Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Turkmenistan (Ratification: 1997)

The Committee notes with regret that the Government has not provided its comments to the observations of the International Trade Union Confederation (ITUC) received on 1 September 2022, which alleged inadequate protection of workers in cases of anti-union dismissals. The Committee therefore reiterates its previous request in this regard.

Article 3. Procedures and sanctions against anti-union discrimination and interference. The Committee had previously requested the Government to: (i) take specific measures to raise the awareness of workers concerning their trade union rights, including the right to be protected against anti-union discrimination; and (ii) continue to provide information on the use of sections 304 and 306 of the Code of Administrative Offences to sanction violations of the rights protected under Articles 1 and 2 of the Convention and on potential obstacles to the implementation of these legislative provisions. The Committee notes that, as of the date of the submission of the Government’s report, there have been still no complaints regarding anti-union discrimination or interference. The Government adds that the judicial authorities have likewise not taken any decisions concerning the application of the Convention. Recalling once again that the absence of complaints alleging acts of anti-union discrimination and interference does not mean that there are no violations of the Convention in practice, the Committee reiterates its previous request.

Article 4. Promotion of Collective Bargaining. The Committee recalls that it had previously invited the Government to consider amending sections 340(2), 341(1), 345 and 346 of the Labour Code in the same manner as it had amended section 335 of this Code, by indicating clearly and explicitly that the election of other workers’ representatives for the purpose of collective bargaining was only permitted in the absence of a trade union at the workplace. Based on the information provided by the Government, the Committee understands that there have been no legislative developments in this regard. The Committee therefore reiterates its invitation to the Government to consider amending sections 340(2), 341(1), 345 and 346 of the Labour Code as indicated above.

The Committee notes the information provided by the Government on the number of collective agreements concluded as of 1 January 2024, indicating that 117 agreements were concluded at the sectoral and territorial levels, and 2,843 agreements at the enterprise levels. The Committee requests the Government to continue to provide information on the number of collective agreements concluded and in force, the sectors concerned, indicating the number of workers covered by these agreements.