Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 81) sur l'inspection du travail, 1947 - Tadjikistan (Ratification: 2009)

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.