Texts of pending comments

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that the Government indicates in its report that the occupation of dockworker does not exist in Tajikistan due to the lack of navigable rivers in the country and of flag vessels. The Commission previously pointed out that although the Republic of Tajikistan is a landlocked country, the provisions of the Convention also apply to processes of loading and unloading of ships engaged in inland navigation. The Committee invites the Government to indicate any progress made in the development of the transport of goods by inland waterways and therefore in the infrastructure necessary for the handling of goods and, where appropriate, to indicate any measures subsequently adopted to ensure that workers engaged in loading and unloading operations are protected against accidents in accordance with the provisions of the Convention.

Article 1 of the Convention. Forty-hour week. The Committee notes that section 78 of the 2016 Labour Code, which replicates section 71 of the 1997 Labour Code, foresees the averaging of hours of work over a reference period which may be as long as one year. Recalling that calculating hours of work as an average over a reference period of up to one year allows for too many exceptions to normal hours of work and can result in highly variable working hours over long periods, long working days and the absence of compensation (2018 General Survey on working time instruments, paragraph 68), the Committee requests the Government to review section 78 of the Labour Code in this regard. It also requests the Government to provide information on the usual length of the reference period determined in collective agreements and internal staff regulations, as well as concrete examples of the variations observed in the number of hours worked on a weekly basis over the corresponding reference period, in cases where averaging is applied.

Double employment. In previous comments, the Committee had requested the Government to provide specific information on any measures adopted or envisaged to limit the total working time of workers engaged in double employment. The Committee notes that according to section 74(2)(5) and 232 of the 2016 Labour Code, the length of the working day for the workers holding two or more jobs shall not exceed by more than four hours the regular working day of eight hours. The Committee also notes that this implies a working day limit of 12 hours for workers holding two or multiple jobs. Noting that section 67 of the Labour Code provides that the normal working week shall not exceed 40 hours, the Committee requests the Government to indicate whether the weekly limit of 40 hours also applies to multiple jobholders.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 and 106 (weekly rest) and 52 (annual holidays with pay) together.

Article 2 of Convention No. 14 and Articles 6 and 10 of Convention No. 106. Weekly rest entitlement. Compliance. The Committee notes that the Government indicates, in its report, that in certain companies funded with foreign capital and in transnational corporations, workers can spend years without taking rest, and sometimes have to work without any days off. The Committee also notes that, according to its section 9, the Labour Code also applies to employees of organizations located in the country, whose property owners, participants or shareholders are foreign individuals and legal entities. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that in practice as well as in law, all workers, regardless of the nationality of the entity they work for, effectively enjoy an uninterrupted weekly rest period comprising not less than 24 hours in the course of each period of seven days, as required under the Conventions. The Committee also requests the Government to indicate the sanctions applied in the identified cases of non-compliance with weekly rest obligations by foreign-owned companies.

Article 8 of Convention No. 106. Temporary exemptions. In previous comments, the Committee had requested the Government to provide information concerning the circumstances in which temporary exemptions may be granted in accordance with the provisions of Article 8. The Committee notes that section 87(2) of the Labour Code provides for a list of exceptions that are in conformity with those foreseen by Article 8(1) of the Convention. The Committee also notes that section 87(2) also provides that work during weekends is allowed in other cases envisaged by the Tajik legislation and organizations’ internal regulations. The Committee requests the Government to indicate the other cases in which, according to section 87(2) of the Labour Code, the Tajik legislation and the organizations’ internal regulations foresee work during weekends.

Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106. Temporary exemptions. Compensatory periods of rest. In previous comments, the Committee had noted that section 82 of the 1997 Labour Code providing that compensation for work performed on a weekly rest day may take the form of an alternative day off or cash payment depending on the worker’s preference, was not in conformity with Articles 5 and 8(3) of the Conventions. The Committee notes that section 88 of the 2016 Labour Code replicates section 82 of the 1997 Labour Code. Recalling that a compensatory rest of at least 24 consecutive hours is compulsory and not optional, regardless of any financial compensation, the Committee requests the Government to indicate if, in case of exceptional work during weekends, a period of at least 24 hours of effective weekly rest is granted to workers, as foreseen under Articles 5 and 8(3) of Conventions Nos 14 and 106, respectively.

Article 7 of Convention No. 14. Notices and rosters. In its previous comments, the Committee had requested the Government to take measures in order to ensure full compliance with Article 7(a) of the Convention. The Committee notes that, according to section 24 of the 2016 Labour Code, the information related to weekly rest is included in labour contracts and/or in collective agreements.

Article 2(1) of Convention No. 52. Minimum duration of annual holiday with pay. In a previous comment, the Committee had noted with satisfaction that the Act No. 26 of 17 May 2004 amending the 1997 Labour Code had introduced a new section 94(1)(3) providing that, in the event of the postponement of annual holiday to the following year, workers shall benefit from at least 10 days’ holiday during the year in which they were due to take their entire holiday. The Committee notes that section 108(2) of the 2016 Labour Code allows, in exceptional cases, when offering full annual leave to workers at a particular year can have a negative impact on the smooth operation of the organization or the individual entrepreneur, the transfer of annual leave fully or partially to the following year with the employee’s consent. The Committee also notes that no provision in the 2016 Labour Code seems to guarantee that, in the event of postponement of annual holiday to the following year, workers benefit from at least six days of holidays during the year, as foreseen by this Article of the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that all workers, in any event, effectively enjoy at least six days of paid holidays per year.

Article 8. Sanctions. In previous comments, the Committee had requested the Government to indicate the legal provisions establishing sanctions in the event of the failure to comply with the provisions of the Labour Code concerning the annual holiday with pay. The Committee notes that the Government indicates that, in performing public oversight of labour matters, the trade unions’ rights and labour inspectors look at annual leave issues and issue dozens of orders concerning leave payment. The Government also indicates that, in the private sector, some workers have not been benefitting from annual leave for years. The Committee further notes that section 357(2) of the Labour Code provides that inspectors and authorized individuals on labour protection from trade unions and other employee representatives have the right to, inter alia, issue orders to employers on the elimination of revealed violations of labour protection requirements compulsory for implementation, and apply to relevant authorities to bring to justice the entities that violated the labour protection requirements and hid job-related accidents and make them responsible for these violations. The Committee requests the Government to indicate the sanctions applied in the reported cases of foreign enterprises having failed to comply with the provisions of the Labour Code concerning annual holidays with pay.

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2021.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

The Committee notes the 2021 conclusions of the Committee on the Application of Standards (Conference Committee) on the application of Convention No. 81 by Tajikistan, which urged the Government to:

– take all necessary measures to ensure that no moratorium or other restrictions of this nature on labour inspections be placed in the future;
– provide information on the developments regarding labour inspections, including on the number of inspection visits undertaken by the labour inspectors, disaggregated by type of inspections and by sectors;
– take all necessary legislative measures to ensure that labour inspectors are empowered to make visits without previous notice, and that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions and to guarantee the powers of the state inspectorate in line with the Convention;
– revive the functioning of the Council for the Coordination of the Activities of Inspection Bodies so as to ensure the effectiveness and the efficiency of both labour inspectorates;
– implement outcome 2.2 of the Decent Work Country Programme 2020–24, in order to increase the effectiveness of the labour inspection;
– publish reports on the work of the inspection services and transmit those reports to the ILO in line with Articles 19 and 20 of the Convention; and
– involve the social partners in implementing those recommendations.

In addition, the Conference Committee invited the Government to accept an ILO technical advisory mission within the framework of the ongoing technical assistance in the country.

In this regard, the Committee welcomes the communication from the Ministry of Labour, Migration and Employment in September 2021, indicating its readiness to receive, in the first quarter of 2022, the ILO technical advisory mission called for by the Conference Committee. The Committee expects that all outstanding issues will be addressed in the framework of the mission.

Articles 3, 4, 5(b), 17 and 18 of the Convention. Operation of the labour inspection system under the supervision and control of a central authority. Duality of inspection functions assumed by state and trade union labour inspectors. The Committee previously requested the Government to clarify the relationship between the State Inspection Service for Labour, Migration and Employment (SILME) and the trade union inspectorate established by the Federation of Independent Trade Unions. It also requested information on the modalities in place to ensure effective cooperation between both inspectorates, and on the relationship between those inspectorates and the Council for the Coordination of the Activities of Inspection Bodies. In this context, the Committee notes that, according to the Government’s report, the SILME is under the supervision and control of the Prosecutor General’s Office of the Republic of Tajikistan, and that it has official cooperation channels established with prosecution agencies, executive government authorities, local government authorities and financial bodies. The Committee also notes from the information provided by the Government that the Council for the Coordination of the Activities of Inspection Bodies appears to play both a coordinating role between the SILME and the trade union inspectorate, and a role akin to supervision over the SILME. For instance, pursuant to section 6 of the Law on Inspections of Economic Entities No. 1269 (Law No. 1269), as last amended in 2020, the remit of this Council includes reviewing annual inspection body reports, with an annual assessment of the effectiveness and efficiency of inspections, and ensuring that inspection bodies comply with inspection rules. The Committee further notes that, according to sections 29 and 37 of Law No. 1269 and to information provided by the Government, the SILME is required to report to multiple bodies, including the Council for the Coordination of the Activities of Inspection Bodies, and the Prosecutor General’s Office. Regarding the trade union inspectorate, the Committee notes the Government’s indication that the rights and obligations of trade union inspectorates are defined in the Labour Code, the Trade Unions Act and the Regulations on the Trade Union Labour Inspectorate, approved by a decision of the General Council Executive Committee of the Federation of Independent Trade Unions. The Government indicates that representatives of the Federation of Independent Trade Unions and the trade union inspectorate participate actively in initiatives of the Ministry of Labour, Migration and Employment and of the SILME relating to improved cooperation between labour inspectorates, and that these bodies regularly exchange information, including through roundtable events, seminars and conferences. The Government also refers to the role of the Council for the Coordination of the Activities of Inspection Bodies to increase the effectiveness of cooperation between both inspectorates, and indicates that the Council has met annually to coordinate the activities of the inspectorates. In this regard, the Committee notes with interest the Government’s indication that measures adopted in June 2021 have allowed the Council to resume its work. The Committee requests the Government to provide further information on the manner in which the activities of the SILME are supervised and controlled, including on the setting and review of priorities by the Council for the Coordination of the Activities of Inspection Bodies and the role of the Prosecutor General’s Office. It also requests the Government to provide further information on the manner in which the trade union inspectorate, which operates under the direction of the executive boards of national and regional trade union committees, defines its priorities of action in practice, including examples of how the trade union inspectorate coordinates its activities with those of the SILME and examples of how it operates independently of the SILME.

Articles 6, 10 and 11. Status and conditions of service of labour inspectors. Number of labour inspectors and material means at their disposal. The Committee previously requested information on the status and conditions of service of state labour inspectors, on the sources of funding for the trade union labour inspectorate, as well as on the numbers of labour inspectors in both inspectorates, and the material means at their disposal. Regarding the SILME, the Committee takes due note of the Government’s indication that labour inspectors are civil servants, whose status and conditions of service are guaranteed under the Civil Service Act, which provides them with stability of employment. The Government maintains that, in accordance with this Act, wages, wage adjustments and annual pay rises of not less than 15–20 per cent for labour inspectors are determined by presidential decree, and that effective social protection measures are guaranteed under national legislation. The Committee also notes that, according to the Government, staff turnover at the SILME is one of the lowest among state bodies. In this respect, the Committee notes that there are 60 labour inspectors in the SILME as of July 2021 (with 28 in the central office and 32 in regional offices), and that the SILME also has 33 support staff. In addition, the Committee notes the detailed information provided by the Government on the material means at the disposal of the SILME, in terms of IT and other equipment, internet access and transportation. Nevertheless, the Committee observes that, pursuant to section 37(1) of Law No. 1269, the performance of an inspection body official conducting an inspection shall be assessed based on criteria which includes feedback from the inspected economic entity regarding the inspection body official.

With regard to the trade union inspectorate, the Committee notes that pursuant to sections 1.7 and 1.8 of the Regulations on the Trade Union Inspectorate, chief inspectors are dismissed and appointed by the board of trade union bodies, and the funding of the inspectorate is provided from trade union funds and other sources not prohibited by legislation. In this respect, the Committee notes the observations of the ITUC, which refer to the decrease in the number of trade union labour inspectors in 2021 to 24 (from 28 in 2020, and 36 in 2018), and which note that information on the sources of funding for trade union inspection services is still very limited. The Committee requests the Government to provide its comments in respect of the observations of the ITUC. It also requests the Government to indicate how the independence of labour inspectors is ensured in practice, in respect of the requirement that the performance of an inspection body official be assessed based on criteria including feedback from economic entities. In addition, the Committee requests the Government to take measures to improve the situation with respect to the funding for and the number of trade union labour inspectors, and to provide further information on the material means at their disposal in practice.

Articles 12 and 16. Powers of labour inspectors. 1. Moratorium on inspections. Following its previous comments on this matter, the Committee takes due note of the Government’s indication that the moratorium on inspection has expired on 1 January 2021. The Committee notes that, according to the Government, the labour inspectorate now works according to its normal schedule, and labour inspectors decide on the frequency of inspection visits, based on the information available on the status of enterprises’ compliance with labour regulations. The Committee also notes in this regard that the annual report on the work of the labour inspectorate covering the period 2020–21 (Annual Report on Labour Inspection 2020–21) provides detailed statistics on the number of inspection visits carried out by the SILME in the reporting period, disaggregated by sector. Taking due note of these developments, the Committee expects that no moratorium of this nature will be placed on labour inspection in the future. It requests the Government to continue to provide statistics on the number of inspection visits undertaken by the SILME, disaggregated by type of inspections (scheduled, unscheduled, additional, or follow-up) and by sectors.

2. Other restrictions on the powers of labour inspectors. The Committee previously noted with concern the restrictions in Law No. 1269 on the power of inspectors, including with regard to: (i) frequency of inspections (section 22); (ii) duration of inspections (section 26); (iii) the ability of labour inspectors to undertake inspection visits without previous notice (sections 16, 19, 21 and 24); and (iv) the scope of inspections (section 25). The Committee notes with concern that the restrictions under Law No. 1269 appear to be still in force. However, according to the Government, these restrictions do not apply to trade union labour inspectors. The Government also indicates that labour inspectors in the SILME can make inspection visits without previous notice in exceptional cases, when there is information on serious violations of standards that threaten workers’ lives and health, or when responding to submitted complaints, claims or enquiries, and provided that the Council for the Coordination of the Activities of Inspection Bodies is notified. The ITUC observations underline in this regard that the requirements of Articles 12 and 16 of the Convention should apply to all labour inspectors, and that it is therefore necessary to restore the powers of state labour inspectors fully, to ensure compliance with the Convention. In this respect, the Committee notes the Government’s statement that the SILME has communicated the position of its leadership to the Council for the Coordination of the Activities of Inspection Bodies regarding strict compliance with the requirements of the Convention. The Committee also welcomes the Government’s indication that a protocol-resolution of the Council has assigned to the Ministry of Justice, the Committee for State Property Investment and Management, and other relevant governmental agencies, the task to consider this matter and submit the necessary proposals to harmonize the relevant legislation. In addition, the Government refers to the existence of a due diligence checklist for inspections, compiled by SILME specialists, which formalizes the wide-ranging powers of labour inspectors to conduct unscheduled, surprise, targeted and verification inspections. With reference to its general observation of 2019 on the labour inspection Conventions, the Committee urges the Government to pursue its efforts and continue to take all the necessary measures to bring its national legislation into full conformity with Articles 12 and 16 of the Convention. It requests the Government to continue to provide information on the measures taken and the developments in this regard, and to communicate a copy of the due diligence checklist established by the SILME for inspections. In addition, the Committee requests the Government to provide statistics regarding the number of inspection visits undertaken by labour inspectors of the SILME without previous notice, as compared to inspection visits undertaken with prior notice, and similar statistics regarding inspections undertaken by trade union labour inspectors.

Article 13. Preventive measures in the event of a danger to the safety and health of workers. The Committee previously requested information on the application in practice of Article 13 of the Convention and of inspectors’ temporary suspension powers under section 30 of Law No. 1269 related to occupational safety and health (OSH). In this regard, the Committee notes that the Government does not provide information regarding the application of section 30 of Law No. 1269, but refers to the application of section 3(7) of the Regulations of the SILME, approved by Government Decision No. 299 of 3 May 2014, as amended in 2020 (SILME Regulations). Section 3(7) of the SILME Regulations provides that the SILME has the authority to: (i) suspend the activities of organizations, production sites and individual entrepreneurs in accordance with national laws, when activities jeopardize employees’ lives and health and until OSH infringements are addressed; and (ii) prohibit the use of non-compliant work clothes and footwear, and personal protective equipment. The Committee notes the Government’s indication that, in 2020 and the first semester of 2021, labour inspectors of the SILME have halted the activities of enterprises, production sites and sole trader industrial plants in 95 instances, until the violations had been remedied and the inspectors’ regulatory requirements had been implemented. The Annual Report on Labour Inspection 2020–21 also contains statistics on the reports issued by the SILME containing instructions to remedy infringements of standards on protection of workers, in connection with plans for the construction of new industrial facilities, for the renovation of industrial facilities, and for the installation of machinery, mechanisms and other industrial equipment. The Committee notes the Government’s indication that trade union labour inspectors have the right to impose a suspension of work in the event of a threat to workers’ lives. Pursuant to Part II of the Regulations on the Trade Union Inspectorate, the trade union labour inspectors also have the right to issue orders for employers to eliminate detected violations of labour protection requirements, execution of which is obligatory. The Committee requests the Government to provide statistics regarding the application in practice of trade union labour inspectors’ powers to suspend work in the event of a threat to workers’ lives, and to issue orders for employers to eliminate detected violations of labour protection requirements.

Articles 20 and 21. Obligation to publish and communicate an annual report on the work of the labour inspectorate. The Committee notes with interest that the Government has communicated the Annual Report on Labour Inspection 2020–21, which includes detailed information on the subjects covered by Article 21(a), (b), and (d)–(g) of the Convention. The Committee observes that this annual report does not appear to contain statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)). The Committee requests the Government to take the necessary measures to ensure that annual reports on the work of the labour inspectorate continue to be published and transmitted to the ILO in accordance with Article 20 of the Convention in the future, and that they contain all the information covered by Article 21(a)–(g).

The Committee is raising other matters in a request addressed directly to the Government.

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. 1. Conciliation, mediation and dispute settlement. Following its previous comments on the role of labour inspectors in conciliation and mediation, the Committee notes that, before the Committee on the Application of Standards in June 2021, the Government stated that state labour inspectors are not allowed to be involved in labour disputes under national law, but can be invited to court, and subpoenaed to court as witnesses. Nevertheless, the Committee notes that the duties of the State Inspection Service for Labour, Migration and Employment (SILME), include promoting the effectiveness of collective bargaining, activities of consensus committees, mediation and labour arbitration, pursuant to section 2(5) of the Regulations of the SILME approved by Government Decision No. 299 of 3 May 2014 and amended in 2020 (SILME Regulations). The Committee also notes that, pursuant to Part II of the Regulations on the Trade Union Inspectorate, trade union labour inspectors have the right to participate in labour dispute settlement. The Committee requests the Government to provide further information on the nature of the role played by trade union labour inspectors in dispute settlement. It also requests the Government to clarify further the nature of activities undertaken by labour inspectors in their duties under section 2(5) of the SILME Regulations, as concerns the promotion of the effectiveness of collective bargaining, activities of consensus committees, mediation and labour arbitration.

2. Control of immigration law and other duties. The Committee notes the Government’s indication in its report that labour inspectors of the SILME are empowered to monitor and inspect compliance with legislation on environmental, voluntary and internal migration. In this respect, section 2(5) of the SILME Regulations also provides that the SILME is entrusted with assistance in regulating the employment of foreign migrants. The Committee notes that the annual report on the work of the labour inspectorate covering the period 2020–21 (Annual Report on Labour Inspection 2020–21) contains statistics on the penalties imposed for violations related to migration issues. Nevertheless, the Government states that the monitoring of labour migration and the distribution of work permits in accordance with legislation, are handled by the Migration Service. Finally, the Committee notes that, pursuant to section 2(5) of the SILME Regulations, the SILME is also entrusted with tasks such as the promotion of employment, the organization of the labour market, and other tasks contributing to the development of matters related to labour, migration and employment. The Committee requests the Government to indicate the activities of labour inspectors in promoting employment, organizing the labour market, regulating the employment of foreign migrants, and executing the other tasks envisaged under section 2(5) of the SILME Regulations, including the time and resources spent on each such task envisaged under section 2(5), as compared to the time and resources spent on their primary duties under Article 3(1) of the Convention. The Committee also requests the Government to provide further information on the duties and nature of activities undertaken by labour inspectors in the monitoring of environmental, voluntary and internal migration, including the proportion of time and resources spent on such activities. It requests the Government to provide further information on the outcome of cases involving migration issues, including on any cases of reinstatement, by labour inspectors of the SILME or the Trade Union Inspectorate, of statutory rights for migrant workers.

Article 7(3). Training of labour inspectors. Following its previous comments on this matter, the Committee notes the information provided by the Government regarding the different opportunities available in the area of training and skills development, with funding from the state budget, for labour inspectors of the SILME. The Committee notes that, according to the Government, 33 inspectors of the SILME attended skills development and retraining courses regarding the protection of workers in the period 2018–20, and an additional 18 SILME inspectors attended such courses in the first semester of 2021. The Committee requests the Government to provide further information on the training provided to trade union labour inspectors, including the number of labour inspectors that participated in those training activities, the frequency of such activities, and the subjects covered.

Article 14. Notification of industrial accidents and cases of occupational diseases to the labour inspectorate. The Committee previously requested statistics on the application in practice of the Procedures for investigating and recording industrial accidents and occupational diseases, approved by Government Decision No. 462 of 5 July 2014. In this respect, the Committee notes the data provided by the Government, including its indication that, in the reporting period, the SILME received 111 notifications of industrial accidents from employers and prosecution agencies. The Committee also notes that the Annual Report on Labour Inspection 2020–21 contains statistics from January 2021 provided by the State Medical and Social Inspection Service operating under the Ministry of Health and Social Protection, according to which 721 citizens suffered occupational diseases. The Committee requests the Government to continue providing information on the investigation and recording of industrial accidents and occupational diseases.

Article 15. Obligations of labour inspectors. In response to its comments on measures giving effect to Article 15(a) and (c) of the Convention, the Committee notes the Government’s statement that labour inspectors must treat as absolutely confidential the source of any complaint about defects or violations on occupational safety and health (OSH), and of other laws and regulations containing labour law standards. The Committee also notes that, according to the Government, the obligation to refrain from communicating to the employer any information about the source of the complaint and to preserve the anonymity of the claimant during inspection visits, is contained in labour inspectors’ job description. The Committee requests the Government to provide information on the measures giving effect to Article 15, with regard to trade union labour inspectors.

Articles 17 and 18. Powers of labour inspectors to ensure the effective application of legal provisions concerning conditions of work and the protection of workers. In response to its previous comments on the application of labour inspectors’ right to institute legal proceedings, the Committee notes the statistics provided by the Government in the Annual Report on Labour Inspection 2020–21 relating to the number of violations detected and the measures taken by labour inspectors during the reporting period, including the amount of fines imposed. The Government also indicates that, when labour inspectors uncover serious infringements, they compile the necessary materials for submission to prosecution agencies. According to the Government, criminal proceedings against 78 employers and other company officials were initiated, following the submission of 213 files. The Committee also previously noted that section 22 of Law No. 1269 appears to limit inspectors’ ability to impose sanctions on economic entities in the first two years of their activities to prescribed exceptional cases. However, the Committee observes an absence of information on the application in practice of this provision. Regarding trade union labour inspectors, the Committee notes that, pursuant to Part II of the Regulations on the Trade Union Inspectorate, trade union labour inspectors appear to have the right to apply to the relevant authorities and bring to justice those who do not comply with labour protection requirements and who conceal occupational accidents. The Committee requests the Government to provide further information on the manner in which labour inspectors apply section 22 of Law No. 1269. It also requests the Government to provide further information on the application in practice of trade union labour inspectors’ powers to initiate prompt legal proceedings without previous warning, including statistics on violations detected by such labour inspectors and any submissions to prosecution agencies or other measures taken by these inspectors.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

The Committee notes the entry into force of the new Law on Trade Unions (2011) and the new Labour Code (2016). The Committee further notes the Government’s indication that the Law on Public Associations does not apply to trade unions.

Article 3 of the Convention. Right of organizations to organize their activities and to formulate their programmes. The Committee notes that pursuant to section 323(2) of the Labour Code, a decision to declare a strike should be taken by a meeting of workers or of an appropriate workers’ representative body. Such a decision should be adopted by not less than two thirds of those present at the meeting (representative body) or two thirds of the delegates to the conference of workers’ representatives. The Committee considers that requiring a decision by two thirds of those present at the meeting is excessive and could unduly hinder the possibility of calling a strike. The Committee therefore requests the Government to amend this provision so as to lower the majority required for the calling of a strike. It requests the Government to indicate all measures taken in this respect.

The Committee notes that, pursuant to section 323(5) of the Labour Code, the right to strike can be restricted by legislation in cases where it might endanger the life and health of individuals or the security and defence capacity of the State. The Committee requests the Government to indicate services where the right to strike is so restricted or prohibited, with reference to the relevant legislative provisions.

The Committee recalls that when the right to strike is restricted or prohibited in certain enterprises or services considered essential, or for certain public servants exercising authority in the name of the State, the workers should be afforded adequate protection so as to compensate for the restrictions imposed on their freedom of action. Such protection should include, for example, impartial conciliation and eventually arbitration procedures which have the confidence of the parties, in which workers and their organizations could be associated. Such arbitration awards should be binding on both parties and once issued should be implemented rapidly and completely. The Committee requests the Government to indicate whether alternative compensatory guarantees of this nature are afforded to workers deprived of their right to strike pursuant to section 323(5) of the Labour Code and to indicate the applicable legislative provisions.

Criminal Code. In its previous comments, the Committee had noted that under section 160 of the Criminal Code, a violation of procedure for organizing and carrying out meetings, demonstrations and pickets is sanctioned by a fine of up to 2,000 times the minimum wage or of up to two years’ imprisonment. It requested the Government to indicate whether trade unionists had been sanctioned under this provision for exercising legitimate trade union activities. The Committee notes the Government’s indication that section 160 of the Criminal Code has never been used to prosecute trade unionists for exercising legitimate trade union activities. The Government stresses that participants in peaceful strike action assume no criminal liability and that this provision has not been applied in practice. The Committee takes due note of this information and trusts that this provision will not be used to sanction trade unionists for exercising legitimate trade union activities.

Article 7(2) of the Convention. Works stores. The Committee notes that the Government’s report does not contain information in response to its previous request on this issue. The Committee therefore requests the Government once again to provide information on the measures adopted with the object of ensuring that goods at work stores are sold, and services provided at fair and reasonable prices, or that stores established and services operated by the employer are not operated for the purpose of securing a profit, but for the benefit of the workers concerned, as required by this Article of the Convention.

Articles 12 and 15(b). Regular payment of wages. Control of compliance. Further to its previous comments concerning wage arrears in the country, the Committee notes that the Government indicates that the total amount of arrears of wages as of 1 May 2020, including arrears from previous years, increased by 78.8 per cent compared to the same period in 2019. The Government further indicates that local government authorities have adopted decisions and that the leaders of provinces, towns and districts have adopted decrees to establish the “Executive Unit for the Elimination of Wage Arrears”. Concerning enforcement activities, the Committee notes that the Government’s report does not contain information in response to its previous request. Taking note with concern of the continued situation of wage arrears in the country and its dramatic increase in 2020, the Committee requests the Government to step up its efforts to address this issue and to provide information on the results of the measures adopted and envisaged in this regard. The Committee also requests once again the Government to provide information on the number of inspection visits undertaken to ensure compliance with the timely payment of wages by sector, the number of cases of non-compliance detected and the measures taken to settle all outstanding payments, including adequate penalties or other appropriate remedies.

Articles 14(b) and 15(d). Wage statements and record-keeping. Further to its previous comments requesting the Government to indicate how effect is given to these provisions, the Committee notes that the Government’s report is silent on this issue. The Committee therefore once again requests the Government to: (i) specify how it is ensured that workers are informed at the time of each payment of the particulars of their wages for the period concerned, for example by means of payslips (Article 14(b)), and (ii) indicate any legislative or administrative provisions regulating the form and manner in which payroll records must be kept, as well as the specific wage particulars to be shown in those records (Article 15(d)).

[The Government is asked to reply in full to the present comments in 2022.]

The Committee notes with deep concern that the Government’s report, due since 2018, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1 of the Convention. Communication of information. The Committee recalls that Article 1 of the Convention requires that all ratifying States submit information to the ILO and other members on national policies, laws and regulations relating to both emigration and immigration (migration law but also areas of law that impact on migrant workers, such as for example, labour law, equality law, human rights law, civil law and penal law). The Committee notes that the Government is currently developing a draft “Productive Employment Programme”, in collaboration with the ILO, which contains a number of aspects of relevance for the management of labour migration, including skills training for prospective migrants, as well as an enabling regulatory framework for formalization of employment, which contains a special section for migrant workers. The Committee further notes the Government indication, in its second periodic report to the United Nations Committee on Migrant Workers (CMW) in 2019, that (1) a Bill on labour migration was being drafted (CMW/C/TJK/CO/2, 9 May 2019, para. 11), and (2) the National development strategy 2016-2030 aims to, inter alia, improve the productivity and employment of the population and develop legal and social frameworks for labour migration. In order to have a comprehensive and up to date view of the national legislative and policy framework on migration, the Committee urges the Government: (i) to provide information on progress made towards the adoption of the Bill on labour migration mentioned in its report to the CMW; (ii) to give a list of the legislation and administrative regulations, which apply the provisions of the Convention; and (iii) to forward copies of the said legislation.

In its last comment, the Committee requested the Government to provide information, disaggregated by sex and origin, on the number of migrant workers in Tajikistan and Tajik nationals migrating for employment, indicating the countries of origin and destination and the sectors in which they are employed. The Committee notes the information contained in the study entitled “Strengthening support for labour migration in Tajikistan - assessment and recommendations” published in December 2020 by the Asian Development Bank (ADB) (hereinafter the ADB study). This study confirms that Tajik migrants’ major destination country is the Russian Federation (97.6 per cent); other destination countries include Germany, Kazakhstan, the Kyrgyz Republic, the Republic of Korea, Turkey, the United States, United Arab Emirates, and Uzbekistan. According to this study, the types of job migrants engage in depend largely on the migrants’ social capital and not on their skill sets. Tajik migrant workers tend to work in lower paying position in the following sectors: construction (5 per cent), trade and services (17 per cent), manufacturing (5 per cent), transport and communication (5 per cent), and other (14 per cent). The largest group of migrants is between 15–29 years old (45.4 per cent) followed by the group aged 30–44 (39.5 per cent). For both genders, the majority of migrant were unemployed before migrating and migration from Tajikistan is male dominated. Although in 2019 female migration increased by 24 per cent compared to 12 per cent for male migration, women's participation in labour migration has remained between 12 and 16 per cent in the last 5 years. The Committee observes that according to the ADB study, in December 2019, the Russian Federation ratified an agreement on the organized recruitment of Tajik labour migrants who work seasonally in the country; and that, in its concluding observations, the CMW expressed concern about the lack of sufficient guarantees to ensure the protection of the rights of Tajik migrant workers in Qatar, including those who will be involved in the construction of sports facilities before 2022, given that the bilateral agreement between the two States has yet to be concluded (CMW/C/TJK/CO/2, para. 46). The Committee asks the Government to provide: (i) information, disaggregated by sex and origin, on the number of migrant workers in Tajikistan, indicating the countries of origin and the sectors in which they are employed; and (ii) copies of any bilateral and multilateral agreements concluded, in particular the ones with Qatar and the Russian Federation.

Article 8. Maintenance of residence in case of incapacity for work. The Committee recalls that the Convention prohibits the expulsion of a migrant worker admitted on a permanent basis in the event of incapacity for work on the grounds of ill health or injury, unless it falls in the exception of Article 8(2) of the Convention. The Committee requests once again the Government to provide information on the number of foreigners that have acquired permanent residency status in the country and to clarify whether permanent migrant workers may continue to reside in the country in the event of incapacity for work, and whether this right is maintained even if they find themselves without means of support.

Article 11. Frontier workers and short-term entry. In the absence of information on this point, the Committee requests the Government to specify which categories of migrant workers in the country would be considered as “frontier workers”. The Government is also asked to indicate the longest period which is regarded as constituting “short-term entry” within the meaning of Article 11(2)(b).

The Committee notes with deep concern that the Government’s report, due since 2018, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 2, 4 and 7. Adequate and free services to assist migrants for employment. Measures to facilitate the departure, journey and arrival of migrant workers. Public Employment Service. The Committee previously requested the Government: (1) to provide information on the activities of the Agency for Employment Abroad (established in 2014) in providing services and assistance to Tajik workers going abroad and foreign workers employed in Tajikistan; (2) to indicate whether these services are free of charge; and (3) to provide detailed information on the measures taken and arrangements made to facilitate the departure, arrival and reintegration of migrant workers. According to its website, the Agency for Employment Abroad provides qualified consulting and mediation services for the employment of Tajik citizens who have found a job abroad. It is also engaged in the organized recruitment of Tajik citizens to work in the Russian Federation and other countries; recruitment centres are opened in four cities (Dushanbe, Khujan, Khorog and Bokhtar). The Committee notes that the website provides a wealth of information to prospective migrants in English, Tajik and Russian. According to the website, the Agency works closely with all government and non-governmental agencies (Migration Service of the Ministry of Labour, Migration and Employment of Population (MoLMEP); Ministry of Education and Science; Ministry of Health and Social Protection; Embassy of Tajikistan in the Russian Federation; etc.) that provide informational support to citizens of Tajikistan who want to go abroad, who face difficulties in another country or who want to return. It refers migrants to the right governmental or non-governmental agency which can help them before, during and after their migration journey. The Agency organizes workshops on pre-departure modules in partnership with the Pre-departure orientation Centre of the Migration service or Migrant Resource Centre in Dushanbee. The Committee observes that the Government has developed a mobile application to ease migrants’ access to available services and information and published a handbook on safe labour migration in the Russian Federation. It further notes that the website clearly states that all the information and service provided by the Agency are completely free of charge. The Committee notes that, in its concluding observations, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) expressed concern: (1) at the lack of coordination, exacerbated by unclear and overlapping mandates between the various agencies within the Ministry, such as the State Migration Service, the pre-departure preparation centres, the Agency for Employment Abroad, the representation of the Ministry in the Russian Federation and the Agency for the Labour Market and Employment; (2) about the inadequate human, technical and financial resources available to the Ministry for it to effectively carry out its work, including a lack of staff with expertise on issues relating to migration; and (3) at the lack of sufficient monitoring and evaluation mechanisms to assess the impact of migration policies and programmes on the rights of migrant workers and members of their families (CMW/C/TJK/CO/2, 9 May 2019, paragraph16). In addition, the Committee observes that, according to the 2020 Asian Development Bank study “Strengthening support for labour migration in Tajikistan – assessment and recommendations” (ADB study), in practice, a majority of the migrants leave without any detailed knowledge of their destination country relying almost entirely on information from informal sources. The same study adds that staff of the Migration Services of Tajikistan are focusing most of their effort on re-entry bans in the Russian Federation issued to Tajik nationals in breach of the Russian legislation. It indicates that, according to Russian legislation, re-entry bans can be issued to foreign citizens for two reasons: when a foreign national is in breach of administrative regulations on the territory of the Russian Federation two or more times within a period of three years (e.g. for lacking registration), as well as in cases when a migrant has not left the country within thirty days after the expiry of his/her right to stay on the territory of the Russian Federation. Without knowing it, migrants can be issued re-entry bans for a period of three to five years as a result of a lack of documents or for an unpaid parking bill. Consequently, because there is no system of warning about re-entry bans, migrants leave the Russian Federation to go back to their home country and visit their relatives not aware that they will not be allowed to re-enter the Russian Federation. It is only when they want to go back to the Russian Federation that the electronic system at the border signalizes that they are not allowed to re-enter the Russian Federation and are rejected. In that regard, the Committee observes from the ADB study that, in 2019, approximatively 240,000 migrants of Tajik origin were registered on the re-entry ban list of the Russian Federation. In light of the above, the Committee urges the Government:

(i) to provide without delay accurate and free information to migrant workers and facilitate their departure, journey and reception in countries of destination, in particular to the Russian Federation;
(ii) to provide information on the specific measures taken or envisaged to ensure that its citizens going abroad are aware of the policy on re-entry restrictions in the Russian Federation, and of any negotiation in this respect with the Russian Federation (for example to remove their names from re-entry ban list);
(iii) to strengthen coordination between the different agencies under the MoLMEP regarding migration and employment to ensure that there is no overlap between their activities; and
(iv) to ensure that the MoLMEP and its agencies are provided with the adequate human, technical and financial resources for its effective functioning.

Please also provide information on any assistance and information services specifically targeting Tajik women workers going abroad.

Assistance to returning migrants workers. In its concluding observations, the CMW mentions the existence of a state programme to promote employment which resulted in the employment of 222 individuals in permanent jobs between 2018–19 and indicates that, although the National Development Strategy for 2016–2030, includes measures for the reintegration of returning migrants, the support provided to such returnees in practice is inadequate, in particular with regard to the provision of high-quality training and educational opportunities for professional development, and also regarding support for self-employment and entrepreneurship (CMW/C/TJK/CO/2, paragraph 50). In this regard, the ADB study adds that: (1) the lack of reliable data on returning migrants is a major challenge for the effectiveness of migration services; and statistical data on returning migrants are weak as the migration service centre-s have no system for recording the “clients” they serve; and (2) the challenges for returning migrants include difficulties in economic, social, and psychological reintegration. The Committee requests the Government to provide information on the impact of its assistance programmes for returning migrant workers and on the measures taken or envisaged to expand its returning policy in order to addressing effectively all the needs of returning migrant workers for a proper reintegration in their country of origin. Finally, the Committee asks the Government to provide statistical data, disaggregated by sex, on returning migrant workers.

Article 3. Misleading propaganda. The Committee wishes to stress that the existence of official information services does not suffice to guarantee that migrant workers are efficiently and objectively informed, nor protected against the manoeuvres of certain intermediaries who have an interest in encouraging migration by every possible means, including the dissemination of erroneous information on the possibilities and conditions of emigration. The Convention does not define the measures governments should take to combat misleading propaganda, so it is up to them to decide the nature of such measures. The Committee notes that, in practice, measures taken by governments to combat misleading propaganda are either preventive or repressive (See General Survey on migrant workers of 1999, paragraphs 214 and 217). In the absence of any recent information on the measures taken to combat effectively misleading propaganda, the Committee reiterates its requests to the Government: (i) to provide information on the specific activities of the Migration Office and the Agency of Employment Abroad in this regard; and, more generally, (ii) to indicate whether the legal framework regulates, supervises and provides for sanctions in response to the dissemination of misleading information aimed at encouraging emigration or immigration.

Article 9. Remittances. The Committee notes that, both the ADB study and the CMW concluding observations, point out that migration for work is an important livelihood option for many households in Tajikistan (a third of the country’s Gross Domestic Product) due to limited job opportunities and that the economic crisis and worldwide shutdown induced by the coronavirus disease (COVID-19) have caused international migration flows to fall, and that remittances are projected to decline significantly (by 7 per cent). The Committee notes that the Government indicated, in its report to the CMW, that: (1) amendments were made in March 2018 to instruction No. 204 concerning procedures for money transfers with a view to facilitating the receipt of remittances by individuals without the need for a bank account; and (2) the National Bank of Tajikistan has recommended that credit organizations open branch offices in remote mountainous regions to facilitate access to funds transferred from abroad. The Committee however notes the concerns of the CMW over the fact that in, February 2016, the National Bank of Tajikistan issued an order requiring all money transfers in Russian roubles by individuals without bank accounts to be issued only in the national currency of the State party, and that, owing to the unfavourable official exchange rate, recipients of remittances from the Russian Federation continue to lose money (CMW/C/TJK/CO/2, paragraph 42). The Committee asks the Government to indicate: (i) how the amendments made in 2018 to instruction No. 204 have facilitated concretely the receipt of remittances by migrant workers without a formal bank account; and (ii) whether the 2016 order issued by the National Bank of Tajikistan is still in force or has also been amended to facilitate the transfer of earnings and savings by migrant workers in the Russian Federation with preferential rates.

Enforcement. In order to be able to undertake a comprehensive analysis of the manner in which the Convention is applied in practice, the Committee once again urges the Government to provide information, as completely as possible, in accordance with Parts III–V of the report form approved by the Governing Body. Such information should include: (i) an indication of the competent authorities entrusted with the application of the relevant laws, regulations, policies, and administrative decisions, including information on the organization and role of labour inspection; (ii) a summary of any court decisions involving questions of principles relating to the application of the Convention; and (iii) information on any practical difficulties encountered in the application of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the entry into force of the new Law on Trade Unions (2011) and the new Labour Code (2016). In this connection, the Committee notes that the Law on social partnership, agreements and collective accords has been repealed.

Articles 1, 2 and 6 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee had previously requested the Government to clarify whether dissuasive sanctions against acts of anti-union discrimination and acts of interference vis-à-vis public servants not engaged in the administration of the State are included in the legislation and to provide the reference to the relevant sections of the Criminal Code or to any other legislation applicable. The Committee notes the Government’s indication that civil servants are workers and thus enjoy freedom of association rights. The Government further indicates that trade unions exist at all state institutions and that their members and leaders were protected by the same provisions of the Criminal Code and the Labour Code as other workers.

Article 4. Right to collective bargaining. The Committee notes that sections 1, 290, 291, 301, 306 and 307 of the Labour Code envisage representation of workers, including for the purpose of collective bargaining at all levels, by representatives other than trade unions, regardless of the existence of a trade union at a particular enterprise or at a higher level. The Committee recalls that direct negotiation between the undertaking and workers’ representatives, bypassing representative trade unions might be detrimental to the principle that negotiation between employers and organizations of workers should be encouraged and promoted. The Committee requests the Government to amend the legislation so as to ensure that it is only in the event where there is no representative trade union at the workplace (or at the higher level) that the right to bargain collectively is conferred to the workers’ representatives. It requests the Government to provide information on all measures taken or envisaged in this respect.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes with regret that the Government’s report once again contains no information in response to a number of its previous comments. The Committee wishes to reiterate that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including any progress achieved since its ratification. The Committee hopes that the next report will contain full information on the issues raised below.

Articles 1 and 2 of the Convention. Gender wage gap. Private sector. In its previous comments, the Committee noted the persistence of both the gender wage gap and occupational gender segregation. It also noted that agricultural workers were still paid the lowest wage in the economy (367.59 Tajikistani Somoni (TJS) for men and TJS211.34 for women, approximately US$39 and $22 respectively) and that women were concentrated in the informal economy and in low-paid jobs. The Committee therefore requested that the Government step up its efforts to address the gender wage gap, particularly in the agricultural sector, and that it provide information on the measures taken in this regard. It also requested that the Government provide information on the measures taken to improve access of women to a wider range of job opportunities at all levels to address the occupational gender segregation. The Committee notes, from the Government’s report, the adoption of a national strategy to enhance the role of women and girls 2011–20 and a state programme on the education, selection and appointment of managerial positions in the Republic of Tajikistan from among capable women and girls 2007–16. With regard to the fact that workers with the lowest paid jobs are found in the agricultural sector, the Government indicates that trade unions intend to make proposals to amend the General Agreement for the period 2018–20. The Government also indicates, in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that as a result of the state programme, in 2017, 1,002 women in need of special social protection were provided with employment and that 528 entrepreneurial initiatives from women received financial assistance. Further, the Committee notes, from the Government’s sixth periodic report submitted under the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the establishment of presidential grants to support and develop women’s entrepreneurial activities in 2016–20, the Plan of Action of the National Strategy on promoting the role of women 2015–20 and the National Development Strategy of the Republic of Tajikistan for the period up to 2030, which includes a special section addressing existing problems of inequality and discrimination, particularly for women in rural areas, and ways of resolving them (CEDAW/C/TJK/6, 2 November 2017, paragraph 136). The Committee requests the Government to provide detailed information on the measures taken in the framework of the abovementioned policies to improve the access of women, especially women in rural areas, to job opportunities at all levels, including as managers of farms, and on the impact of such measures. The Committee further requests the Government to pursue its efforts to address the gender wage gap, particularly in the agricultural sector, and to provide information on the measures taken in this regard and the results obtained with regard to achieving pay equity. Finally, noting the absence of information provided in this regard, the Committee once again requests the Government to provide detailed and up-to-date statistics on wages of women and men, including sex disaggregated data by industry and occupational category.

Civil service. In the absence of any information provided in this regard, the Committee once again requests the Government to indicate how it ensures equal remuneration for men and women for work of equal value in the civil service in practice and to provide statistical information disaggregated by sex on the distribution of men and women in the various occupations and grades in the civil service, and their corresponding earnings.

Article 2. Legislation. In its previous comments, the Committee asked the Government to clarify whether section 102 of the Labour Code and section 13 of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005, both provided for equal pay for “work of equal value” or for “equal work”. The Committee takes due note that the wording of section 140 of the new Labour Code 2017 and section 13 of the above-mentioned Framework Law of 2005 both guarantee equal remuneration for work of equal value. Noting however that, once again, the report is silent on the application of these provisions in practice, the Committee stresses that the continued persistence of significant gender pay gaps requires that governments, along with employers’ and workers’ organizations take measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 669). Consequently, the Committee reiterates its request to the Government that it provide information on the practical application of section 140 of the Labour Code 2017 and section 13 of Framework Law No. 89 of 1 March 2005.

Article 3. Wage determination. The Committee previously noted the adoption of Government Decree No. 98 of 5 March 2008, to approve the concept of wage reforms in the Republic of Tajikistan, which provides, among others, for mechanisms of state regulation of wage determination. In this context, it requested the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being taken into account. The Committee notes that the Government has not provided any information in this regard. The Committee therefore once again requests the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being taken into account in the context of state regulation of wage determination.

Article 4. Collective agreements. The Committee previously requested the Government to provide examples of collective agreements covering different sectors, to indicate how these agreements promote the principle of equal pay for work of equal value, and to indicate the percentage of the workforce covered by collective agreements. The Committee takes note of the Government’s indication that there are 20 sectorial trade union committees covering all sectors of employment. The Government also indicates that trade union committees work with employers on basic wage agreements and collective agreements. While taking due note of the information provided, the Committee notes that the Government does not indicate how collective agreements promote the principle of the Convention. The Committee therefore once again requests the Government to provide examples of collective agreements covering different sectors and to indicate how these agreements promote the principle of equal remuneration for men and women for work of equal value. It also requests the Government to indicate the percentage of the workforce covered by collective agreements, disaggregated by sex.

Enforcement. The Committee previously noted that a Coordinating Council on Gender Issues has been established in the Ministry of Labour and Social Protection and the State Labour Inspectorate to monitor discrimination against women in the labour market and requested the Government to provide information on its activities regarding equal remuneration for men and women. The Committee also requested the Government to provide information on cases of violations of the principle of equal remuneration dealt by the labour inspectorate or the courts. The Committee notes the Government’s indication that no complaints regarding remuneration have been recorded. The Committee once again requests the Government to provide information on the activities of the Coordinating Council on Gender Issues to monitor sex-based discrimination regarding remuneration. With regard to the lack of complaints, the Committee refers the Government to its comments under Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and requests the Government to indicate the measures taken or envisaged to ensure that the principle of the Convention is enforced by the courts and the labour inspectorate. Once again, the Committee requests the Government to provide information on the number of violations of section 140 of the Labour Code dealt with by the Ministry of Labour and Social Protection and the State Labour Inspectorate, and indicate whether the courts have dealt with any cases concerning the principle of equal remuneration for men and women for work of equal value.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee takes note of the information provided by the Government concerning Article 3(2) and (3) with respect to compulsory postnatal leave and Articles 2 and 4(3) as regards medical benefits awarded to foreign women workers.

Article 4(3) of the Convention. Free medical care and types of medical benefits. According to section 5 of the Medical Insurance Act of 2008, protected persons are entitled to basic programme of compulsory medical insurance which defines the volume and conditions of medical care and medicines provided free of charge, and to supplementary programmes of complementary medical insurance which defines the care, medicines, rehabilitation and health promotion services involving cost sharing by the beneficiaries. The Committee asks the Government to specify which types of pregnancy, prenatal, confinement and postnatal care by qualified midwives or medical practitioners are provided under the basic and supplementary programmes respectively.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political views. The Committee previously noted that certain provisions on the Criminal Code provide for sanctions of imprisonment for situations that might be covered by Article 1(a) of the Convention. It also noted that sanctions of imprisonment involve compulsory prison labour by virtue of section 107(1) of the Code on the Execution of Criminal Sentences. The Committee requested the Government to provide information on the application in practice of these provisions.

The Committee notes the Government’s indication in its report that a request was sent to the Ministry of Justice regarding the application of section 189 of the Criminal Code, and Article 1 of the Convention, and a response shall be sent to the Committee once it is received by the Government.

The Committee once again refers to section 189 of the Criminal Code under which “propaganda of the exclusiveness of citizens by a sign to religion, national racial, or local origin, if these actions were committed in public or using means of mass media are punishable by up to five years of restriction of liberty or imprisonment for the same period”. The Committee also notes that under section 137, public insults of the President using press or other media are punishable by correctional labour up to two years, or imprisonment for a period of two to five years. Section 330(2) also provides that public insult of an official in mass media is punishable by a fine or confinement for a period of two to six months, or up to two years of imprisonment. The Committee further notes that in its concluding observations of 2013, the UN Human Rights Committee remained concern at the existence of penal provisions on liable and insult against the President (section 137) and insult against government representatives (section 330(2)) (CCPR/C/TJK/CO/2, paragraph 22).

In this regard, the Committee recalls, referring to paragraphs 302–304 of its General Survey of 2012 on the fundamental Conventions, that sanctions involving compulsory labour, including compulsory prison labour, are incompatible with Article 1(a) of the Convention where they enforce a prohibition of the peaceful expression of non-violence views or of opposition to the established political, social or economic system. The Committee therefore requests the Government to provide information on the application in practice of sections 137, 189 and 330(2) of the Criminal Code, as well as copies of any court decisions defining or illustrating their application to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

Article 1(c). Penal sanctions applicable to public officials. The Committee previously noted that, under section 322(1) of the Criminal Code (“Negligence”), the non-performance or improper performance by a public official of his/her duties as the result of a negligent attitude, causing substantial harm to the legitimate rights and interests of persons or organizations, or to state interests, is punishable by compulsory community works or correctional labour. Noting that the Government’s report contains no information on this issue, the Committee once again requests the Government to provide information on the court decisions handed down pursuant to section 322(1) of the Criminal Code, which could define or illustrate its application, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

Article 1(d). Sanctions for participating in strikes. The Committee previously noted that section 160 of the Criminal Code provides that organizers of public meetings, assemblies, rallies, demonstrations and picketing conducted in violation of the established procedure are punishable with sanctions of imprisonment (involving compulsory prison labour). The Committee requested the Government to provide information on the measures taken or envisaged with a view to ensuring that no penal sanctions involving compulsory labour can be imposed on a worker for the mere fact of a peaceful participation in a strike. The Committee notes the Government’s indication that a request was sent to the Ministry of Justice regarding the application of section 160 of the Criminal Code, and a response shall be sent to the Committee once it is received by the Government. The Committee notes the Government’s indication in its report submitted under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that section 160 of the Criminal Code proposes penalties for breaching the procedures governing the organization of rallies and demonstrations or, in some circumstances, a prison sentence of two years. Participants in peaceful strike action bear no criminal liability. While noting this information, the Committee requests the Government to provide information on the application in practice of section 160 of the Criminal Code, particularly on the relevant court decisions handed down under this section, and the penalties imposed.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations from the International Trade Union Confederation, received on 11 September 2019.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee recalls its previous comments noting that the grounds of “colour” and “social origin”, which were prohibited grounds of discrimination in the 1997 Labour Code, are no longer covered by section 7 of the 2016 Labour Code, and that the ground of “social status” mentioned in the 2016 Labour Code is narrower than “social origin” mentioned in the Convention. In its previous comments, the Committee also recalled that section 2 of the Law on Civil Service No. 223 of 5 March 2007 provides that “citizens shall have equal rights to be recruited by the civil service, irrespective of the nationality, race, gender, language, religion, and political views, social and proprietary status” but that it does not include the ground of “colour”. The Committee notes the Government’s indication in its report that it acknowledges that the “concept of skin colour” is not covered by national legislation, including in relation to the civil service. It also welcomes the Government’s indication, in its additional information, according to which working groups are discussing possible amendments to the legislation with a view to including the prohibition of discrimination against “skin colour” in article 7(2) of the Labour Code. The Committee draws the Government’s attention once again to paragraph 853 of its General Survey of 2012 on the fundamental Conventions, according to which where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds of discrimination specified in Article 1(1)(a) of the Convention. The Committee therefore asks the Government to take the opportunity to amend section 7 of the Labour Code to ensure that the grounds of “colour” and “social origin” are expressly included as prohibited grounds of discrimination. It also asks the Government to take the necessary steps to amend section 2 of the Law on Civil Service No. 223 of 5 March 2007 to include the grounds of “colour” and “social origin”, in order to ensure that discrimination is prohibited on the basis of at least all of the grounds set out in Article 1(1)(a) of the Convention both in the private and public sectors. It asks the Government to provide information on the progress achieved to this end.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.

Discrimination based on sex. Sexual harassment. In its previous comments, the Committee recalled its 2002 general observation highlighting the importance of taking effective measures, including legislative measures, to address both forms of sexual harassment (quid pro quo and hostile environment) in employment and occupation. The Committee notes the Government’s indication that it is developing a legislative and regulatory framework to prevent violence against women and to offer assistance to victims of violence. In its supplementary information, the Government also mentions the adoption of the Free Legal Aid Act (2020), which ensures that free legal aid is available to people from all walks of life, including the victims of sexual harassment, regardless of their gender.While welcoming this information, the Committee would like to draw the Government’s attention once again to paragraphs 789–794 of its 2012 General Survey on the steps necessary to ensure prevention from, and protection against, sexual harassment of both men and women in employment and occupation. In particular, the Committee notes that, without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation will effectively address all forms of sexual harassment (paragraph 791). The Committee therefore asks the Government to include in the labour legislation a comprehensive definition and an explicit prohibition of both quid pro quo and hostile environment sexual harassment and to provide information in this regard. The Committee also asks that the Government take practical steps to address sexual harassment against both men and women workers in the public and private sectors, including through the provision of help lines, legal assistance or support units to assist victims of sexual harassment, reporting and complaint mechanisms, the formulation and implementation of codes of conduct or related guidelines, awareness-raising and training activities for workers, employers and their respective organizations and enforcement officials. The Committee asks the Government to provide detailed information on any measures taken in this regard.

Articles 1(1)(a) and 5. Restrictions to the employment of women. Protective measures. In its previous comments, the Committee noted that the Labour Code provides for restrictions on women’s employment as well as special measures for women. The Committee notes the Government’s reiterated indications regarding the legal framework applicable to the work of women. The Committee notes, from the supplementary information, that while the Government indicates that it is devoting every effort to achieving a transition from its frequently defensive approach to women’s employment, to an approach geared to the encouragement of gender equality and the elimination of discriminatory laws and practices, it also states that it considers the prohibition of employment of women in unsafe, underground and hazardous working conditions as a fundamental principle. In this regard, the Government indicates that the list of occupations where women’s employment is prohibited, under section 216 of the Labour Code is contained in the Government Decision No. 179 of 4 April 2017, entitled “List of occupations in which it is prohibited to employ women and the rules concerning the maximum loads they may lift and handle manually”.

The Committee draws the Government’s attention to the major shift that has occurred over time to move from a purely protective approach concerning the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. It recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see the General Survey of 2012, paragraph 839). The Committee further recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Restrictions on women’s employment (“non-pregnant” and “non-nursing” women) are contrary to the principle of equality of opportunity and treatment between men and women, unless they are genuine protective measures put in place to protect their health. This protection must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protective purposes. The Committee further recalls that it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access the types of employment concerned on an equal footing with men (see General Survey of 2012, paragraph 840). The Committee emphasizes the need to review the provisions of the Labour Code restricting the work of women with children under a certain age (3 years for example) in the light of gender equality and, in particular, the importance of reconciling work and family responsibilities for workers of both sexes. It points out that measures aimed at reconciling work and family should be available to men and women with family responsibilities on an equal footing. The Committee therefore asks the Government to review its approach regarding restrictions on women’s employment in light of the above principles to ensure that protective measures are limited to maternity protection in the strict sense or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women. It asks the Government to provide information on any development in this regard. The Committee also asks the Government to provide a copy of the Government Decision No. 179 of 2017, entitled “List of occupations in which it is prohibited to employ women and the rules concerning the maximum loads they may lift and handle manually”.

Articles 1(2) and 5. Inherent requirements and special measures of protection and assistance. The Committee recalls its request concerning the interpretation of section 7(2) of the 2016 Labour Code regarding “inherent requirements of a particular job” and “special care for persons in need of increased social protection”. The Committee would like to draw the Government’s attention to the distinction to be made between those two exceptions. As far as “inherent requirements of a particular job” are concerned, the Committee recalls that there are very few instances where the grounds listed in the Convention actually constitute inherent requirements of the job and that this exception has always been interpreted in a restrictive manner. The distinctions made on the basis of inherent requirements of a particular job should be determined on an objective basis and take account of individual capacities, otherwise such practices may then come into conflict with the Convention’s provisions calling for the implementation of a policy designed to eliminate discrimination (see the General Survey of 2012, paragraphs 827–831). Special measures of protection and assistance, under Article 5 of the Convention, are important for ensuring equality of opportunity in practice as they address specific needs or the effects of past discrimination with a view to restoring a balance (see the General Survey of 2012, paragraphs 836–837). Noting that the Government’s report only contains information regarding measures taken to protect women, minors and persons with disabilities, the Committee asks the Government to provide examples of jobs for which there are inherent requirements that would not be considered discriminatory, as envisaged under section 7(2), and a copy of any administrative or judicial decisions in relation to inherent requirements of a particular job.

Article 1(3). Prohibition of discrimination at all stages of employment. Private sector. In its previous comments, the Committee requested the Government to confirm that section 7(1) of the Labour Code – which prohibits discrimination in “labour relations” – also covers access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. In its additional information, the Government indicates that section 7(1) of the Labour Code fails to address all areas of employment and occupation, and that it will examine the question of revising the legislation in this regard. The Committee therefore asks the Government to: (i) clarify the areas of employment covered by section 7(1) of the Labour Code, and (ii) take all the necessary measures to amend the Labour Code, without delay, to ensure that the prohibition of discrimination covers all areas of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. In the meantime, the Committee asks the Government to provide information on how it is ensured that the principle of non-discrimination is applied in practice to all areas of employment.

Civil service. The Committee recalls that in its previous comments it noted that section 2 of the Law on Civil Service No. 223 of 5 March 2007 only covers recruitment. It notes, from the additional information, the Government’s statement that in the course of their duties in the public service, public officials are governed by the Labour Code, which bans all forms of discrimination and guarantees protection for workers’ rights. The Government also refers to sections 34–41 of the Law on Civil Service which provide that civil servants enjoy the protection of all labour rights including in relation to working hours, wages, leave and social benefits, and declares that, for these reasons, it does not consider it necessary to amend the Law on Civil Service. Noting that section 7(1) of the Labour Code does not cover all areas of employment, the Committee asks the Government to ensure that civil servants are protected against discrimination in all conditions of employment (working time, wages, bonuses, occupational safety and health, etc.). The Committee also asks the Government to provide information on the application in practice of sections 31–41 of the Law on Civil Service No. 223 of 5 March 2007, for example on any cases of discrimination in employment or occupation brought to the relevant authorities by civil servants.

Article 2. National equality policy with respect to grounds other than sex. Noting that the Government’s report does not contain any information in this regard, the Committee reiterates its request for information on the steps taken or envisaged to adopt and pursue a national policy on equality of opportunity and treatment in employment and occupation addressing the other grounds protected by the Convention, namely race, colour, national extraction, religion, political opinion and social origin, as required by Article 2 of the Convention.

Promoting access of girls and women to education and vocational training. Recalling its previous request for information on any specific measures taken to improve women’s and girls’ educational opportunities and the results achieved, the Committee notes that the Government indicates that, in 2019, with the assistance of the Labour and Employment Agency (LEA) and within the State Programme to Promote Employment, 13,749 persons, of which 10,311 were women, attended vocational training through short courses at vocational education institutions for adults. The Government further indicates that women may also acquire vocational training in occupations required by the labour market through fee-paying short courses within the LEA system and receive certificates of existing labour skills, through the recognition and validation of adults’ competencies. With reference to its 2019 observation on this Convention, the Committee hopes that the various measures taken by the Government to promote gender equality, including by fighting gender stereotypes, will also improve the access of girls and women to education and vocational training. The Committee asks the Government to pursue its efforts to improve girls’ and women’s enrolment in secondary and higher levels of education and to encourage their participation in a wider range of vocational training courses including in technical areas, and to provide information on the results achieved. The Committee also asks the Government to provide statistical information disaggregated by sex on the participation rates of men and women in the various types and levels of education and training courses.

Article 4. Persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee recalls that measures of state security – which are an exception under Article 4 of the Convention – should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention. The Committee asks the Government to provide detailed information on the content of any provisions of its national legislation that would restrict or prohibit a person from accessing employment or particular occupations or allow different treatment of persons because they are suspected of, or engaged in, activities prejudicial to the security of the State. It also asks the Government to provide information on the specific procedures establishing the right of appeal available to persons affected by such measures.

Awareness-raising and enforcement. The Committee notes the ITUC’s indication that the Government has not provided any information on the activities of the Committee for Women’s and Family Affairs (CWFA) nor on the number of complaints that it has dealt with. In its supplementary information, the Government indicates that, in the reporting period, the law enforcement agencies did not find a single case involving a breach of the non-discrimination principle in the labour and employment sphere, and neither did the competent national bodies receive any complaint citing labour discrimination. The Committee also notes the Government’s general indication that the competent national bodies regularly conduct educational programmes to improve public understanding of the application of the non-discrimination laws. In this regard, the Committee would like to draw the Government’s attention to the fact that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the General Survey of 2012, paragraph 870). The Committee therefore asks the Government to identify the specific measures taken or envisaged to raise awareness among workers, employers and their respective organizations as well as enforcement officials and the general public, of the anti-discrimination provisions in the legislation, and to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. The Committee asks the Government to continue to provide information on the number of inspections carried out during the reporting period and the violations of the principle of non-discrimination in employment and occupation detected by, or reported to, the labour inspectors and dealt with by the courts, identifying if possible the ground of discrimination concerned and the outcome of the case. The Committee also asks that the Government provide information on the activities of the Committee for Women’s and Family Affairs (CWFA) concerning the handling of complaints of discrimination in employment and occupation and on the promotion of gender equality.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the International Trade Union Confederation (ITUC), which were received on 11 September 2019.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

Article 2 of the Convention. Equality of opportunity and treatment between men and women. The Committee notes the discussion in the Committee on the Application of Standards (CAS) of the International Labour Conference, at its 108th Session (June 2019), on the application of the Convention, and the conclusions adopted. The conclusions of the CAS called upon the Government to: (1) report on the concrete measures taken to ensure that direct and indirect discrimination on all grounds is prohibited in law and in practice; and (2) provide without delay information on the implementation in practice of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005 (Law on State Guarantees of 2005).

The Committee welcomes the detailed information provided by the Government in its report regarding the legislative framework and the policies and programmes developed and implemented with respect to equality of opportunity and treatment between men and women. The Committee notes, in particular, that the Government acknowledges that gender equality cannot be achieved if laws and policies are not implemented in practice and indirect discrimination persists. The Government adds that in order to detect indirect discrimination the country’s legislation in this area needs to be improved and the first priority is to amend the national legislation. It also indicates that to improve policy to ensure de facto gender equality, the National Development Strategy for 2030 provides for the following measures: (1) improving legislation in order to realize the State guarantees of creating equal opportunities for women and men; (2) developing institutional mechanisms to introduce national and international obligations to ensure gender equality and expand women’s opportunities in sectoral policies; (3) activating mechanisms for the literacy and social inclusion of women, including rural women; (4) boosting the gender capacity and gender sensitivity of staff members at agencies in all branches of government; and (5) introducing gender budgeting setting in the budget process. The Committee welcomes the Government’s indication that, with a view to achieving de facto gender equality, a working group on the improvement of laws and regulations to eradicate gender stereotypes, protect women’s rights and prevent domestic violence has made proposals on introducing the concepts of direct and indirect discrimination, temporary measures, and compulsory gender analysis of laws. As regards the Law on State Guarantees of 2005, the Committee notes that in 2018, the Committee for Women’s and Family Affairs (CWFA) monitored its implementation, by collecting and analysing data from central ministries and agencies, and selected local executive authorities. The Government further states that a report, which includes an analysis of the implementation of the law’s articles, and conclusions and recommendations to improve its monitoring and implementation, was prepared in this regard.

The Committee notes from ITUC’s observations that it regrets the lack of concrete information provided by the Government to the supervisory bodies, which would enable a more comprehensive assessment of the situation in the country. It further notes that ITUC emphasizes the need not only to draft laws but also to implement specific policies to eliminate all forms of discrimination and take proactive measures to identify and address the underlying causes of discrimination and gender inequalities deeply entrenched in traditional and societal values. The Committee notes ITUC’s statement that the very name of the body responsible for the implementation of the national policy to protect and ensure the rights and interests of women and their families, the “Committee for Women’s and Family Affairs”, raises an issue because it appears to enshrine the idea that women are the only ones who have to assume responsibilities in relation to their families. In this regard, the Committee notes the Government’s indication that, with the aim of eradicating stereotypes about the roles and duties of women and men in the family and society, and to boost awareness of and ensure equal rights and opportunities for men and women, a range of measures were implemented for different sections of society and the possibilities of the mass media are widely used. More than 200 programmes on understanding the importance of ensuring equal rights and opportunities for men and women were prepared and broadcasted by the members of the CWFA. In its supplementary information, the Government also indicates that it is taking every measure to root out gender discrimination against women based on stereotyped ideas of their capabilities and role in society, which contradict the Convention and hinder women’s recruitment and employment.

The Committee notes the Government’s statement that expanding economic opportunities for women and their competitiveness in the labour market, and the development of their entrepreneurial activities play a key role in ensuring gender equality. In this regard, it notes the detailed information regarding measures adopted to support the development of women entrepreneurship, through the allocation of grants, access to microcredit and an inter-agency working group to support women’s entrepreneurship operating under the State Committee for State Property Investment and Management. The Government also indicates that further to the adoption of concluding observations in 2018 by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW/C/TJK/CO/6, 14 November 2018, paragraph 37), it has formulated, through broad discussions with the civil society, and adopted in May 2019, a National Plan of Action to Implement the Recommendations of the CEDAW 2019–22. In this regard, the Committee notes that the CEDAW, while welcoming the measures taken to support women entrepreneurs and to regulate domestic work and work from home, expressed concern inter alia about the following: (1) the concentration of women in the informal sector and in low-paying jobs in the healthcare, education and agriculture sectors; (2) the low level of participation of women in the labour market (32.6 per cent) and the low employment rate among women (40.5 per cent), compared with men (59.5 per cent); (3) the absence of social security coverage, the shortage of preschool facilities and family responsibilities non compatible with paid work, which make women particularly prone to unemployment; (4) the adoption in 2017 of the list of occupations for which the employment of women is prohibited; and (5) the lack of access to employment for women with a reduced capacity for competitiveness, such as women with disabilities, mothers with several children, women heads of single-parent families, pregnant women and women who have been left behind by male migrants.

With respect to the employment of women in the civil service, the Committee welcomes the various steps taken by the Government. It notes the indication that, as at 1 July 2019, there were 18,835 active civil servants in total (19,119 as at 1 January 2019), including 4,432 women, which represented 23.5 per cent of civil servants (4,441 or 23.2 per cent as at 1 January 2019). In leadership positions, there were 5,676 persons representing 30.1 per cent of all civil servants and 1,044 of them were women (18.4 per cent in such positions). The Committee further notes, from the Government’s additional information, that as at 1 April 2020, women represented 23.7 per cent of civil servants, and 19.1 per cent of leadership positions. With a view to promoting gender equality in the civil service, the Government adds that the Civil Service Agency (CSA) together with all State bodies is taking appropriate steps to recruit women to the civil service at all levels of public administration. The Committee notes the Government’s indication that, in the first half of 2019, the CSA together with the Institute for State Administration held 24 professional training courses for civil servants, including four retraining and 20 professional development courses, which were attended by 977 persons – 236, or 24.1 per cent, of whom were women. In line with the requirements of State statistical report form No. 1-GS, “Report on the quantitative and qualitative composition of civil service”, the CSA also conducts quarterly monitoring and draws up statistical reports on the number of civil servants, including women, the results of which are transmitted to the appropriate State bodies and discussed at board meetings for the necessary steps to be taken. The Government also mentions positive measures adopted to promote the employment of women in the civil service, through the implementation, since 2017, of the State Programme on the Development, Selection and Placement of Gifted Women and Girls as Leading Cadres of Tajikistan 2017–2022; the establishment of incentives and quotas for women; and, on first appointment to the civil service, the granting of three additional steps on the grading scale, pursuant to Presidential Decree No. 869 adopted in 2017. According to the Government, as a result of implementing those measures, 36 women were recruited to various civil service positions in the first half of 2019.

Welcoming the positive developments regarding the promotion of gender equality in employment and occupation both in the private and the public sectors, the Committee asks the Government to pursue its efforts to foster equality opportunity and treatment between men and women in employment and occupation and, in particular, to take appropriate steps, including through amending legislation, to address indirect discrimination and occupational gender segregation. The Committee asks the Government to provide information on the content, conclusions and recommendations of the report prepared to analyse the implementation of the Law No. 89 on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights of 2005, as well as on any follow-up measures taken in this regard. The Committee also asks the Government to continue to provide detailed information on the situation of men and women in employment and occupation, both in the private and public sectors, as well as on the results of any positive measures taken to improve women’s access to employment, and their results. Noting that the Government’s report does not contain any information on any concrete measures taken, and their results, to address direct and indirect discrimination based on grounds other than sex, the Committee asks the Government to provide such information in its next report.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2 of the Convention. Formulation and implementation of a policy concerning nursing services and nursing personnel. In its previous comments, the Committee requested the Government to communicate copies of Ordinance No. 7 of 10 January 2000 establishing the national nursing care centre as well as any other official texts adopted in the context of the implementation of its policy on nursing services and nursing personnel. The Committee notes that the Government’s report does not provide this information. The Government refers to the establishment of the Tajik Nursing Association in 1997, indicating that the Association aims to bring together Tajikistan’s nurses and midwives, strengthen their role in maintaining public health care and enhance advocacy for nursing. The Government adds that the Midwives Association of Tajikistan was established on 16 October 2014, in order to enhance the prestige of midwives and develop their knowledge. The Committee notes that, according to a 2016 report of the European Observatory on Health Systems and Policies (the EO report) entitled Tajikistan: Health System Review, the number of nurses per 100,000 population in Tajikistan declined, from 597 in 1990 to 350 in 2004, before increasing again to 444 in 2013. Despite this more recent increase, the EO report indicates that the ratio of nurses in Tajikistan to population size remains one of the lowest in the region and that, in addition, Tajikistan’s health-care system suffers from pronounced regional imbalances, with health-care workers concentrated in urban areas, notably in Dushanbe, due to challenges in rural and remote areas that include low salaries, outdated medical equipment and the poor condition of health facilities. The EO report refers to incentives introduced by the Ministry of Health and Social Protection aimed at improving the distribution and motivation of health-care workers, to attract them to rural and remote areas. The Committee requests the Government to provide in its next regular report, due in 2018, detailed information on the impact of measures taken in the framework of its policy concerning nursing services and nursing personnel and which are aimed at attracting and retaining nursing personnel, including midwives, particularly in rural and remote areas of the country, as well as statistical information reflecting trends in this sector. It further requests the Government to provide information regarding the consultations held with the social partners with respect to the formulation and implementation of the policy, as called for under Article 2 of the Convention. The Committee once again requests the Government to provide a copy of Ordinance No. 7 of 10 January 2000 establishing the national nursing care centre and any other official texts adopted in the context of the implementation of its policy on nursing services and nursing personnel.

Articles 3 and 4. Basic requirements in relation to teaching and training. The right to exercise the profession. In its previous comments, the Committee requested the Government to indicate the basic requirements in relation to the teaching and training of nursing personnel, and the conditions governing the right to practice nursing care and services. The Government indicates that the national nursing centre and regional nursing centres in Sughd Region, Khatlon Region and the Gorno-Badakhshan Autonomous Region were set up as of 10 January 2000 in order to coordinate the development of nursing in Tajikistan, to develop educational policy at both the graduate and post-graduate levels and to review practice among intermediate medical staff. In accordance with Ministerial Order No. 877 of 17 October 2014, courses to enhance the qualifications of intermediate medical staff are being held at the national nursing centre to enhance the knowledge, professional competencies, practical skills and abilities of intermediate medical staff. The Government indicates that there are currently 23 medical colleges in Tajikistan (16 public and seven private) where training is provided for intermediate medical staff with various specialties. The Committee notes the indication in the EO report that nursing is still poorly developed and many nurses are underqualified. According to the EO report, reforming medical education has been one of the key directions of reform, with upgraded nursing training. The Committee further notes from the EO report that a nursing faculty has been established at the Postgraduate Medical Institute, and nurse training has been upgraded to a four-year course. Retraining is also provided through a six-month continuing medical education course for physicians and nurses who wish to retrain in the area of family medicine. The Committee once again requests the Government to indicate the basic requirements in relation to the teaching and training of nursing personnel, and the conditions governing the right to practice nursing care and services. It also once again requests the Government to provide a copy of any relevant law or regulation in this regard.

Article 5. Consultations with nursing personnel. The Government indicates that the Tajik Nursing Association was established under the auspices of the American International Healthcare Alliance in 1997 in order to bring together Tajikistan’s nurses and midwives, to strengthen their role in maintaining public health care and to enhance advocacy for nursing. The Tajik Nursing Association, together with the National Nursing Centre, drew up an Ethical Code for Nurses. The Midwives Association of Tajikistan was later established on 16 October 2014 with the aim of bringing together the country’s midwives, enhancing their prestige and their role in society and developing their knowledge. The Committee requests the Government to provide further information on the measures taken to promote the participation of nursing personnel in the planning of nursing services. It also requests the Government to provide information on the consultations held with such personnel, including the Tajik Nursing Association and the Midwives Association of Tajikistan, on decisions concerning them, in a manner appropriate to national conditions. The Committee further requests the Government to provide additional information on the application of the Ethical Code for Nurses.

Article 6. Conditions of employment. The Government indicates that intermediate medical staff are employed in accordance with the Labour Code. Government or sectoral awards are granted in accordance with length of service and particular merit. For intermediate medical staff, the working day lasts between eight and 14 hours. Overtime is not compensated. Weekly rest days, annual paid leave, study leave, pregnancy and maternity leave, sick leave and social security are also provided for under the Labour Code. Recalling the requirement set out by the Convention that nursing personnel shall enjoy conditions of employment at least equivalent to those of other workers, the Committee requests the Government to indicate the provisions guaranteeing that nursing personnel enjoy conditions of employment and work at least equivalent to those of other workers in relation to hours of work, including regulation and compensation of overtime, inconvenient hours and shift work.

Articles 7 and 8 of the Convention. Employment, unemployment and underemployment statistics. Statistics on the structure and distribution of the economically active population. The Committee notes the information provided by the Government in its report indicating that indicators for the labour force (previously referred to as the “economically active population”), including on employment, unemployment and time-related underemployment, are derived from the Labour Force Surveys (LFS) which are regularly conducted. The Committee notes that Tajikistan carried out its third LFS in 2016, and the data collected has been communicated to the ILO Department of Statistics for dissemination through the ILOSTAT website. The Government provides information regarding the methodology used as well as a detailed analysis of the results of the 2016 LFS. In this respect, the Committee notes with interest the Government’s indication that the primary difference between the 2016 LFS and the prior LFS conducted in 2004 and 2009 is that the 2016 LFS embraces the new approach to labour statistics adopted at the 19th ICLS in October 2013. The Committee requests the Government to continue to provide updated information on the labour statistics compiled and disseminated as well as on the methodology used. Noting that no information is provided in relation to the population census, the Committee draws the attention of the Government to its obligation to communicate statistical data to the ILO, whether in statistical publications or its National Statistics Office website. It also once again reiterates its request that the Government provide the data collected from the most recent population censuses (Article 5) and the methodological information utilized (Article 6). The Government is also once again requested to provide information regarding plans for conducting the next round of the population census.

Article 9. Statistics of average earnings and hours of work. Statistics of wages and normal hours of work. The Government indicates that the Statistics Office collects and publishes monthly data on average earnings and hours actually worked, broken down by branch of the economy and region. The Government also notes that the Statistics Office collects and publishes annual data on average earnings, disaggregated by gender, type of economic activity and region. Annual data on earnings is published in the “Statistical Yearbook of the Republic of Tajikistan” under the section headed “Earnings”, the electronic version of which can be found on the Office’s website. The Committee further notes the information provided by the Government on working hours (based on the normal working week) collected under the LFS. In addition, the Government transmitted data on nominal average monthly earnings by type of economic activity (for 2019) and by sex. The Government also reports that the national Office of Statistics collects and publishes quarterly data on the number of workers by recruitment, wage structure and distribution and on recruitment by territory, as well as data on the hours worked in different branches of the economy. The Committee notes that the Government has provided data on ‘hours worked’ disaggregated by economic activity. The Committee requests the Government to continue to provide statistics of average monthly earnings disaggregated by sex, region and economic activity. It further requests the Government to provide information concerning annual statistics of hours of work, together with the corresponding methodological descriptions, in accordance with Article 5 of the Convention. In respect of Article 9(2), the Committee once again requests the Government to inform the ILO of any developments with regard to the collection of time rates of wages and normal hours covering important occupations or groups of occupations in important branches of economic activity.

Article 10. The Committee notes that the report does not respond to the Committee’s previous request. The Committee therefore reiterates its request that the Government provide information on further developments, if any, in relation to the structure and distribution of earnings.

Article 12. Consumer price index. The Committee notes that consumer price index (CPI) information is published on a monthly basis by the national Office of Statistics and disseminated on its website in the form of text, tables, and charts, in accordance with the United Nations Classification of Individual Consumption According to Purpose (COICOP). Information on the CPI is regularly included in the monthly publication, “Socio-economic Status of the Republic of Tajikistan”, and annual statistical publications, as well as on the official website of the Office of Statistics. The Committee invites the Government to communicate statistical data compiled on the consumer price index to the Office.

Article 13. Statistics of household expenditure. The Committee once again notes that the Government compiles and publishes statistics on household income and expenditure in the quarterly household budget survey. In this respect, the Government indicates that a nationwide survey of 3,000 household budgets is under way. It adds that the new modules of the survey relating to the labour market and employment have been developed in accordance with the recommendations of the 19th International Conference of Labour Statisticians and its adopted Resolution concerning statistics of work, employment and labour underutilization. The Committee further notes that the statistics derived from the quarterly Household Budgets Survey are set out in the quarterly publication “Food Security and Poverty” and the annual publication “Main Indicators of the Household Budgets Survey”, as well as on the national Office of Statistics website. The Committee invites the Government to continue to provide information on household income and expenditure statistics.

Articles 14 and 15. Statistics of occupational injuries. Industrial disputes. The Government reports that it compiles and publishes statistics of occupational injuries annually. Statistics on occupational injuries are included in the annual publication of the national Office of Statistics and can be accessed on its website. The Committee notes the Government’s indication that it does not, however, gather or process on industrial disputes. The Committee reiterates its request that the Government communicate information to the ILO of any developments concerning the extent to which effect may be given to these Articles in the future, in order to compile and provide statistics and relevant methodological information, in accordance with Article 16(4).

Article 16(4). Provision of information on obligations under Articles not accepted at the time of ratification. The Committee notes that the Government regularly communicates to the ILO Department of Statistics information concerning the topics covered by Articles 11–14 of the Convention, despite its not having accepted these provisions (Article 16(4)). The Committee therefore invites the Government to consider the possibility of accepting the obligations under Articles 11–14, in accordance with Article 16(3), and requests the Government to provide information to the Office regarding any developments in this respect. In addition, the Committee invites the Government to continue to provide updated information and statistics referred to under Articles 11–14 of the Convention.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 2 and 3 of the Convention. National policy on home work. The Committee notes the Government’s brief first report, which indicates that the term “homeworker” is defined in the 2013 “Instructions for regulating labour activity and providing social guarantees for homeworkers working for individual natural persons on the basis of an employment agreement (contract)”, which were approved by the Federation of Independent Trade Unions of Tajikistan, the Taxation Committee of the Republic of Tajikistan and the Ministry of Labour and Social Protection. The Government adds that the concept of “homeworker” is also defined in the new draft Labour Code, which is currently being considered by the Majlisi namoyandagon (House of Representatives) of the Majlisi Oli (Supreme Council) of the Republic of Tajikistan. The Government indicates that the text of the amended Labour Code would be communicated to the Office as soon as it is approved. The Committee requests the Government to provide further information on the definition of homeworker in the 2013 Instructions. The Committee also requests the Government to provide the text of the amended Labour Code, as soon as it is adopted, specifying the provisions of the Labour Code that give effect to the provisions of the Convention. It further requests the Government to provide information on the steps taken to develop, adopt, implement and periodically review a national policy on home work, which aims to improve the situation of homeworkers, and to communicate the text of the policy upon its adoption, as well as to indicate the consultations held with the social partners and organizations representing homeworkers and employers of homeworkers in relation to the national policy.

Article 4. Equality of treatment. The Government indicates that homeworkers enjoy all the guarantees provided under the Labour Code, the Law on State Social Security and other statutory provisions governing the social protection of such workers. The Committee requests the Government to provide information on the manner in which equality of treatment is promoted between homeworkers and other workers in relation to the eight areas provided for in Article 4(2).

Article 6. Statistics. The Government indicates that there are no official statistics on home work. The Committee requests the Government to make every effort to collect and communicate, to the extent possible, specific data on home work, disaggregated by sex, where possible. In this regard, it also requests the Government to provide information on any measures taken or envisaged to collect such statistics.

Article 8. Use of intermediaries. The Committee notes the Government’s indication that private agency service providers may act as a placement agency for employers and workers in relation to home work. The Government adds, however, that the specific responsibilities of placement agencies with respect to home work are not prescribed by legislation. The Committee recalls that their responsibilities may be determined by legislation, regulations or by court decisions. The Committee accordingly requests the Government to provide information on any measures taken or envisaged to establish the respective responsibilities of employers and agencies with respect to the matters covered by the Convention.

Application of the Convention in practice. The Committee requests the Government to provide information on the application of the Convention in practice, by providing extracts from inspection reports as well as information regarding the number and nature of infringements reported and the remedies provided in case of violation of the relevant legislation and regulations. The Government is further requested to provide information on the measures taken to apply Article 7, as well as the types of work and substances prohibited in home work.

Comments adopted by the CEACR: Tajikistan

Adopted by the CEACR in 2021

C032 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C047 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C052 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C095 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C097 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C097 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C103 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

C149 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C160 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C177 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Comments adopted by the CEACR: Tajikistan

Display the list by:

Adopted by the CEACR in 2021

C032 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C047 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C052 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C095 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C097 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C097 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C103 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

C149 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C160 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C177 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)