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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, alleging inadequate protection of workers in cases of anti-union dismissals. The Committee requests the Government to provide its comments in this regard.

Article 3 of the Convention. Procedures and sanctions against anti-union discrimination and interference. The Committee had noted that, pursuant to sections 404 and 405 of the Labour Code, the Cabinet of Ministers had entrusted the Ministry of Labour and Social Protection of the Population, as a specifically authorized state body, to guarantee the application of all normative acts containing labour provisions, and that with regard to trade union discrimination or violation of other trade union rights, there had been no complaints or representation since the creation of this body in 2011. The Committee notes the information provided by the Government that up until now, there have been still no complaints or representation regarding trade union discrimination or other violations of trade union rights. The Government adds that the judicial authorities have likewise not taken any decisions concerning the application of the Convention. Recalling 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 requests 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.

Article 4. Promotion of Collective Bargaining. The Committee had requested the Government to consider amending sections 335, 340(2), 341(1), 345 and 346 of the Labour Code so as to provide clearly and explicitly 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 representatives. The Committee notes the Government’s indication that section 335 of the Labour Code was amended in line with its previous comments. While welcoming the Government’s efforts in amending section 335 of the Labour Code, the Committee invites the Government to consider amending sections 340(2), 341(1), 345 and 346 of this Code in the same manner so as to ensure greater conformity with the Convention by indicating clearly and explicitly that the election of other workers’ representatives for the purpose of collective bargaining is only permitted in the absence of a trade union at the workplace. It requests the Government to provide information on the measures taken or envisaged in this regard.

The Committee notes the information provided by the Government on the number of collective agreements concluded as of 1 May 2022, indicating that 115 agreements were concluded at the sectoral and territorial levels, and 2,682 agreements at the enterprise levels. The Committee requests the Government to continue to providing information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3 of the Convention. Procedures and sanctions. The Committee had previously noted that section 3(2) of the Law on Trade Unions forbids discrimination on the grounds of trade union membership, that pursuant to section 25 of the Law, officials and employers bear legal responsibility for the violation of trade union rights, and that the Code of Administrative Offences provides for penalties that can be imposed on employers for the violation of labour legislation. It further noted that by virtue of sections 404 and 405 of the Labour Code, a state body “specifically authorized” by the Cabinet of Ministers is entrusted with guaranteeing the application of the Constitution, international agreements, laws and other normative acts containing labour provisions. The Committee had requested the Government to provide information on the work of this body and, in particular, on the number of complaints of anti-union discrimination and interference it has examined, the number of cases prosecuted and the sanctions imposed in cases of violation of trade union rights. The Committee notes that, since 2011, the authorized body is the Ministry of Labour and Social Protection of the Population and that up until now, there have been no complaints or representation regarding trade union discrimination or violation of trade union rights in general. Highlighting 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 requests the Government to 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.

Article 4. Promotion of collective bargaining. The Committee had previously noted that pursuant to sections 335, 340(2), 341(1), 345 and 346 of the Labour Code, trade unions and other elected workers’ representatives represent workers for the purpose of collective bargaining. The Committee requested the Government to amend the Labour Code so as 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 representatives. The Committee notes the Government’s explanation that the above legislative provisions should be understood as providing for election of other workers’ representatives only in the absence of a trade union at the workplace. The Government indicates that other representatives are currently elected at enterprises where there are no unions to represent workers; such is the case with foreign companies and national private undertakings. While taking note of this information, the Committee invites the Government to consider amending the abovementioned provisions so as to provide clearly and explicitly 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 representatives. It requests the Government to provide information on the measures taken or envisaged in this regard.

The Committee notes the information provided by the Government on the number of collective agreements concluded at the sectoral, territorial and enterprise levels as at 1 January 2018. The Committee requests the Government to continue to provide this type of information, including on the number of workers covered by the collective agreements in force.

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

The Committee notes the Law on Trade Unions (2013), the Code of Administrative Offences (2013), the Law on Civil Service (2016) and the Labour Code (2009).

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee notes that section 3(2) of the Law on Trade Unions forbids discrimination on the grounds of trade union membership, and that pursuant to its section 20, members of a trade union’s elected body may not be dismissed at the employer’s sole initiative, except in cases of a dissolution of an enterprise or if the worker commits an unlawful act. The Committee further notes section 400 of the Labour Code, according to which leaders of primary trade union organizations whose term of office has expired shall be guaranteed reinstatement in the position they occupied prior to their election or, failing this, and with their consent, in an equivalent position in the same enterprise in accordance with section 400 above. Additional guarantees are afforded to persons involved in collective bargaining pursuant to section 343 of the Labour Code.

Article 2. Protection against acts of interference. The Committee notes that pursuant to section 3(3) of the Law on Trade Unions, all acts to impede the establishment of trade unions or activities thereof entail liability, and that pursuant to section 9 of the Law, trade unions shall be independent in their activities from employers and their associations.

Article 3. Procedures and sanctions. The Committee notes that in addition to the abovementioned section 3(3), pursuant to section 25 of the Law on Trade Unions, officials and employers bear legal responsibility for the violation of trade union rights, and that section 304 of the Code of Administrative Offences provides for penalties that can be imposed on employers for the violation of labour legislation. The Committee further notes that by virtue of sections 404 and 405 of the Labour Code, a state body “specifically authorized” by the Cabinet of Ministers is entrusted with guaranteeing the application of the Constitution, international agreements, laws and other normative acts containing labour provisions. The Committee requests the Government to provide information on the work of this body and, in particular, on the number of complaints of anti union discrimination and interference it has examined, the number of cases prosecuted and the sanctions imposed in cases of violation of trade union rights.

Article 4. Promotion of collective bargaining. The Committee notes that pursuant to sections 335, 340(2), 341(1), 345 and 346 of the Labour Code, trade unions and other elected workers’ representatives represent workers for the purpose of collective bargaining. The Committee recalls that allowing other workers’ representatives to bargain collectively when a representative trade union exists at the workplace undermines the position of the trade union concerned and infringes upon the rights guaranteed under Article 4 of the Convention. The Committee requests the Government to take the necessary measures in order to amend the abovementioned provisions so as 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 representatives. It requests the Government to provide information on the measures taken or envisaged in this regard. The Committee welcomes the information provided by the Government on the number of collective agreements as at 1 January 2015.

Article 5. Application of the Convention to the armed forces and the police. The Committee notes the Government’s indication that civil servants of the Ministry of Defence, State Border Service, Ministry of Internal Affairs and other military and law enforcement agencies benefit from the same labour rights as other workers, including the right to engage in collective bargaining.

Article 6. Application of the Convention to public servants. The Committee notes the Government’s indication that civil servants enjoy the rights under the Convention, the Law on Trade Unions and the Labour Code and that this is reflected in the Law on Civil Servants.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the information provided by the Government in its first two reports. In this respect, the Committee requests the Government to provide the following supplementary information to enable it to examine in more depth the application of the Convention.

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee requests the Government to indicate: (i) the persons protected by the legislation (trade union officials, members or both); (ii) the acts against which workers are protected when they are hired and during the employment relationship (dismissals, transfers, downgrading, etc.); (iii) possible recourse against such actions; (iv) the penalties foreseen; and (v) whether protection is granted throughout the duration of the employment relation, including at the end of this relationship.

Article 2. Protection against acts of interference. The Committee requests the Government to indicate the legal provisions specifically banning any acts of interference by workers’ and employers’ organizations against each other, acts that are specifically forbidden (establishment of organizations dominated by employers, financial support, etc.), possible recourse against such actions and the penalties foreseen.

Article 3. Supervisory machinery. The Committee requests the Government to provide information on the bodies entrusted with guaranteeing the application of provisions protecting workers against acts of anti-union discrimination.

Article 4. Promotion of collective bargaining. The Committee notes the information provided by the Government concerning collective bargaining, which may be bipartite or tripartite. Bargaining may be tripartite when a central government body or a local or autonomous authority also takes part in the bargaining process. The Committee recalls that, under Article 4 of the Convention, bargaining must be free and voluntary and the participation of a government body – when this is not the employer – runs counter to the principle of free and voluntary negotiation and the autonomy of the parties. The Committee requests the Government to take the necessary measures to ensure that the autonomy of the social partners is guaranteed during the collective bargaining process.

Article 5. Application of the Convention to the armed forces and the police. Noting the information provided by the Government, the Committee requests the Government to clarify whether the armed forces and police enjoy the right to organize and collective bargaining.

Article 6. Application of the Convention to public servants. The Committee understands that the same legislation concerning trade union rights applies to both the private sector and public servants. The Committee requests the Government to confirm its understanding.

Part V of the report form. Practical application. The Committee notes the Government’s indications that 4,549 collective agreements have been signed since 1 January 2012, which represents a 10 per cent increase over 2011 (including 152 sectoral agreements, accounting for 11 per cent more than in 2011). The Committee requests the Government to continue providing information concerning the number of collective agreements concluded and the number of workers covered.