Representation in Labor Relations
Individual labor disputes, violations of collective labor disputes are part of labor relations and makes representation necessary. Provision of judicial solutions of these disputes and protection of interests of the parties is carried out in accordance with the legislation.
Representation in labor relations arises when individuals receive legal services in the event of violations of labor relations (illegal dismissal, non-payment of leave, etc.).
Individuals have the right to be represented by the authorized person in the court of the first instance, appeal, as well as in the supreme court in order to restore their violated rights.
In many cases, employment contracts are terminated unlawfully. Whereas, when terminating a labor contract, the employer has a number of obligations, such as a warning to the employee in advance, and allowing him/her to look for a new job during the working hours.
Individuals who have been dismissed without proper procedures can be reimbursed for their work and paid compensation in accordance with their wages.
Individual labor disputes
According to article 287 of the Labor Code, Individual labor disputes are disagreements between the employer and the employee, based on the terms of the employment contract, the collective contract which are solved based on the principles of the rule of law.
In other words, an individual labor dispute occurred between an employer and a person who has a labor relationship with him or her and has applied for employment.
If individual labor disputes are not resolved in accordance with the agreement between the parties or the legislation, it may be resolved by a written request of the interested party to the competent authority that has the right to review the dispute. According to the labor legislation, individual labor disputes are, in certain circumstances, handled by an organization created by a trade union that reviews individual labor disputes before courts.
It can be concluded that the subject of this legal relationship is the employer, the employee claiming the violation of labor rights, or employee’s representative, the body that handles individual labor disputes before the court.
Here the right of appeal to the authorities, which have the power to appeal disputes for restoring violated rights of the employee or the employer, and these bodies have the duty to accept this appeal and to review it in the manner prescribed by law.
The subject of individual labor disputes
The relations which are the subject of individual labor disputes are specified in Article 288 of the Labor Code. These include termination or change of the terms of the labor contract, determination of the labor rates, as well as the size of the employee's job, change of the workplace provided for in the labor contract, change of work conditions and determination, calculation or payment of wages and other payments, belonging to them.
Deductions from wages and other payments, the exercise of leave rights, disciplinary action, organization and provision of labor protection, determination and compensation of the amount of material or moral damage caused to the employee by the employer and the subject of individual labor disputes in the payment and other relations.
Collective labor disputes
Labor disputes are divided into two categories, individual and collective. Collective labor disputes are accompanied by collective differences of opinion. Article 3 of the Labor Code defines collective labor disputes as a disagreement arising from collective demands.
According to Article 36 of the Constitution of the Republic of Azerbaijan, individual and collective labor disputes are resolved in the manner prescribed by law. Conciliation commission, mediator and labor arbitration can be used in order to resolve collective labor disputes.
Representatives of the parties, conciliation commission, mediator, labor arbitration are obliged to use all opportunities for quick and just settlement of collective labor disputes.
Trade Unions, according to the Law of the Republic of Azerbaijan “On Trade Unions”, are individuals voluntarily united on the basis of individual membership in the workplace, professions, industries and at the national level for the protection of labor, social, economic rights and legal interests of workers engaged in the production or non-production areas, as well as pensioners and students and is an independent public, non-political organization.
Trade unions are not dependent on state bodies, businesses, political parties, and public associations and do not report to them. Trade unions have the right to protect the labor rights of their members.
Article 11 of the Law on Trade Unions states: “At the initiative of the employer, as a result of optimization of production, improvement of labor organization, liquidation of the enterprise, dismissal of employees due to reduction of staff, a notice for termination of a union employee should be provided to the relevant trade union bodies three months in advance, except in cases provided by the Labor Code of the Republic of Azerbaijan.
Legal services related to labor relations
One of the main services we provide to employees is to start lawsuits against labor disputes or to provide legal protection in court for violations of labor law. Legal Store is the first address you should apply when you are faced with labor disputes.