The National  Assembly of Azerbaijan Republic approved next oil-gas project in 27.04.2010. According to this agreement Bahar Energy Ltd company takes part as a partner of SOCAR.  This company is situated in free economy zone- Dubai, Jabal Ali(United Arabian Emirates).  Bahar Energy Ltd company at the same time is the operator on managementing of the agreement. 

The foreign participant have taken liability to pay Azerbaijan 2 billion$ after approvement of the project,1billion$ during works in channel and 2 billion$ because of 1,5 increasement according to the  production level of 2008.

It should be mentioned that HPB type contract on the utilization of ‘Bahar’ and “Gum-deniz” sea deposits was signed between SOCAR(20%) and Bahar Energy LTD (80%) in December ,2009.  Baghlan Group, Greenfield İnternational and RAFI Oil, the founders of Bahar Energy LTD are off-shore companies. They were registered in Dubai –Jebel Ali free economy zone. 

. After approval  this project by the  head of state in june Bahar Energy Ltd company signed new temporary Labor Agreement with oil-workers of Gum Island Oil-gas Extracting Institution. Thus a new employer violate the 63rd article of Azerbaijan Labor Code  (the regulation of labor relations during change of owner-during the change of owner of the institution besides workers noted in the second part of this article(that is:the head of the institution,his deputies,chief accountant and leaders of other management structural sections) the labor agreements and their condition between workers and previous owner  are kept by new owner ) . There  is  dismissial risk for the workers  who are disagree with the conditions and it causes increasement of unemployement in the country. The experiment shows that(Shirvanoil Operating Company,Qarasuoil OC,Binəqədioil OC) there is dismissial risk for the workers who signed temporary labor agreements related with the ending of the agreement. During signing the agreement employers violate the 45th and 47^th articles of ALC and unfortuantely such situations continue in the country for many years and the reason is:

 Who creates an opportunity to the violation of Labor Code?

• State Labor Inspectorate which fulfil the state control over labor legislation in administartions and institutions (ALC ARTICLE 15.  Body which fulfil state control over labor legislation )
• Trade Unions which must fulfil public control over the requirements of Labor  Code in administartions and institutions. Azerbaijan Labor Code 309.
• An existing court systmen in Azerbaijan. Though employers repeatedly violate the articles of Azerbaijan Labor Code(the fact: court processes which Oil Workers’ Rights Protection Organization won. look through: www.nhmt-az.org) were not answered. The sindrome of inpiunity is the increasement of crimes. 
• Article 310. Responsibily for the violation of the laws according to this Code       
• Article  311.Disciplinary liability for the violtion of Labor Code
• Article  312.  Administrative liability for the violation of Labor Legislation
• Article  313 .   Criminal liability for the violation of Labor Code

 Taking into accout all afore-mentioned OWRPO :

• The main sharesholders of  Bahar Energy Ltd  company  Baghlan Group, Greenfield İnternational i RAFI Oil. and SOCAR call their leaders to approach respectably the laws of Azerbaijan Republic,to provide rule of law and to punish the culprits.
• Ask State Labor Inspectorate attached to the Ministry of Labor and Social Defense to pay attention afore-mentioned facts, to take measure for preventing  of  violation of laws. 
• Request Azerbaijan Trade Unions which must fulfil social control over administrations and institutions to fulfil its functions  instead of membership dues from workers.

July 5, 2010