Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

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In this connection, the Committee notes that the Law on social partnership, agreements and collective accords has been repealed.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.