Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Tajikistan (Ratification: 1993)

The Committee notes the new Law on Social Partnership, Agreements and Collective Accords adopted on 28 July 2006. It further notes the Law on Employers’ Organizations of 2004, the Law on Police Forces of 2004 and the Criminal Code of 1998.

Articles 1, 2 and 3 of the Convention. The Committee had previously noted that section 6 of the Law on Trade Unions prohibited discrimination based on trade union membership and requested the Government to indicate whether there existed legal provisions explicitly providing for speedy and effective procedures and sufficiently dissuasive sanctions against all acts of anti-union discrimination (dismissal, transfer, etc.). The Committee notes sections 58 and 59 of the Labour Code (1997) providing for reinstatement without loss of pay, accompanied by the payment of compensation of additional expenses and moral damages, as well as section 143 of the Criminal Code, which punishes anti-union discrimination by a fine of up to 500 times the minimum salary or imprisonment for up to two years.

The Committee had previously requested the Government to indicate whether legislation provided rapid and effective procedures and sufficiently dissuasive sanctions to ensure protection of workers against acts of interference. The Committee notes, in this respect, section 158 of the Criminal Code which punishes interference in the activities of social associations by a fine of up to 500 times the minimum salary or imprisonment for up to four months.

Article 6. The Committee requests the Government to indicate whether the abovementioned legislative provisions, in particular sections 143 and 158 of the Criminal Code, apply to public servants not engaged in the administration of the State, their trade unions and trade union leaders so as to protect them from anti-union discrimination and from acts of interference.

Article 4. The Committee notes that section 17 of the Labour Code provides that workers’ interests in labour relations may be represented by trade unions and “other bodies elected by workers” and that section 1 of the Law on Social Partnership, Agreements and Collective Accords, providing for the definition of workers’ representatives, refers to trade unions and bodies of public initiatives established by a meeting of workers of a particular enterprise. The Committee requests the Government to ensure that it is only in the event where there is no trade union at the workplace that an authorization to bargain collectively can be conferred to other representative bodies. It requests the Government to keep it informed of the measures taken or envisaged in this respect.

The Committee notes the information provided by the Government on the application of Articles 4 and 6 of the Convention in practice (parties to collective bargaining, sectors, which include public and civil sectors, and matters covered by collective agreements).