and infants, and para. 1 letter i) regulates the drawing up of provisions specifying for each time frame the limit on the number of working hours during which an employed person or a group of employed people may be obliged to work.

Part 8 of the Industrial Relations Act clarifies working times in Fiji. "1 "1. Notwithstanding paragraphs (2) and (3), the working time ( "no overtime") that an employee tied by this agreement may work in one working day shall not exceed 48 working days in any single working time.

2. Where the number of working time ( "no overtime") specified in an agreement of employment to be worked by an employee during a given working day complies with the provisions of paragraph (1), the contracting partners shall determine the number of working day so that such working time is not worked on more than six workingdays in the same working day.

3. If the working time limit laid down in an agreement of employment does not exceed 45 working time per week excluding excessive working time, the Contracting States shall determine the working time per day so that it does not exceed five working day per week. 3.

" Pursuant to section 73(1), this part of the Act does not cover employees in senior or management posts and sub-section (2) precludes an employment agreement between a person who is in the possession of that employee on the basis of particular skills, experiences or other characteristics and does not discriminate against that employee or another employee on the basis of the employee's sex.

Special rules on store opening times were established by the 1964 Ordinance (No II), which was modified in 1965, 1966 and 1975. Max. working time per working hour is 10 without meals. This 10 hour period should be finished within 11 hrs after the start of work.

It was possible on these dates to extend working times until the close of business. Store staff may allow at least 45 minutes for food for people who are busy between 11am and 11am. If you eat outside the store, the lunch break is onehr.

It should be within 11.30-2 o'clock. In the case of a worker engaged in the sales of soft drinks or alcoholic intoxication, the meals must be served outside these times. At any rate, no individual may be engaged for more than six consecutive working days without an intervention period of at least twenty-minute.

There is a prohibition on opening shops on Sunday and bank bank vacation (13 bank vacation are included in the Bank Vacation Act). 102(1)(r) of the Employment Act to regulate the right to paid leave. Part IV of the Employment Regulation, adopted pursuant to this Section 1965 and revised in 1976, provides for leave for one year with the following remuneration.

Rule 12 states that after each year of service with an undertaking, an employed person shall receive 10 working days' leave at the standard wage which he would have been entitled to during that time, provided that the worker loses the right if he is not sick for more than 36 workingdays during that year.

Rule 13 provides, among other things, that the amount paid by the employers to the employees at the end of the work relationship before taking holiday shall be at least five sixth of the daily wage for each closed months of the time. Most of the above system will be retained under Section 59 of the Industrial Relations Act.

"59 (1) After each year of service with an employee, an employee must be granted 10 working days' leave and the salary that the employee would have received for the normal length of his or her work during that year. At the moment, the law on labour relations, which will soon be superseded by the industrial relations law, limits the nocturnal work of these people.

In 1996, 65 of the law was modified to allow the Minister, in agreement with the Labour Council, to adopt an ordinance laying down the requirements for the working of young men and woman in the case of working at nights in an establishment of industry. There are no special rules for disabled employees in the Act on Work, but the Labour Relations Act, if adopted.

Fiji's statistical office estimated the total in 2002 at 835,000. The 1997/98 annual employment survey showed that 74,771 (66.5%) men and 37,748 (33.5%) woman were in employment. 35% of workers and 3% of decision-makers at Member State stage are female. The government expanded the Womens and Culture Division into a single ministerial unit in 1997; all ministries set up priority areas for promoting the emergence of gender-sensitive policy and programs and implementing the ONA.

An inter-ministerial committee for women was set up in 1998. In the following year, an equal opportunities policy was launched by the Civil Service Commission. Part IX of the Employment Act currently provides for motherhood. It provides that a women is eligible for her salary during her holidays for the first two babies and thereafter for a subsidy equal to the amount required.

The general rules of 1993 apply to civil service mothers. Currently, Part VIII of the Act on the Rights of Persons under 18 years of age, as revised, provides for the prevention of the work of minors. Article 63 currently forbids the occupation of minors in an industry company. Paragraph 59 also forbids the occupation of minors under the ages of 12, unless the infant works on a farm belonging to the farm belonging to the immediate vicinity of the school.

Paragraph 70 prohibits the use of children on vessels unless it is attested as suitable for such work by a health care official, although Paragraph 69 makes it clear that work as a trimer or heater on a vessel is not. In 1996, as already mentioned, 65 of the Act was modified to allow the Minister, in agreement with the Working Committee, to adopt an ordinance setting out the terms and Conditions for the work of young people (and women) in the case of working at nights in an establishment of industry.

Pursuant to Section 3 of the Fiji National Training Act, 1973 as revised in 2002, one of the admission criteria for a particular profession or profession is that an trainee must reach the seeming 15 years of life. In addition, Section 4 of the Act stipulates that the terms must be included in every trainee arrangement.

It states in particular that the company must provide the trainee in accordance with the apprenticeship guidelines, provide the trainee with the necessary equipment for the work, all the necessary text books and drafting equipment and do not impose or allow any working time that would make it necessary for the trainee to be away from work for one working hour, one working hour or one working hour at a time.

a) the name of the worker and the Fiji National Provident Fund member number; (b) the kind of occupation or workplace class; (c) the day or hourly working at regular salary levels; (d) the salary level; (e) the kind of duration of salary; (g) (i) the employee's overall income; Currently, Fiji requires sectoral min. salaries as an ordinance on salaries.

Salaries and working conditions under these regulations are advised by the pay councils, which currently apply to 10 sectors. A number of observers believe that the relatively low pay scales set by the Council on Salaries have a direct effect on the level of livelihood and dignified work in Fiji. In Fiji there is a training programme within the framework of the Fiji National Training Council.

Workers' Relations Act repeals the Labour Relations Act, which was modified until 1978. In 1998, the Law on Workers' Status was passed to provide for the acknowledgement of workers by workers. This law defines the acknowledgement of a labour organisation as the acknowledgement of a labour organisation by an organisation for the purposes of wage-setting.

Trades union organisations must have more than 50% of the workforce in a company. According to 14, any strike or lockout resulting from a disagreement over acknowledgement may be outlawed. The Industrial Relations Act also repeals this law. Section 14 of the law concerns the registering of trades union organisations.

According to the wording of 119, paragraph 1, all participating organisations must be recorded; according to paragraph 2, an entry request must be made in the required format and must be initialled by more than six members of the requesting organisation. Section 130 of the proposal and Annex 5 contain particulars to be incorporated into the regulations of the organisations, together with the objectives for which the organisation was set up.

Paragraph 127 (1) of the Act specifies the conditions for being elected to hold a position, which includes (a) the need to have worked for at least six consecutive month in an industrial sector, business or profession in which the club is directly involved; and (b) not to have worked as a shop steward or in any function for another shop stewardship organisation.

Subpart (2), however, states that the posts of Registrar and Administrator of a registred labour force may be held by a non-trades, business or profession directly affecting the latter; and Subpart (3) limits a sentenced individual to 6 months' prison or more than 3 years from the date of sentencing as an official of a registred labour force under a writing act for an act of indecency, morality oriolence.

Articles 120 and 125 authorise the Registrar to either record an applying for registration of a labour organization or to deny its registration within a certain period, stating the grounds. Chapter 128 gives the Registrar the authority to audit the union's accounts at any given moment. According to the wording of 139, a party who has been harmed by a ruling of the Registrar under this Part may lodge an appellate action with the Labour Court within 30 working day of the date of the ruling.

Paragraph 22 on the right to organise prohibits interfering by the employer by making it a precondition for work that an worker is not or does not become a member of an industry grouping. The Fiji Employers' Federation (FEF) represents employees in practical terms and the Fiji Trade Union Congress represents them.

A confederation of trade unions in the state sector is part of the FTUC and consists of the Fiji National Service Association, the Fiji Teachers' Union and the Fiji Nurses Association. Twenty one member organizations constituted the initial FECA in 1960, and in early 2004 there were 236 companies enrolled as members of the FEF, from the smallest privately owned firm to the biggest publicly owned corporation, as well as municipal agencies and corporations that represented 36,248 people.

Every organization that is an Fiji National Provident Fund (FNPF) member can request FEF to become an acronym. The members of the association are involved in the entire spectrum of commercial activity, as well as many of the tasks of the government agencies and legal entities.

Promoting free enterprise and Fiji's free enterprise and free economy; (2) providing a platform for domestic, two-part and trilateral consulting and information exchange; (3) promoting cooperation between Fiji's many sectors, companies and business operations and with the various legal organizations; (4) promoting and accepting the idea that the cooperation and consulting of the employer is essential for Fiji's further expansion;

Acknowledging that, although each member is self-reliant and self-sufficient from other members, there is interdependence between employer to act together for the public good of all in Fiji; and (6) promoting the recognition that the further increase in job opportunity in Fiji can only be supported by the preservation and further expansion of a vibrant and viable personal and professional world.

Section 16 of the Industrial Relations Act fosters and fosters wage negotiations. It is noteworthy that paragraph 149, which states that both the labour and employers are obliged to negotiate a wage contract. Fiji's salaries are mainly set by wage contracts. Where there are no wage contracts (mostly due to the lack of labour unions), salaries are set by wage regulations issued by the Minister of Labour on the advice of the Wage Councils.

Industrial Relations Act will simplify arbitration, brokering and court proceedings for the settlement of industrial conflicts by establishing an institutionalized arbitration, an industrial relations court and an industrial relations court. Section 17 of the Act addresses labor conflicts. A disputant employers or unions may notify the CEO for Labor in a written and mandatory way.

In the event that he is approved by the officer, he must (a) direct the labour conflict to the court if it concerns the execution, implementation or functioning of an industrial agreement (litigation); or (b) in any other case, direct the labour conflict to the mediation service (dispute of interest). a) aviation; (b) emergency services; (c) ATM services; (d) banking services; (e) civil aviation telecommunications services; (f) customs services; (g) electricity services; (h) emergency services in periods of domestic disasters; (i) fire services; (j) health services;

v ) supplying and distributing fuels, gasoline, oil, electricity and lighting necessary for the provision of the above mentioned utilities; (w) telecommunications and telegraphs; (x) transport facilities necessary for the provision of the operations of the services referred to in para (r); (y) vault security facilities of the Reserve Bank of Fiji; and (z) watersupplies.

The wording of paragraph 186(1) states that "If a strikes is considered by a labour organization with regard to employees in or under the supervision of an integral part of a significant ministry in connection with a disagreement between the employees and their employers, the labour organization must (a) hold a clandestine vote in accordance with paragraph 175; and (b) send a copy to the chairman of the board in written form at least 28 working nights before the strikes.

Pending the adoption of the draft law, the 1973 Commercial Litigation Act, as modified, provides for the resolution of commercial litigation and the resolution of labor relationships. Paragraph 2 specifies a "trade dispute" as "any disagreement or distinction between an employer and an employee or between an employee and an employee or between an employee and any government agency or institution associated with the employee's relationship or working condition.

" Part 4 of the Act regulates the process for settling industrial conflicts. A worker who claims a disagreement shall notify the Permanent Minister of Labor who either accepts or rejects the right to a disagreement; shall notify the party that the disagreement is not a commercial disagreement; shall return the issue to the party with a proposal to resolve the disagreement through negotiation; shall nominate a party to arbitrate and arbitrate the disagreement; shall take action to arbitrate; shall have the disagreement investigated by an inde -pendent party; and shall submit a statement to the Minister who shall then, as he deems appropriate, then investigate the disagreement.

Litigation may then be referred to the arbitral tribunal, whose decision is final for all litigants and can only be appealed before the High Court by way of a court of law examination. The 1992 Regulation amending the Trade Controversies Regulation also allows a three-member Litigation Settlement Committee to be established to rule on the design, implementation or enforcement of trade unions contracts or any conflict of interest other than conflicts of interest (Section 3).

A Board of Appeal shall be established for the civil service in accordance with 13 of the Civil Service Code; any ruling of the Board may be appealed to the General Court. The annual report of the Ministry of Labour as of 31 December 2003 states that 172 commercial litigations were filed (and 26 transferred from 2002) in 2003.

Strikes were also announced by three trade unionists from the government sector: Fidschi and the Fidschi Nursing Association against the 2003 Log of Claims on the Cost of Living Adjustment (COLA) Commission and performance improvements. Department of Labour, Industrial Relations and Productivity:

Yearly report as of 31 December 2003, Fiji Parliament: Parliament paper No. 16 of 2004, Promotion of work excelence in Fiji. Chand, G.: The Labor Markets and Labor Law in Fiji; Fiji Institute of Applied Studies, Lautoka, for the Departement of Economics, University of the South Pacific, Suva, May 2006.

CERD: Swiss Confederation of Labour, 21 March 2003: 18; CEDAW Swiss Confederation of Labour, 2002: 2 International Labour Conference, Ninety-fiveth Session, Geneva, 2006, Preliminary Survey No 22/3. 4 Der Autor ist den Informationen zu diesem Teil, die im "Report on Aspects of DISIGRATION in EMPLACEMENT and EMPLACEMENT in Fiji" von Frau C. L. Mere Pulea, Institute of Justice and Applied Legal Studies, University of the South Pacific, 2003, enthalten sind, verpflichtet.

Fiji Human Rights Commission: Annual Review 2001; page 29. National Action Plan for Women, 1999-2008, Volume 2 6 See also Fiji's first Fiji to the UN Committee on the Rights of the Child (CRC/C/28/Add. 7) of 24 September 1996.