LexInfoSys (University of Bremen)
legislative acts are available from this source
Baku, 29 September 1992
of the Azerbaijan Republic
present Law aims at the provision of employees right for labour protection,
establishes uniform order of labour protection measures and spreads to
all ministries, departments, corporations, concerns, associations, enterprises,
organisations, co-operatives, collective and soviet farms, farms and other
economic management bodies, independently of subordination, form of property
and economic activity
1. General provisions
1. Definition of labour protection
protection represents a system of social-economic, organisational, technical,
sanitary-hygienic and sanitary-medical arrangements and means, providing
safety, protection of health and labour capacity of person during labour
activity, based on corresponding legislative and other normative acts.
2. Right of labour protection
of the Azerbaijan Republic and foreign citizens have the right of labour
protection, safety of their life and health in the process of labour activity
on the whole republic territory.
3. Labour protection legislation
protection legislation includes Constitution of the Azerbaijan Republic,
Constitution of the Nakhchivan Autonomous Republic, present Law, other
legislative acts of the Azerbaijan Republic, Nakhchivan Republic and normative
acts adopted in accordance with the international normative-legal acts
and international treaties, ratified by the Azerbaijan Republic.
established by other legislative acts, ensuring employees' rights of labour
protection, are to be not less than the same guarantees, specified by the
present Law. Acts, contradicting present Law, are considered void. Labour
protection laws, standards, norms, rules, instructions are obligatory to
all enterprises and organisations, their officials, employers and employees.
4. Operation of labour protection legislation
of labour protection legislation spreads to all employees, having labour
relations with enterprises, institutions and organisations of different
property forms and economy, including separate employers; co-operative
members, students of colleges of higher education, special secondary schools,
vocational schools, secondary schools, having their working tests, military
men, attracted for work at enterprises, persons, having been punished by
court to work in reformatory labour institutions, as well as participants
of other kinds of labour activity, organised in the interests of state
5. General principles of state policy in the field of labour protection
Azerbaijan Republic in the person of its administration authorities with
participation of trade unions and other representation organisations of
labourers and enterprises elaborates, fulfils, periodically reconsiders
state policy in the field of labour protection on the basis of:
unity of actions of all legislative, executive authorities, controlling
administrative bodies, ministries, departments, services, local self-governing
bodies, enterprises and organisations, directed at the improvement of labour
conditions and safety, prevention of accidents and occupational diseases;
priority of employee's life and health in relation to results of enterprise
co-ordination of labour protection activity with other directions of economic
and social policy, environmental activity;
establishment of common labour protection requirements for all enterprises
and organisations, independently of the form of property and economic activity;
establishment of independent and efficient control over execution of labour
protection requirements at all enterprises and organisations;
wide use of achievements of science and technique, experience in labour
protection, including foreign experience, to stimulate elaboration and
inculcation of safe technique and technology, employees protecting means;
pursuance of tax policy, furthering creation of healthy and safe labour
conditions at enterprises and organisations;
state participation in labour protection financing;
free of charge provision of employees with special uniform and boots, other
individual protective means, sanitary-medical catering;
preparation of labour protection specialists in colleges of higher education
and special secondary schools;
obligatory consideration, account and analysis of each accident during
production process , occupational diseases and using it as a basis for
information of population about levels of production traumatism and occupational
social protection of interests of workers, injured at the job place or
got occupational disease;
full support of activity of trade unions, other public organisations, enterprises
and separate persons, aimed at the ensuring of labour protection;
international co-operation during solution of labour protection issues.
6. Participation of public organisations in the elaboration and making
of decisions about labour protection issues
specialists, citizens can create public organisations to solve labour protection
problems within the framework of the legislation of the Azerbaijan Republic
about public organisations.
economic administrative bodies, control authorities and enterprises render
full assistance and support to these organisations and take their decisions
and recommendations into account during elaboration and adoption of resolutions
about labour protection issues.
7. Labour protection at the implementation of international treaties and
and citizens of the Azerbaijan Republic fulfilling works abroad on the
basis of international treaties or agreements apply requirements to labour
protection fixed by them, unless otherwise specified.
of regulation of relations in the sphere of labour protection for foreign
citizens, working at the enterprises of the Azerbaijan Republic, are established
on the basis of the agreement between interested parties.
II. Organisational-technical and financial provision of labour protection
8. State control over labour protection
control over labour protection is carried out by the Cabinet of Ministers
of the Azerbaijan Republic, Cabinet of Ministers of the Nakhchivan Autonomous
Republic, local authorities and specially authorised state bodies in accordance
with the legislation of the Azerbaijan Republic.
government of the Azerbaijan Republic:
elaborates and pursues state policy in the sphere of labour protection,
determines obligations of ministries, departments, concerns, associations,
corporations, enterprises, organisations, co-operatives, local self-governing
bodies and other authorities engaged in the improvement of labour conditions
and ensuring of labour protection, co-ordinates and controls their activity
on the provision of healthy and safe labour conditions;
elaborates programmes of labour conditions and safety improvement and organises
their implementation with participation of trade unions and other representative
organisations of employees;
adopts provisions about special state bodies and inspection authorities
on the control over observance of legislation about labour protection;
fixes state orders of enterprises for the production of labour protection
means, makes decisions about creation of enterprises, including joint ventures,
concerns, scientific-technical complexes, firms etc., with the aim of development
and creation of these means;
organises and co-ordinates scientific-investigation work, elaborates and
implements national labour protection policy, determines the order and
conditions of financing of these works;
provides training of specialists in labour protection;
establishes common state statistical accountability on labour protection
for all enterprises;
grants through authorised bodies licenses (permissions) ensuring the right
of development, fabrication, assembly and use of equipment for potentially
dangerous production, explosive works in the economic branches of the Azerbaijan
9. Authorities of ministries, departments, state concerns, associations
and corporations of the Azerbaijan Republic
departments, state concerns and corporation:
determine general directions of state labour protection policy on branch
level and take planned measures with participation of branch trade unions
and other representative workers' organisations;
elaborate branch standards, norms, rules, instructions and other normative
acts of labour protection, conduct expertise of construction units and
reconstruction of production value units, new technological processes and
equipment in respect to their correspondence to standards of safety, rules
and norms of labour protection and hygiene;
organise training and checking of knowledge of officials, specialists of
enterprises on labour protection rules and norms;
carry out internal departmental control over state of labour protection
in the established order;
organise fabrication of devices, protective means, providing labour protection
at departmental enterprises.
10. Authorities of executive bodies
ensure implementation of state labour protection policy on the controlled
carry out control over observance of labour protection legislation by the
administrative structures and officials of enterprises, take necessary
measures to them in the legally specified order;
set up labour protection purpose fund at the expense of sharing participation
of enterprises and other means to solve regional problems and render assistance
to enterprises in the ensuring of labour protection in case of necessity;
11. Duties of enterprises administration
administration of enterprises, owner or administration body authorised
by him, are to provide at the enterprise:
observance of all standards, norms and rules of labour protection;
safety of buildings, constructions, technological processes and equipment;
determination of obligations and responsibilities of managers and officials
in labour protection issues;
putting of sanitary-hygienic conditions and labour protection in conformity
with current normative at each working place;
free of charge sanitary-medical catering according to confirmed list of
employees of enterprises with extremely unfavourable labour conditions;
organisation of necessary sanitary and medical service of employees;
observance of optimum labour and rest regimes;
free of charge provision of employees with the uniform, boots and other
individual protection means in the assortment required and terms fixed;
instruction, training of employees and checking of their knowledge of labour
protection rules and norms, propaganda of labour protection;
fulfilling of liabilities, specified by the collective contract(agreement);
submittal of statistic report about labour protection conditions and results
of work on putting them in conformity with current normative in the form,
specified by statistical authorities in co-operation with trade unions;
12. Duties of employees
of employees, enterprises and organisations include:
to study, master and follow requirements of labour protection, labour hygiene
and fire prevention, specified by corresponding normative acts about labour
to come to work in working condition so that not to be harmful either for
oneself or to other employees;
work in provided uniform and boots, use individual and collective protection
means, specified by technological process, labour protection norms, rules
timely inform representatives of administration about infringements of
labour protection rules, as well as accidents.
13. Ensuring of labour protection requirements during design, construction,
use of enterprises and units
construction and reconstruction of production premises and buildings, development
and output of production means, inculcation of technologies, including
technologies purchased abroad, not meeting the requirements of standards,
rules and norms of labour protection, effective in the Azerbaijan Republic,
is not permissible. Projects of enterprises and production means are subject
to state expertise, whereas samples of production means - to state tests
for their conformity with labour protection requirements.
the demand of local authorities, state control bodies, trade unions, the
customer or executor are bound to organise at their own expense conducting
of independent expertise with attraction of corresponding organisations
and specialists with the aim of determination of project (sample) conformity
with the labour protection requirements.
is prohibited to foresee application of dangerous substances, raw materials
and materials, that have not come through toxicological, fire-technical,
sanitary-hygienic, medical-biological expertise, other evaluations of their
impact on human health.
new or reconstructed enterprise, unit, production means cannot be accepted
or put into operation without certificate-passport, issued in the established
of new and reconstructed units of production significance is not permitted
without permission of a state control body, technical labour inspection
at trade unions and trade committee of the enterprise.
work of the enterprise or use of production means, not meeting labour protection
requirements and presenting a threat to the health or life of employees
, are subject to suspension by authorised bodies in the legally applicable
order until their putting in conformity with labour protection requirements.
14. Training of labour protection specialists and instruction of employees
provides training of labour protection specialists in colleges of higher
education. Colleges of higher education and secondary schools are to organise
obligatory study of the course ´labour protectionª with consideration
of peculiarities of corresponding production by students and pupils.
and organisations are to provide system of training and improvement of
labour protection qualification of all employees. The order, terms and
period of training are determined by the administration in co-ordination
with trade committee in accordance with the labour safety legislation currently
employees and specialists of enterprises are to periodically take courses
on qualification improvement in corresponding institutions and check their
knowledge of labour protection rules and norms not less than once three
years after their appointment.
from all forms of education and improvement of employees' qualification
the training of labour protection is to be foreseen.
15. Financing of labour protection measures
of labour protection measures is carried out either by state or at the
expense of enterprises and organisations.
allocations for labour protection, granted within limits corresponding
budgets (republican and local) as a separate line are used for the financing
of scientific-investigation works, implementation of state and regional
purpose programs on labour protection, maintenance of labour safety control
of enterprises annually allots necessary financial and material means for
labour protection measures depending on the conditions and safety of labour,
level of traumatism and diseases.
amount of financing of labour protection measures is determined by the
collective contract (agreement). In this case the amount of annual expenses
is not to be less than two percent interest of means, spent for salaries
of employees of the enterprise.
enterprise is entitled to set up funds of labour protection at the expense
of profit (income), as well as other means.
protection funds can be set up at Republican and local levels. The order
of forming and spending of these funds is determined accordingly by the
Cabinet of Ministers of the Azerbaijan Republic with participation of professional
centre and branch trade unions of the Republic.
are not to bear expenses, connected to financing of labour safety measures.
means directed to the development of healthy and safe labour conditions
are not subject to taxation.
16. Provision of healthy and safe labour conditions at enterprises and
of healthy and safe labour conditions at enterprises and organisations,
organisation of control over dangerous and unfavourable production factors
and timely supply of information to working collectives about results of
control are to be carried out by the administration.
elaborates and fulfils prospect and annual plans of enterprises, directed
for the improvement of labour conditions, provision of labour protection
and protection of employees health.
obligations of the administration and employees on the provision of health
and safe labour conditions are specified by the collective agreement (contract)
at the enterprise.
engaged in production with dangerous labour conditions, as well as in works,
conducted in special thermal conditions and connected with pollution, are
provided free of charge with the uniform, boots and other means of individual
protection, detergents and disinfecting substances in accordance with the
and organisations are bound to periodically conduct attestation of working
places for their conformity with norms and rules of labour protection,
in terms, agreed with the trade union. The working collective is to be
informed about attestation results. According to results of attestation
of working places the administration is to take necessary measures for
putting them into conformity with normative labour protection acts currently
administration is to provide storage, cleaning, drying, disinfection, degasation,
deactivation and repair special uniform and boots, as well as other means
of individual protection, given to employees.
administration of the enterprise is to provide workers of hot shops with
aerated salty water. The shops, where provision with aerated salty water
is organised are to be determined by sanitary control authorities.
administration of enterprises and organisations is bound to equip premises
for heating and rest of employees, working in cold and hot seasons at open
air or in closed unheated premises and hot shops. Employees are to be provided
with special breaks for heating and rest, included into working hours,
in accordance with the legislation.
17. Labour protection services
protection services are organised at ministries, departments, associations,
enterprises and organisations to conduct labour protection works and control
measures over observance of legislation, labour safety norms and rules
protection services (engineers positions are opened) are set up at enterprises
with a number of employees of 50 and more people. These functions are fulfilled
by the heads of enterprises where number of employees is less and such
services do not exist.
case of employees number exceeding 500 people additional position of deputy
head of the enterprise (chief engineer) of labour protection, released
from other duties is opened.
enterprises with the number of employees exceeding 1000 people the position
of labour hygiene physician is set up within the composition of a labour
protection service and industrial-sanitary laboratory is organised.
protection service is organised of persons, having necessary background,
equalised by it status to general services of a ministry, department and
other administrative bodies of the enterprise, organisation and reports
to its head.
of labour protection service are entitled to control the observance of
labour protection norms and rules by all employees, issue orders about
elimination of disclosed infringements obligatory for execution by heads
of structural divisions, as well as inform heads of enterprises and organisations
about holding responsible persons, violating labour protection legislation.
of labour protection service cannot be attracted to conduct works, not
relating to their post duties and bear responsibility for wrong or unqualitative
execution of their duties in the legally specified order.
connected to the re-organisation of labour protection service, are to be
considered by the head of the enterprise in co-ordination with higher economic
authority, state control authority in charge of labour protection legislation
and technical inspections at trade unions.
protection service is to be liquidated only in case of the termination
of enterprise or organisation activity.
18. Provision of enterprise economic incentive in the output of labour
profit of enterprises, scientific-investigation and design organisations,
gained at the expense of foundation of new, output and sale of existing
designs of employees collective and individual protection means, control
devices, production media and dozimetric devices, are subject to easy taxation.
III. Guarantees of realisation of employee's labour protection right
19. Guarantees of labour protection right at the admittance to work
of labour contract are to correspond to the requirements of legislative
and other normative labour protection acts.
administration of the enterprise or organisation is to guarantee provision
of healthy and safe labour conditions during conclusion of labour contract.
the employees admittance to work with a high potential level of occupational
disease the administration of the enterprise or organisation is to warn
him about possible period of appearance of such disease and conclude a
labour contract effective until that period with further provision of another
work at the same salary.
20. Social insurance and personal insurance of employees against accidents
at work and occupational diseases
of enterprises and organisations are subject to obligatory insurance by
the employer in the legally fixed order and terms.
category of persons, working in conditions of increased risk and subject
to obligatory personal insurance by the employer against accidents at work,
amounts of insurance premiums are to be determined by the collective contract
or agreement between the administration of enterprise or organisation and
21. Obligatory medical examination
and organisations are bound to organise preliminary (during conclusion
of labour contracts) and periodical (for a whole period of contract operation)
free of charge medical examinations of employees of a number of professions
and trade unions according to the order, specified by a public health authority.
case of employees' evasion from medical examinations or non-fulfilment
by them of recommendations, given by medical commissions at the results
of conducted investigations, the administration has the right to hold these
employees disciplinary responsible under current legislation or not to
admit them to work.
working place (position) and average salary are retained for the term of
periodical medical examinations.
22. Guarantees of labour protection right in the process of labour activity
administration is bound to inculcate modern labour protection means and
provide sanitary-hygienic labour conditions, preventing production traumatism
and occupational diseases.
case of control bodies finding infringements of labour protection legislation
by the administration the labour contract can be cancelled at the employee's
notice with the payment of service benefit to him.
case of employee's having occupational disease or loss of labour capacity
in connection with accident at work, the administration is to transfer
him to another job on the basis of a medical statement.
23. Labour protection training and instruction of the staff
administration is to conduct labour protection instruction of the new staff,
as well as staff transferred, train safe mode of work fulfilment and rendering
of first medical aid to people, injured as a result of accident.
admitted to work at productions with increased risk or work, requiring
professional skills, are to be trained in labour protection field with
taking of exams and further periodical attestation.
employees of enterprises and organisations, including supervisors, are
bound to come through training, instruction, attestation and have their
knowledge examined in the order and terms, established for their professions
and kinds of work by state control authorities.
of persons, who failed to come through training, instruction, attestation
and have their labour protection knowledge examined, to work is prohibited.
examinations of knowledge can be conducted at the demand of state control
authorities or technical labour inspection at trade unions. Persons, failed
to have their knowledge examined are to be dismissed.
24. Employees' right for information about labour conditions and safety
of enterprises and organisations are entitled to demand information about
labour conditions and safety at working places, availability of due individual
protection means, privileges and compensations.
25. Peculiarities of relations regulation in the field of labour protection
for certain categories of employees
of relations regulation in the filed of labour protection for certain employees
(women, the young, persons with limited labour capacity), as well as employees,
engaged in works accompanied by risk and severe conditions, are fixed by
categories of employees, entitled for privileges and compensations in connection
with risk and severe working conditions, character and amount of such privileges
and compensations are to be determined by the relevant legislative acts.
and organisations are entitled to establish by means of a collective contract
(agreement) additional privileges and commissions to employees in connection
with risk and severe working conditions at the expense of profit.
having been injured (either fully or partially) through the enterprise
or organisation fault, as well members of family of the employees, lost
as a result of accident at work or occupational disease, have the right
for damage compensation in accordance with the present Law and other normative
26. Prohibition of the activity of economic bodies, enterprises, organisations,
officials and employees, not meeting requirements of labour protection
work of enterprises, organisations and their subdivisions, use of production
means, activity of economic bodies, officials and employees, not meeting
requirements of labour protection, creating threat to the employees health
or life , are subject of suspension, until the elimination of infringements,
by authorised control bodies (officials) in the applicable order.
27. Guarantees to employees for forced standing idle or denial to work
in connection with non-provision of safe labour conditions
employees forced standing idle at enterprises and organisations, working
places, not resulted from infringement of labour protection legislation
by them, their working place (position) and salary are retained.
of employee to conduct work in connection with non-provision of safe labour
conditions, creation of treat to health or life is considered grounded
and does not cause any responsibility.
IV. Control over observance of labour protection legislation
28. State control over observance of legislative and other normative acts
of labour protection
control over omni-present observance of legislative and other normative
acts of labour protection is carried out by specially authorised state
bodies, not depending in their activity on the administration of enterprises
and organisations or their higher authorities.
of state control bodies or their authorised representatives within rights
rendered to them are obligatory for execution and can be claimed only in
the established order.
29. Public control over observance of legislative or other normative acts
of labour protection at enterprises and organisations
control over observance of legislative or other normative acts on labour
protection is carried out by working collectives and trade unions in the
person of authorised representatives on labour protection elected by them
at enterprises and organisations.
representative on labour protection is entitled to freely conduct examination
of the situation with labour protection at working places, demand the elimination
of infringements disclosed and in case of necessity raise a question of
holding guilty persons responsible before the administration.
authorised representative is given not less than two hours during working
hours paid in the amount of an average salary.
30. Rights of trade unions on the execution of control over observance
of legislative or other normative labour protection acts
consideration of rights, specified in the ´Law about rights and guarantees
of Azerbaijan trade unions activityª, trade unions participate in
the carrying out of control over the observance of legislative and other
normative acts about labour protection by the administration, set up technical
inspection for this purpose, operating in accordance with the legislation
and provision, adopted by the trade centre of the Republic and co-ordinated
with Cabinet of Ministers of the Republic.
unions participate in the elaboration and co-ordination of normative acts
about labour protection in the applied order, have the right to claim the
putting of acts not co-ordinated with them into effect through corresponding
of trade unions participate in the work of state committees of testing
and approval for commissioning of units and production means, consideration
of accidents at production, conduct examinations of labour protection,
execution of measures for its improvement, specified by collective contracts
(agreements) at enterprises and organisations, and introduce proposals
about elimination of disclosed infringements based on the results of examinations.
case of infringements of labour protection requirements, hiding of accidents
at production by officials, trade unions have the right to appeal state,
economic and law enforcement bodies for holding the guilty persons responsible.
case of direct danger to employees' health or life, trade unions are entitled
to suspend production of machines, mechanisms or other kinds of production
with construction faults of labour protection character, application of
materials, technical and technological means, affecting human health, as
well as works and action of decisions, adopted by the administration, which
contradict labour protection legislation. Claims of the administration
in connection with such actions of trade unions are to be considered by
their own initiative or statement of employees trade unions can appeal
to court with claims about protection of their rights for the compensation
of damages, incurred by injury or another damage to health in connection
with the fulfilment of working duties or in other cases damaging employees'
labour protection right.
V. Responsibility for infringement of legislative and other normative labour
31. Material liability of enterprises and organisations for non-provision
of healthy and safe labour conditions
case of administration of enterprises and organisations failing to take
effective measures for the provision of healthy and safe labour conditions
, non-fulfilment of collective contracts, plans and other measures of labour
conditions and safety improvement the government of the Azerbaijan Republic
establishes increased tariffs of deductions from these enterprises and
organisations for social insurance of employees at the conclusions of expertise
of labour conditions or at the presentation of trade unions.
and organisations guilty of (fully or partially) the accident at production
or occupational disease, are to compensate the employee with the damage
incurred by the injury or another health damage, as well as pay full cost
of his treatment to medical institutions and fully compensate social insurance
bodies with expenses connected with the payment of pension and other benefits
to such employee in the legally applied order.
32. Material liability of enterprises and organisations in cases of constant
loss of labour capacity or death of employee as a result of an accident
or occupational disease at the production
and organisations bear material liability before persons, having been injured
or died as a result of accidents or occupational diseases at the production,
that took place during execution of working duties by them.
and organisations guilty of damage, incurred to health are to recompense
those injured at production as a result of accident or occupational disease
or members of the families of people, died, in the form of single benefits,
monthly payments, as well as payment of additional expenses.
order, terms and amount of single, monthly compensations, as well as compensation
of additional expenses to the people injured as a result of accidents or
occupational diseases or members of theirs families are to be fixed by
the rules, confirmed by the Cabinet of Ministers of the Azerbaijan Republic.
amount of single compensations is not to be less than the average annual
salary of the injured.
amounts of damage compensation, as well as compensation of additional expenses
are subject to indexation in the legally specified order.
33. Economic liability of enterprises and organisations for the output
and sale of production value goods, not meeting labour protection requirements
and organisations, outputting and supplying production value goods, not
meeting labour protection requirements are to compensate damage to consumers
in the order and terms, specified by the Republic legislation.
sale and advertising of production means, means of individual and collective
protection, including those purchased abroad, that do not meet established
requirements of standards, norms and rules of labour safety are considered
illegal. The profit gained by the enterprise or organisation as a result
of such activity is subject to confiscation into republican or local budget.
34. Liability of officials for the infringement of legislative or other
normative acts of labour protection
guilty of infringement of legislative and other normative acts of labour
protection or interfering with the activity of representatives of state
and public control bodies (including technical labour inspection at trade
unions), are drawn to administrative, disciplinary, material or criminal
responsibility in the order, specified by the Republican legislation.
35. Employees responsibility for the infringement of normative acts of
of enterprises and organisations bear disciplinary, material and criminal
responsibility, specified by the legislation for the infringement of legislative
and other normative labour protection acts.
of the Azerbaijan Republic
September 29, 1992