18 March 2018





Charter of the Union



Approved in the 15th Conference of the Republican

Committee of the Independent Trade Union of Azerbaijan

Education Employees on December 6, 2005

(5th edition)

1.1. Independent Trade Union of Azerbaijan Education Employees (hereinafter to be referred to as ‘the Union’) is the countrywide union of trade union organizations founded on job, profession, area, and field bases to defend the labour, social and economic rights and legal interests of its members.
1.2. Voluntariness, equality of members and transparency are fundamental principles underlying the activities of the Union.
1.3. The Union is an independent, non-commercial and non-political organization which does not consider making profits to be main purpose of its operation and does not divide the profits among its members.
1.4. The Union sets up its operation in accordance with the Constitution of the Republic of Azerbaijan and other legislative acts, the international conventions joined by Azerbaijan, this Charter and agreements made by the trade union.
1.5. The Union is part of the trade union movement, member of Azerbaijan Trade Unions Confederation and recognizes its Charter.
1.6. In its operation, the Union is independent from state-run and financial bodies, entrepreneurs and their unions, public or political organizations, is not accountable before them and is not supervised by them.
1.7. The registered legal address of the Union is 3 Ganjlar square, Baku, Azerbaijan.
1.8. The Union was registered by the Ministry of Justice of the Republic of Azerbaijan on June 10, 1992, with registration No 186.




2.1. The objective of the Union is to ensure the protection of labour, social, economic rights, and legal interests of students, postgraduates, the employees (hereinafter to be referred as ‘education employees’) of the public and private institutions, organizations, higher, high and vocational educational institutions operating within the frames of the education system of the country.
2.2. Main duties of the Union:
- appeal to corresponding legislative, executive and judicial authorities to claim legislative acts, resolutions and instructions of state bodies, contradicting education employees’ interests and rights of the trade union;
- make proposals to improve labour and housing conditions, and healthcare of the education employees;
- foster implementation of public policy on employment;
- conduct collective negotiations, put forward proposals before the employers and executive authorities to defend the labour and socio-economic rights of its members and appeal to court;
- reach agreements with employers and executive authorities on fields; conclude collective field agreements and monitor observance of the labour law;
- foster settlement of individual labour disputes in frames of legislation; participate in the hearing of collective labour disputes;
- pay care to strengthening the health of its members and assist them in ensuring their pension security, arrange sanatorium and spa treatment and rest cures;
- build relations with relevant trade unions of foreign countries, ensure exchange of experience and information, provide the union members with the information about the activities of the nationwide trade unions movement;
- defend the legal rights and interests of its members in state-run bodies, the organizations of employers, public and political organizations;
- assist in implementation of public monitoring on the elimination of ecological facts with hazardous affects on the environment and health, provision of its members with healthy and safe working conditions;
- pay care to strengthening of the health of its members, make proposals on effective use of social insurance, contribute to development of the medical insurance, sanatorium and spa treatment, rest cures, tourism, physical training and sport;
- strengthen and improve the solidarity of the trade unions, provide members with free advice on labour, social and other relevant issues, and grant financial aid;
- fulfil the decisions of the Azerbaijan Trade Unions Confederation in frames of the legislation and the Confederation’s charter;
- participate in preparation and discussion of the labour, vocational, social and development programs for employees and studying youths.




3.1. The Union has the following rights:
- sign acts on its own behalf, to obtain property and personal non-property rights, carry out tasks and to appear before court as a plaintiff or defendant;
- cooperate with local or international trade unions or enter into international trade union organizations maintaining its organizational and financial independence;
- open bank accounts and carry out settlements;
- have its own independent records, stamp and other requisites;
- engage in entrepreneurial activity not banned by legislation and meeting the objectives of the charter;
- freely use its financial funds and other properties;
- prepare and approve an Action Plan in line with its Charter;
- determine its structures, elect the leadership and managing bodies, organize its activity, hold meetings, conferences and congresses;
- participate in preparation of legislative acts on labour, social and economic issues;
- use other rights set out by the legislation of the Azerbaijan Republic;




4.1. The Union builds its operation and relations with the organizations in its structure based on the following principles;
- the voluntariness of the membership;
- the equality of members;
- methodical management of the initial, vocational and united trade unions that are its members, and coordination of their activities;
- consolidation of the influence of the unions, development of mutual assistance and solidarity in implementation of the goals and duties of the Union member organizations and their elective offices;
- electiveness of all trade union offices;
- personal responsibility of those who are elected to the trade union offices; accountability of elective offices before the higher governing bodies;
- enhancement of the proficiency of the trade union personnel;
- collective nature of the work of the elective offices, personal responsibility for implementation of decisions and tasks;
- respect to the opinion of every member, freedom of discussing and solidarity in discussions;
- rule of law and charter requirements at decision-making process;
- mandatory implementation of the decisions of higher offices for lower offices;




5.1. The Union is organized on the basis of the principles of profession, territory and field.
5.2. United trade union committees of  region or city are established at the initiative of the initial trade union organizations located in the same territorial unit (city, region), or the higher trade union authorities in necessary cases. Regional and city organizations form the nationwide territorial union of the trade unions. 
5.3. The trade union organization is considered to be the principal work place of the persons elected as chairmen of the united trade union committees and they are freed from the pre-election posts;
5.4. The elections to the governing bodies are held through secret ballot. Under a relevant decision, open voting can be applied. The rules of election of representatives to the conference and congress are the same; 
5.5. The rule for election of leaders of the governing bodies is determined by an assembly, conference or congress. The elections to the leading posts are held, as a rule, on the alternative basis;
5.6. Early withdrawal or election of managing bodies can be implemented through the requirements of one-third of members;
5.7. The elective body of the trade union can be early-released from the membership; and the leaders of the initial, region and city trade union organizations can be early-released from their posts. For this, a relevant decision is adopted under the simple majority of votes of the participants in the assembly, conference or congress.
5.8. All assemblies or presidium are only considered valid if two-thirds of the members, authorized representatives are in attendance. The conferences and congresses are not considered valid when less than two-thirds of the representatives are in attendance.
5.9. The members of the elective offices of the trade union, when lost contact with these offices due to change of job of permanent residence, are freed from the Union under the simple majority of votes in open voting.
5.10. The decisions of the conferences, congresses and elective offices are passed under the quorum and simple majority of votes of the attendees; the exceptions set out in this charter shall be taken into consideration;
5.11. With the goal to fulfil the set duties, the trade union bodies create permanent and temporary commissions and determine their authorities. To ensure the operation of elective trade union offices, an apparatus subordinate to the relevant trade union body is built.
5.12. The united trade union committees determine the units of staff with the consent of the Republic Committee.




6.1. Any person studying, employed or retired from educational institutions or organizations irrespective of their property form, recognizing its Charter, participating in the activities of the initial trade union and paying membership fee can become a member of the trade union.
6.2. The admission into membership is implemented by the initial trade union on the basis of application and principle of voluntariness.
6.3. Admission or suspension of membership in individual manner is implemented on the basis of written application. The decision on admission or suspension of membership with the initial trade union is passed in the assembly of the initial trade union.
6.4. The decision is considered to be valid, if more than half of the trade union members attending the assembly vote for it (quorum shall be considered).
6.5. Length of membership begins from the date the decision is issued. The person admitted into membership is provided with membership card.
6.6. The members are registered in the initial trade union organization of their primary employment or education site. The membership of the employees moving to a new job from an institution, agency or organization, the employees of which come together in other field trade unions, is maintained.
6.7. Membership is also maintained  in the following cases:
 - temporary exemption from job with regard to caretaking for underage children;
 - temporary unemployment;
 - conscription to military service;
 - applying to maintain membership at the time of retirement due to health or age;
6.8. The members have the following rights:
- to demand the trade union bodies to defend their rights in case of: legal violations at the time of admission to a job, transfer to another job, dismissal from job, reimbursement of labour, granting vacation, pensions for temporary loss of working ability or age; violation of labour protection rules and norms, housing legislation; violation of rights and interest during termination or bankruptcy of the institution;
- to receive financial aid and free advice from the trade union about legal, economic, labour protection and social insurance issues;
- to enjoy rights and privileges granted by the collective agreement for the labour collective during the period of employment at elective trade union bodies;
- to participate in the activities of the organization, as well as in preparation, discussion and adoption of decisions, implementation of control over the work of trade union committee;
- to nominate candidates or own candidacy, elect or be elected to elective bodies, be elected as a representative to the conference or congress of trade union organizations, campaign for nominated candidates;
- to freely discuss all issues concerning the operation of trade union organizations in assemblies, conferences, meetings of trade union committees, mass media; bring up proposals, alternative projects, to freely express and defend own opinion and; criticize any trade union body or member regardless of their position;
- to attend the meetings where his/her activity or behaviour is in discussion;
- to appeal to any trade union body and require a response to his appeal, get information about the activity of the trade union organizations, and leading trade union bodies;
6.9. The members have the following duties:
- to participate in the operation of relevant trade union organizations, abide by the charter, implement the decisions and tasks of elective trade union bodies, pay monthly membership fee in the determined manner;
- to protect the good name of the trade union, refrain from actions contradicting the requirements of the charter and undermining the trade union, pay a respectful approach to colleagues, keep solidarity with colleagues in case their legal rights are violated by entrepreneurs, employers and managing bodies;
- to abide by the requirements of collective contracts, agreements, internal labour rules;
6.10. The members can be financially or morally encouraged, as well as nominated for award or honorary titles for their active participation in trade union work and atonements in labour;
6.11. The following disciplinary measures can be applied for the failure to implement the requirements of the charter, action aimed at dismantling the trade union, damaging the trade union: warning, reprimand, expulsion from the trade union.
6.12. The decision on applying disciplinary measures is adopted in the general assembly (conference) of the initial trade union organization. The decision is considered to be valid if more than half of the attendees in the general assembly (conference) or the meeting of elective body vote for it and quorum is achieved.
6.13. The decision on suspension of membership or any other disciplinary measure is adopted in the presence of the member in question. The issue can be considered without his/her presence in case he/she refuses to participate without a sanctioned excuse.
6.14. The person expelled from membership has two months to appeal to the higher trade union bodies against the decision. The appeal shall be heard by the trade union body in no later than a month since the date of reception of the application. The higher trade union body can annul the decision on expulsion from the trade union or issuing reprimand, and can restore membership with the trade union.
6.15. The person expelled from the trade union can re-gain the trade union membership on general basis.
6.16. The issue of bringing an elective trade union body member to responsibility can be settled in the meeting of the relevant elective body or the higher trade union body. The initial trade union organization is informed about the adopted decision.
6.17. The person that quits or is expelled from the trade union loses his right to be defended by the trade union and right to use the property and the privileges of trade union. The paid membership fee is not refunded.




7.1. The initial organizations underlie the trade union. Initial trade union-organization is organized with a composition consisting of at least 7 persons studying or employed in an enterprise or organization.
7.2. The issue of creating an initial trade union is settled in the General Assembly of the trade union members. The General Assembly elects the trade union committee composition (trade union organizer) and presents it to the relevant trade union body for registration.
7.3. Initial trade unions solve their organizational structure issues in line with this Charter, determine the primary directions of its activities and issues orders about spending of the funds remained after allocations for the united trade union and Republican Committee based on the estimates plan approved by the general assembly.
7.4. The supreme governing body of the trade union is the assembly (conference).
7.5. The term of the power of the assembly representatives is equal to that of the elected trade union committees. In their relevant meetings, the elective bodies approve the rules to hold the assemblies (conferences) of the organization. The assemblies (conferences) are held twice every five years.
7.6. The following are elected to deal with current affairs:
- trade union bureau in faculties;
- trade union committee in the initial trade union;
- trade union organizer, and deputy, in the unions consisting of less than 15 members;
7.7. The term of power of the elective bodies of initial trade unions is determined by the assembly (conference). This term cannot exceed two years.
7.8. A member of the elective trade union body is early-released by the Assembly (conference) in case at least one-third of the trade union members require.
7.9. The issue of withdrawing a member of a committee or inspection commission in an initial trade union is solved under a two-thirds majority of votes of assembly attendees. The members of a trade union committee and inspection commission are released from the committee and the commission under a two-thirds majority of votes in the assembly of the committee and commission through secret ballot as a rule.
7.10. The higher and high specialized educational institutions are subordinate to the Republican Committee.
7.11. The primary duty of the initial trade unions is to defend the legal rights and interests of their members, which is carried out through open and active discussions of all issues concerning the collective, elaboration and implementation of decisions.
7.12. The trade union committee:
7.12.1. Defends the legal rights and interests of members, organizes public control over settlement of legal and social affairs, builds mutual relations with the leadership and other public organizations;
7.12.2. Nominates its candidates for higher union bodies;
7.12.3. Concludes agreement and contracts with the leadership on behalf of the labour collectives, oversees implementation of the collective agreement or contract;
7.12.4. Hears labour disputes and adopts a decision;
7.12.5. Is present in the composition and work of the reconciliatory commission, organizes mass protests;
7.12.6. Participates in decision-making together with the leadership on the issues concerning the social development, arrangement of labour, labour protection, salary and the stipend security of the studying youths;
7.12.7. Oversees social security of its members, arranges sanatorium and spa treatment, rest cures for them for them, controls the arrangement of medical service provided to members;
7.12.8. Works with members in education, cultural-massive service spheres, improves the literary amateur and technical reactivity, physical training, sport and tourism;
7.12.9. Ensures implementation of the decisions made by the assembly (conference), involves the trade union members in active social works, organizes temporary commissions;
7.12.10. Reports to higher trade union bodies;



8.1. The supreme body or the united trade union organization is the Conference of the region/city trade union, which is summoned at least once every five years. The decision on the summons and agenda for the Conference, as well as the representation quota and selection of representatives for the Conference is determined by the relevant trade union committee. 
8.2. The supreme body of the trade union committees of the higher educational institutions and high specialized educational institutions is the Conference, which is summoned at least twice every five years.
8.3. The Conference hears the report of relevant initial trade unions’ bodies and inspection commissions, approves the authority of their representatives, selects its representatives for field Congresses and for the composition of high trade union body, and discusses other issues concerning the activities of region, city or other areal unions. The authority of the conference representatives is effective for the term of authority of the elective body.
8.4. Commissions of colleagues are created in the united trade union committees to represent and defend the rights and interests of trade union members in relevant enterprises and other organizations.
8.5. United Trade Union Committee:
8.5.1. Provides methodical assistance to foster operation of initial trade unions and assists in exercising their rights and interests.
8.5.2. Concludes collective contract (agreement) with relevant employers on protection of socio-economic development and labour, oversees its implementation.
8.5.3. Participates in mutual partnership with the executive power and education governing bodies in settlement of issues such as protection of the rights of employees and students, arrangement and protection of labour and improvement of working conditions.
8.5.4.  Takes measures for settlement of social problems;  
8.5.5. Organizes the work on protection of health of trade union members;
8.5.6. Ensures rightful and efficient use of budget spendings, trade union properties and other funds.
8.5.7. To succeed in operative implementation of current affairs and duties stemming from the charter: Selects the Assembly of the united trade union committees consisting of chairman, deputy chairman and members; creates commissions and working groups, determines their working rules, the rights and duties of the trade union committee chairman and deputy chairmen, and determines the working regime. The Assembly of the united trade union committees are summoned at least once every 6 months and is valid if more than half of the members are in attendance.
8.5.8. Reports to the higher trade union body about its operation;
8.5.9. The united trade union committees can use one-third of the membership fees collected with consent of the initial trade unions to meet their expenditures.




9.1. The supreme body of the Union is the Congress, which convenes once every five years. The supreme body of the Union during the period between congresses is the Republican Committee. The decision on the summons and agenda for the Congress is announced 90 days prior to the Congress. The representation quota and selection of representatives for the Congress is determined by the Republican Committee.  The authority of the Congress representatives is effective for the duration of the authority of the selected trade union body. An extraordinary Congress (conference) is convened upon the demand of one-third of the selected members, and the decision on the summons and agenda for this event is announced at least 30 days in advance.
9.2. The Congress:
-    hears the reports of the Republican Committee and Inspection Committee, and indicates the immediate and general duties;
-    adopts the charter of the Union, makes amendments and additions to it;
-    selects the chairman and secretary of the Inspection Committee and Republican Committee;
-    approves the authority of the Republican Committee and Inspection Committee;
-    selects representatives for the Congress of the Confederation of Azerbaijan Trade Unions, and its assembly and international bodies.
9.3. The Republican Committee of the Union:
-    defines priority spheres in the operation of trade union organizations, and directs the operation of united trade union committees towards these spheres;
-    defends the rights and interests of Trade Union members;
-    builds relations with committees of other trade unions in line with the interests of its members;
-    concludes field (tariff) collective agreement;
-    hears the reports of the combined trade union committees and initial trade union organizations on their activity in the area of protection of socio-economic and labour rights and interests of union members; if necessary, raises before the relevant trade union organization the issue of holding early reporting-electoral conferences.
-    leads the operation of the technical and legal inspectorate of labour that is subordinate to the Union;
-    passes a decision to hold mass protest actions;
-    submit its representative to the coordination commission in case of any labour dispute;
-    studies, summarizes and shares the progressive experience of trade union organizations, instructs trade union personnel and activists and ensures their education.
9.4. The Republican Committee of the Union selects a chairman and Presidium members to deal with organizational issues and lead the activities in the period between the Assemblies, and establish the voting rules.
9.5. The Republican Committee of the Union shall be accountable before the congress (conference), while its members shall be accountable before the body that selected or appointed them directly.




10.1. The union’s funds consist of one-off admission and monthly membership fees, and funds received from self-supporting cultural-educational, sports institutions and other types of activities, and other sources.
10.2. Those who are granted membership with the trade union, pay a one-off membership admission fee at the following amounts: 1 percent of salary or stipend/pension; students with no stipend pay 0.5 percent of minimum cost of living.
10.3. Monthly membership fee is set as two percent of the monthly salary, stipend/pension and additional calculated profits, financial aid, award and other profits.
10.4. The unemployed pensioners having membership with the trade union, the women temporarily out of job for child-raising, and the students with no stipend pay a monthly membership fee at the amount of 0.5 percent of the minimum cost of living.
10.5. The Union uses the membership fees and other sources of funds to maintain cultural and sport institutions, as well as to arrange physical training – sports events, to provide financial aid for the members, to award the employees and activists, to give salary to union employees and other events stipulated in the approved estimates plan approved by the relevant union body – Assembly.
10.6. The Union’s institutions and organizations implement the mutual relations concerning the budget in line with the effective law.
10.7. The amount of allocation for the Independent Trade Union of Azerbaijan Education Employees from the monthly funds received as membership fees and from other sources is set in the following order:
- united trade union committees: up to 30 percent;
- higher and high specialized schools: up to 15 percent;
- student trade union committees: up to 6%;
10.8. The change of membership fee is considered by the Republic Committee in exceptional cases depending on the objective conditions. 
10.9. The right to issue order about the funds and property of the Union belongs to the elective union offices, who regularly report to the trade union members about the efficient and rightful use of funds and property; the responsibility for this issue lies with the chairman and accountant.
10.10. The union can create enterprise, organizations, office, company (be shareholder), buy shares, create various, necessary foundations, as well as engage in other types of activities (economic, foreign economic) etc. meeting the goals and duties of the trade union not contradicting the law.
 10.11. Fiscal year of the Union lasts from January 1 to December 31.



11.1. The Inspection Commission of the Union is elected in the assembly, conference and congress along with the trade union body. Its authority is effective for the term of the union body that elected it. The Inspection commission is independent in its operation and is only accountable before the assembly, conference or congress that elected it.
11.2. Inspection commission members attends the assemblies of the relevant union body with advisory vote.
11.3. The Inspection commission oversees the use of the union budget, the funds allocated from social security foundation, as well as the use of the property of the union, ensures accurate accounting and reporting, as well as timely responses to the written and oral inquiries of employees and studying youths.
11.4. The Inspection Committee periodically, but at least twice a year, inspects the activity of the relevant trade union body and reports to the congress.
11.5. Any discrepancy between the Inspection Commission and elective Union body settled in the assembly, Republican Committee or congress.



12.1. The operation of the Union is terminated through reorganization (uniting, merger, division, separation, transformation) or suspension. The operation of the Union is terminated in the manner established by the law. The decision on termination or reorganization of the Union is adopted through a two-thirds majority of votes of the Congress representatives.
12.2. On the basis of the decision to terminate the operation of the Union, a closing commission is set up. From this moment, the commission assumes all authority over the management of the Union. The closure commission compiles its balance, and after settlements with the budget during the closure of the Union and after creditors’ demands are met, property is used for the objectives of the charter in the order established by the law, or if this is impossible, is transferred to the state budget. The Union is terminated on the basis of the Civil Code of the Azerbaijan Republic and other legislative acts.



13.1. Issues not stipulated by this charter are regulated by the law.
13.2. The additions and amendments to this Charter is approved in the General Assembly.
13.3 If provisions of this charter contradict the law in the future, provisions of the law shall be applied.