As reported, the Azerbaijan Trade Union Confederation (ATUC), based on Article 233 of the Labor Code, has recommended public control over the suspension of outdoor work if the temperature exceeds 41 degrees in enterprises and organizations included in the services of member organizations in connection with the beginning of the summer season. A joint statement by the ATUC’s Legal, Occupational Safety and Media and Public Relations Departments stated that the aim was to strengthen public control over trade unions by providing regular breaks or suspension of work in open-air workplaces in hot weather, which adversely affects health at work. Annex 2 to the Labor Code specifies the air temperature and wind strength, which are the main reasons for giving workers breaks and stopping work.
As provided for in the Constitution of the Republic of Azerbaijan, within the framework of labor rights regulation, the employer must create working conditions that meet the requirements of occupational safety and health. Employment contracts and collective agreements address these issues and are overseen by trade unions, and compliance with the conditions and safety of the employee is one of the main responsibilities of the employer.
In addition to social protection, working conditions, working and rest time and other issues, the employment contract also provides for the rights of the employee for labor protection.
The issues of ensuring labor safety and protection, creating healthy and favorable working conditions are mentioned in Section IX of the Labor Code of the Republic of Azerbaijan.
It should be noted that if the temperature exceeds 41 degrees, all work in the open air and in covered buildings, rooms and other workplaces without cooling devices will be suspended and employees will be given breaks to cool down. According to Part 4 of Article 233 of the Labor Code, breaks are included in working hours, and during these breaks salaries are paid according to the tariff salary of employees. In case of deviations from the norms established by the Labor Code in the system of payment of wages during breaks and suspension of work in cold and hot weather, the parties may apply to the bodies supervising labor protection, trade unions or the court.
According to Article 236 of the Labor Code and Article 13 of the Law of the Republic of Azerbaijan “On Trade Unions”, trade unions participate in the control of the employer’s compliance with the rules of labor protection and relevant regulations within the scope of their rights.