Recently, the Azerbaijan Trade Union Confederation (ATUC) has received numerous appeals regarding the recruitment of workers in the country’s abnormally hot weather.
In this regard, we would like to inform you that according to the Labor Code and Annex 2 to it, the temperature exceeds +41 degrees Celsius (before 2009 it was 45 degrees Celsius) in open air and indoor buildings, rooms and other places without cooling devices. All work in the workplace should be stopped and workers should be given breaks to allow them to cool off.
Breaks are included in working hours, and during these breaks the salary is paid according to the tariff salary of employees.
In case of termination of work, idle time shall be paid not less than two-thirds of the tariff salary in accordance with Article 169 of the Labor Code, as idle time not due to the fault of the employee.
When production is continuous, it is impossible to stop work at the enterprise. In this case, with the consent of the trade union, the employer must determine the alternating queues.
Suspension of work, granting breaks to employees, the number and duration of breaks are determined by a joint decision of the employer and the trade union organization.
According to Article 222 of the Code, rooms must be prepared by the employer for outdoor workers to rest during breaks during the hot season.
In order to ensure labor protection, Article 234 of the Labor Code stipulates that an employee may be transferred to another job in the event of termination of employment in hot weather. In such cases, if an employee is transferred from his / her position to a lower paid job, his / her salary for the previous position (profession) must be retained.
When concluding an employment contract, the contract must specify the obligation of the employer to ensure that the employee works in a healthy and safe working environment. That is why a special paragraph on the conditions of working conditions has been allocated in the “Model form of employment contract” attached to the 1st Annex to the Labor Code. Paragraph 4.9 of this paragraph states that in order to ensure the health and safety of workers, workplaces and working conditions that meet sanitary and hygienic standards are created. Employers who do not comply with this are subject to administrative liability in accordance with the requirements of the Code of Administrative Offenses.
According to Article 209 of the Labor Code, the provision of labor protection by public authorities, owners, employers and employees is based on 15 principles. One of them is the principle of “prioritizing the life and health of the employee over the results of the production activities of the enterprise.”
Based on this principle, the Azerbaijan Trade Union Confederation, as an organization protecting the labor, socio-economic rights and legitimate interests of its members, should take measures to stop work that could endanger the lives and health of workers, to determine the number and duration of breaks. Every year, the republican trade union committees are given a special task to inform the State Labor Inspectorate Service about the employers who are obstructing them. Based on the forecast of the National Hydrometeorology Department due to the hot weather in the country, member organizations were recommended to take preventive measures to prevent sunstroke and heatstroke if the temperature exceeds 41 degrees this year. In order to educate employees and employers, citizens’ inquiries are also answered through the ATUC newspaper Ulfat.