As we have reported, the Azerbaijan Trade Union Confederation (AHIK) has recommended that, based on Article 233 of the Labor Code, if the temperature of the air temperature exceeds 41 degrees in the enterprises and organizations serving the member organizations due to the start of the summer season, the suspension of outdoor work should be carried out.
The joint information of the Law, Labor Protection and Press and Public Relations Departments of the ATUC states that the purpose here is to ensure the strengthening of public control of trade unions on giving breaks to workers in open conditions in hot weather, which negatively affects health in workplaces, or stopping work.The 2nd appendix of the Labor Code specifies the air temperature and wind strength, which are considered the basis for giving breaks to workers and stopping work.
As stipulated in the Constitution of the Republic of Azerbaijan, within the framework of the regulation of labor rights, the employer must create working conditions that meet the requirements of labor safety and hygiene. These issues are stipulated in the labor contract and collective agreements, and the control is carried out by trade unions, as well as the fulfillment of the stipulated conditions and ensuring the safety of the employee’s work is one of the main duties of the employer. In addition to social protection of employees, working conditions, working and rest times and other issues, the employee’s rights on labor protection are provided for in the labor contract.
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 air temperature exceeds positive 41 degrees, all types of work are stopped in the open air and in covered buildings, rooms and other workplaces without cooling devices, and breaks are given to allow employees to cool down.
According to part 4 of Article 233 of the Labor Code, breaks are included in working time, and wages during these breaks are paid according to the employees’ tariff salary. If deviations from the norms established by the Labor Code are observed in the wage payment system during breaks and work stoppages in cold and hot weather, then the parties can apply to labor protection control bodies, 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 implementation of control over the employer’s compliance with labor protection rules and relevant regulatory legal acts within the scope of their rights.