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

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Previous comment

Article 4. Right to collective bargaining. The Committee had previously noted 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. It had requested 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. The Committee notes the Government’s indication that given that the legislation has provided workers’ representatives with the opportunity to acquire the mandate to represent the interests of employees, including in collective bargaining, where there is no representative trade union in the workplace, it would be inappropriate to amend the legislation. The Committee notes that the legislation does not refer to a representative trade union; rather, it puts trade unions and other representatives on equal footing. The Committee once again requests the Government to review the legislation so as to clearly establish that it is only in the event where there are no trade unions at the workplace that an authorization to bargain collectively could be conferred to other workers’ representatives. It requests the Government to provide information on all measures taken or envisaged in this respect.

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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In this connection, the Committee notes that the Law on social partnership, agreements and collective accords has been repealed.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

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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.

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The Committee notes the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

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.

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

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.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

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.

CMNT_TITLE

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.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 2 and 6 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee had previously taken note of sections 143 and 158 of the Criminal Code – which penalize acts of anti-union discrimination and interference, respectively – and had requested the Government to indicate whether those provisions also provided protection from acts of anti-union discrimination and interference to public servants not engaged in the administration of the State. The Government had indicated that the Criminal Code does not contain such a section and does not correspond to the meaning of the sections mentioned by the Committee. The Committee had requested the Government to take measures to ensure that the legislation provides for rapid and effective protection – including sufficiently dissuasive sanctions – from acts of anti-union discrimination and acts of interference for all workers in the public and private sectors, with the sole possible exception of the armed forces and the police and to keep it informed of the measures taken in this regard.

The Committee noted the Government’s indication that the Criminal Code and the Labour Code apply to all public servants, their trade unions and their trade union leaders, not engaged in the administration of the State. The Committee requests 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 Criminal Code and to provide the reference to the relevant sections of the Criminal Code or to any other legislation applicable.

Article 4. Right to collective bargaining. The Committee had previously referred to section 17 of the Labour Code, which provides that workers’ interests in labour relations may be represented by trade unions and “other bodies elected by workers”, and had noted that section 1 of the Law on social partnership, agreements and collective accords, which provides 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 had requested 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.

The Committee noted the Government’s indication that trade unions in enterprises, establishments and organizations of all forms of ownership are recognized in the country as the sole authorized representatives of labour relations on questions relating to the governance of industrial and social relations. In these circumstances, the Committee requests the Government to amend section 17 of the Labour Code, which provides that workers’ interests in labour relations may be represented by trade unions and “other bodies elected by workers” in order to remove the reference to “other bodies elected by workers” and to provide information on any measure taken in this regard.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1, 2 and 6 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee had previously taken note of sections 143 and 158 of the Criminal Code – which penalize acts of anti-union discrimination and interference, respectively – and had requested the Government to indicate whether those provisions also provided protection from acts of anti-union discrimination and interference to public servants not engaged in the administration of the State. The Government had indicated that the Criminal Code does not contain such a section and does not correspond to the meaning of the sections mentioned by the Committee. The Committee had requested the Government to take measures to ensure that the legislation provides for rapid and effective protection – including sufficiently dissuasive sanctions – from acts of anti-union discrimination and acts of interference for all workers in the public and private sectors, with the sole possible exception of the armed forces and the police and to keep it informed of the measures taken in this regard.

The Committee noted the Government’s indication that the Criminal Code and the Labour Code apply to all public servants, their trade unions and their trade union leaders, not engaged in the administration of the State. The Committee requests 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 Criminal Code and to provide the reference to the relevant sections of the Criminal Code or to any other legislation applicable.

Article 4. Right to collective bargaining. The Committee had previously referred to section 17 of the Labour Code, which provides that workers’ interests in labour relations may be represented by trade unions and “other bodies elected by workers”, and had noted that section 1 of the Law on social partnership, agreements and collective accords, which provides 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 had requested 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.

The Committee notes the Government’s indication that trade unions in enterprises, establishments and organizations of all forms of ownership are recognized in the country as the sole authorized representatives of labour relations on questions relating to the governance of industrial and social relations. In these circumstances, the Committee requests the Government to amend section 17 of the Labour Code, which provides that workers’ interests in labour relations may be represented by trade unions and “other bodies elected by workers” in order to remove the reference to “other bodies elected by workers” and to provide information on any measure taken in this regard.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1, 2 and 6 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee had previously taken note of sections 143 and 158 of the Criminal Code – which penalize acts of anti-union discrimination and interference, respectively – and had requested the Government to indicate whether those provisions also provided protection from acts of anti-union discrimination and interference to public servants not engaged in the administration of the State. The Government had indicated that the Criminal Code does not contain such a section and does not correspond to the meaning of the sections mentioned by the Committee. The Committee had requested the Government to take measures to ensure that the legislation provides for rapid and effective protection – including sufficiently dissuasive sanctions – from acts of anti-union discrimination and acts of interference for all workers in the public and private sectors, with the sole possible exception of the armed forces and the police and to keep it informed of the measures taken in this regard.

The Committee noted the Government’s indication that the Criminal Code and the Labour Code apply to all public servants, their trade unions and their trade union leaders, not engaged in the administration of the State. The Committee requests 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 Criminal Code and to provide the reference to the relevant sections of the Criminal Code or to any other legislation applicable.

Article 4. Right to collective bargaining. The Committee had previously referred to section 17 of the Labour Code, which provides that workers’ interests in labour relations may be represented by trade unions and “other bodies elected by workers”, and had noted that section 1 of the Law on Social Partnership, Agreements and Collective Accords, which provides 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 had requested 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.

The Committee notes the Government’s indication that trade unions in enterprises, establishments and organizations of all forms of ownership are recognized in the country as the sole authorized representatives of labour relations on questions relating to the governance of industrial and social relations. The Committee requests the Government to amend section 17 of the Labour Code, which provides that workers’ interests in labour relations may be represented by trade unions and “other bodies elected by workers” in order to remove the reference to “other bodies elected by workers” and to provide information on any measure taken in this regard.

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Articles 1, 2 and 6 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee had previously taken note of sections 143 and 158 of the Criminal Code – which penalize acts of anti-union discrimination and interference, respectively – and had requested the Government to indicate whether those provisions also provided protection from acts of anti-union discrimination and interference to public servants not engaged in the administration of the State. The Government had indicated that the Criminal Code does not contain such a section and does not correspond to the meaning of the sections mentioned by the Committee. The Committee had requested the Government to take measures to ensure that the legislation provides for rapid and effective protection – including sufficiently dissuasive sanctions – from acts of anti-union discrimination and acts of interference for all workers in the public and private sectors, with the sole possible exception of the armed forces and the police and to keep it informed of the measures taken in this regard.

The Committee takes note of the Government’s indication that the Criminal Code and the Labour Code apply to all public servants, their trade unions and their trade union leaders, not engaged in the administration of the State. The Committee requests 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 Criminal Code and to provide the reference to the relevant sections of the Criminal Code or to any other legislation applicable.

Article 4. Right to collective bargaining. The Committee had previously referred to section 17 of the Labour Code, which provides that workers’ interests in labour relations may be represented by trade unions and “other bodies elected by workers”, and had noted that section 1 of the Law on Social Partnership, Agreements and Collective Accords, which provides 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 had requested 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.

The Committee notes the Government’s indication that trade unions in enterprises, establishments and organizations of all forms of ownership are recognized in the country as the sole authorized representatives of labour relations on questions relating to the governance of industrial and social relations. The Committee requests the Government to amend section 17 of the Labour Code, which provides that workers’ interests in labour relations may be represented by trade unions and “other bodies elected by workers” in order to remove the reference to “other bodies elected by workers” and to provide information on any measure taken in this regard.

The Committee takes note from the Government’s report that a tripartite committee on social and industrial relations has been established and that on 2 February 2009, the Government approved the General Agreement that it concluded with the Union of Employers of Tajikistan and the Federation of Independent Trade Unions of Tajikistan for the period of 2009–11. The Committee also takes note of 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).

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The Committee notes the Government’s report.

Articles 1, 2 and 6 of the Convention. The Committee had previously taken note of sections 143 and 158 of the Criminal Code – which penalize acts of anti-union discrimination and interference, respectively – and had requested the Government to indicate whether those provisions also provided protection from acts of anti‑union discrimination and interference to public servants not engaged in the administration of the State. The Government indicates, in this respect, that the Criminal Code of the Republic of Tajikistan does not contain such a section and does not correspond to the meaning of the sections mentioned by the Committee. In these circumstances, the Committee requests the Government to take measures to ensure that the legislation provides for rapid and effective protection – including sufficiently dissuasive sanctions – from acts of anti‑union discrimination and acts of interference for all workers in the public and private sectors, with the sole possible exception of the armed forces and the police.

Article 4. The Committee had previously referred to section 17 of the Labour Code, which provides that workers’ interests in labour relations may be represented by trade unions and “other bodies elected by workers”, and had noted that section 1 of the Law on Social Partnership, Agreements and Collective Accords, which provides 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. Regretting that the Government provides no information respecting this point, the Committee once again 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.

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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).

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted the new Labour Code adopted on 15 May 1997.

Article 1 of the Convention. The Committee requests the Government to indicate whether there exist legal provisions guaranteeing protection of workers against all discrimination because of their participation in trade union activities. Furthermore, the Committee requests the Government to inform it whether legislation explicitly provides speedy and effective procedures and sufficiently dissuasive sanctions against all acts of anti-union discrimination (dismissal, transfer, etc.).

Article 2. The Committee had noted that the Government indicates that section 6 of the Act on Voluntary Associations provides protection for employers’ and workers’ organizations against any act of interference with each other and that section 4 of the Act on Trade Unions enshrines the principle of independence of the unions. The Committee again requests the Government to send copies of these two Acts and to indicate whether legislation provides rapid and effective procedures and sufficiently dissuasive sanctions to ensure protection of workers against acts of interference. In particular, the Committee requests details on the nature and dissuasive character of the sanctions referred to in section 19 of the Labour Code.

Article 4. The Committee noted that the first section of the Act on Social Partnership, Agreement and Collective Bargaining provides that a collective agreement is a legal instrument designed to determine the mutual obligations of the state authorities, employers’ or owners’ organizations and trade unions or other representative workers’ organizations with a view to solving labour, social and economic issues and to establish social guarantees for workers in certain industries and territories. In this context, the Committee requests the Government to indicate what type of organizations are referred to as “other representative workers’ organizations”.

Article 5. The Committee requests the Government to indicate whether national legislation applies the guarantees of the Convention to the armed forces and the police.

Article 6. The Committee requests details on the manner in which legislation provides the rights and guarantees set out in the Convention (protection against anti-union discrimination and against acts of interference and the right of collective bargaining) to those public servants not engaged in the administration of the State.

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The Committee notes with regret that the Government’s report has not replied to its previous comments (it only mentions a number of legislative texts and requests assistance for the organization of a seminar on international labour standards). It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted the new Labour Code adopted on 15 May 1997.

Article 1 of the Convention. The Committee requests the Government to indicate whether there exist legal provisions guaranteeing protection of workers against all discrimination because of their participation in trade union activities. Furthermore, the Committee requests the Government to inform it whether legislation explicitly provides speedy and effective procedures and sufficiently dissuasive sanctions against all acts of anti-union discrimination (dismissal, transfer, etc.).

Article 2. The Committee had noted that the Government indicates that section 6 of the Act on Voluntary Associations provides protection for employers’ and workers’ organizations against any act of interference with each other and that section 4 of the Act on Trade Unions enshrines the principle of independence of the unions. The Committee again requests the Government to send copies of these two Acts and to indicate whether legislation provides rapid and effective procedures and sufficiently dissuasive sanctions to ensure protection of workers against acts of interference. In particular, the Committee requests details on the nature and dissuasive character of the sanctions referred to in section 19 of the Labour Code.

Article 4. The Committee noted that the first section of the Act on Social Partnership, Agreement and Collective Bargaining provides that a collective agreement is a legal instrument designed to determine the mutual obligations of the state authorities, employers’ or owners’ organizations and trade unions or other representative workers’ organizations with a view to solving labour, social and economic issues and to establish social guarantees for workers in certain industries and territories. In this context, the Committee requests the Government to indicate what type of organizations are referred to as “other representative workers’ organizations”.

Article 5. The Committee requests the Government to indicate whether national legislation applies the guarantees of the Convention to the armed forces and the police.

Article 6. The Committee requests details on the manner in which legislation provides the rights and guarantees set out in the Convention (protection against anti-union discrimination and against acts of interference and the right of collective bargaining) to those public servants not engaged in the administration of the State.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the new Labour Code adopted on 15 May 1997.

Article 1 of the Convention. The Committee requests the Government to indicate whether there exist legal provisions guaranteeing protection of workers against all discrimination because of their participation in trade union activities. Furthermore, the Committee requests the Government to inform it whether legislation explicitly provides speedy and effective procedures and sufficiently dissuasive sanctions against all acts of anti-union discrimination (dismissal, transfer, etc.).

Article 2. The Committee had noted that the Government indicates that section 6 of the Act on Voluntary Associations provides protection for employers’ and workers’ organizations against any act of interference with each other and that section 4 of the Act on Trade Unions enshrines the principle of independence of the unions. The Committee again requests the Government to send copies of these two Acts and to indicate whether legislation provides rapid and effective procedures and sufficiently dissuasive sanctions to ensure protection of workers against acts of interference. In particular, the Committee requests details on the nature and dissuasive character of the sanctions referred to in section 19 of the Labour Code.

Article 4. The Committee notes that the first section of the Act on Social Partnership, Agreement and Collective Bargaining provides that a collective agreement is a legal instrument designed to determine the mutual obligations of the state authorities, employers’ or owners’ organizations and trade unions or other representative workers’ organizations with a view to solving labour, social and economic issues and to establish social guarantees for workers in certain industries and territories. In this context, the Committee requests the Government to indicate what type of organizations are referred to as "other representative workers’ organizations".

Article 5. The Committee requests the Government to indicate whether national legislation applies the guarantees of the Convention to the armed forces and the police.

Article 6. The Committee requests details on the manner in which legislation provides the rights and guarantees set out in the Convention (protection against anti-union discrimination and against acts of interference and the right of collective bargaining) to those public servants not engaged in the administration of the State.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request which read as follows:

The Committee notes the new Labour Code adopted on 15 May 1997.

Article 1 of the Convention. The Committee requests the Government to indicate whether there exist legal provisions guaranteeing protection of workers against all discrimination because of their participation in trade union activities. Furthermore, the Committee requests the Government to inform it whether legislation explicitly provides speedy and effective procedures and sufficiently dissuasive sanctions against all acts of anti-union discrimination (dismissal, transfer, etc.).

Article 2. The Committee had noted that the Government indicates that section 6 of the Act on Voluntary Associations provides protection for employers’ and workers’ organizations against any act of interference with each other and that section 4 of the Act on Trade Unions enshrines the principle of independence of the unions. The Committee again requests the Government to send copies of these two Acts and to indicate whether legislation provides rapid and effective procedures and sufficiently dissuasive sanctions to ensure protection of workers against acts of interference. In particular, the Committee requests details on the nature and dissuasive character of the sanctions referred to in section 19 of the Labour Code.

Article 4. The Committee notes that the first section of the Act on Social Partnership, Agreement and Collective Bargaining provides that a collective agreement is a legal instrument designed to determine the mutual obligations of the state authorities, employers’ or owners’ organizations and trade unions or other representative workers’ organizations with a view to solving labour, social and economic issues and to establish social guarantees for workers in certain industries and territories. In this context, the Committee requests the Government to indicate what type of organizations are referred to as "other representative workers’ organizations".

Article 5. The Committee requests the Government to indicate whether national legislation applies the guarantees of the Convention to the armed forces and the police.

Article 6. The Committee requests details on the manner in which legislation provides the rights and guarantees set out in the Convention (protection against anti-union discrimination and against acts of interference and the right of collective bargaining) to those public servants not engaged in the administration of the State.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request:

The Committee notes the new Labour Code adopted on 15 May 1997.

Article 1 of the Convention. The Committee requests the Government to indicate whether there exist legal provisions guaranteeing protection of workers against all discrimination because of their participation in trade union activities. Furthermore, the Committee requests the Government to inform it whether legislation explicitly provides speedy and effective procedures and sufficiently dissuasive sanctions against all acts of anti-union discrimination (dismissal, transfer, etc.).

Article 2. The Committee had noted that the Government indicates that section 6 of the Act on Voluntary Associations provides protection for employers’ and workers’ organizations against any act of interference with each other and that section 4 of the Act on Trade Unions enshrines the principle of independence of the unions. The Committee again requests the Government to send copies of these two Acts and to indicate whether legislation provides rapid and effective procedures and sufficiently dissuasive sanctions to ensure protection of workers against acts of interference. In particular, the Committee requests details on the nature and dissuasive character of the sanctions referred to in section 19 of the Labour Code.

Article 4. The Committee notes that the first section of the Act on Social Partnership, Agreement and Collective Bargaining provides that a collective agreement is a legal instrument designed to determine the mutual obligations of the state authorities, employers’ or owners’ organizations and trade unions or other representative workers’ organizations with a view to solving labour, social and economic issues and to establish social guarantees for workers in certain industries and territories. In this context, the Committee requests the Government to indicate what type of organizations are referred to as "other representative workers’ organizations".

Article 5. The Committee requests the Government to indicate whether national legislation applies the guarantees of the Convention to the armed forces and the police.

Article 6. The Committee requests details on the manner in which legislation provides the rights and guarantees set out in the Convention (protection against anti-union discrimination and against acts of interference and the right of collective bargaining) to those public servants not engaged in the administration of the State.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the new Labour Code adopted on 15 May 1997.

  Article 1 of the Convention. The Committee requests the Government to indicate whether there exist legal provisions guaranteeing protection of workers against all discrimination because of their participation in trade union activities. Furthermore, the Committee requests the Government to inform it whether legislation explicitly provides speedy and effective procedures and sufficiently dissuasive sanctions against all acts of anti-union discrimination (dismissal, transfer, etc.).

  Article 2. The Committee notes that the Government indicates that section 6 of the Act on Voluntary Associations provides protection for employers’ and workers’ organizations against any act of interference with each other and that section 4 of the Act on Trade Unions enshrines the principle of independence of the unions. The Committee requests the Government to send copies of these two Acts and to indicate whether legislation provides rapid and effective procedures and sufficiently dissuasive sanctions to ensure protection of workers against acts of interference. In particular, the Committee requests details on the nature and dissuasive character of the sanctions referred to in section 19 of the Labour Code.

  Article 4. The Committee notes that the first section of the Act on Social Partnership, Agreement and Collective Bargaining provides that a collective agreement is a legal instrument designed to determine the mutual obligations of the state authorities, employers’ or owners’ organizations and trade unions or other representative workers’ organizations with a view to solving labour, social and economic issues and to establish social guarantees for workers in certain industries and territories. In this context, the Committee requests the Government to indicate what type of organizations are referred to as "other representative workers’ organizations".

  Article 5. The Committee requests the Government to indicate whether national legislation applies the guarantees of the Convention to the armed forces and the police.

  Article 6. The Committee requests details on the manner in which legislation provides the rights and guarantees set out in the Convention (protection against anti-union discrimination and against acts of interference and the right of collective bargaining) to those public servants not engaged in the administration of the State.

CMNT_TITLE

The Committee notes the Government's report and the new Labour Code adopted on 15 May 1997.

Article 1 of the Convention. The Committee requests the Government to indicate whether there exist legal provisions guaranteeing protection of workers against all discrimination because of their participation in trade union activities. Furthermore, the Committee requests the Government to inform it whether legislation explicitly provides speedy and effective procedures and sufficiently dissuasive sanctions against all acts of anti-union discrimination (dismissal, transfer, etc.).

Article 2. The Committee notes that the Government indicates in its report that section 6 of the Act on Voluntary Associations provides protection for employers' and workers' organizations against any act of interference with each other and that section 4 of the Act on Trade Unions enshrines the principle of independence of the unions. The Committee requests the Government to send copies of these two Acts and to indicate whether legislation provides rapid and effective procedures and sufficiently dissuasive sanctions to ensure protection of workers against acts of interference. In particular, the Committee requests details on the nature and dissuasive character of the sanctions referred to in section 19 of the Labour Code.

Article 4. The Committee notes that the first section of the Act on Social Partnership, Agreement and Collective Bargaining provides that a collective agreement is a legal instrument designed to determine the mutual obligations of the state authorities, employers' or owners' organizations and trade unions or other representative workers' organizations with a view to solving labour, social and economic issues and to establish social guarantees for workers in certain industries and territories. In this context, the Committee requests the Government to indicate what type of organizations are referred to as "other representative workers' organizations".

Article 5. The Committee requests the Government to indicate whether national legislation applies the guarantees of the Convention to the armed forces and the police.

Article 6. The Committee requests details on the manner in which legislation provides the rights and guarantees set out in the Convention (protection against anti-union discrimination and against acts of interference and the right of collective bargaining) to those public servants not engaged in the administration of the State.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that, according to the information available at the Office, a new Labour Code was adopted in 1997. The Committee intends to examine the conformity of the provisions of the new Code as soon as a translation of it into one of the ILO working languages is available.

With reference to the available legislation, the Committee requests the Government to supply information in its next report on the following matters:

Article 1 of the Convention. The Committee notes that section 6 of the Act on Trade Unions, which prohibits discrimination against citizens because of their trade union membership, provides that membership or non-membership of trade unions must not place any type of restriction on the occupational, social, economic, political or personal freedoms and rights of citizens which are guaranteed by law. It is prohibited to make the engagement, professional advancement or dismissal dependent on membership of a particular trade union or on membership or non-membership of a trade union. On this matter, the Committee requests the Government to inform it whether there are legal provisions which provide for protection if workers against anti-union discrimination in the exercise of trade union activities.

Furthermore, the Committee requests the Government to inform it whether legislation explicitly provides for appeals and whether it establishes sufficiently dissuasive sanctions against acts of anti-union discrimination in order to guarantee the effective application of Article 1 of the Convention.

Article 2. The Committee notes that the Government indicates in its report that section 6 of the Act on Voluntary Associations provides protection against acts of interference in employers' and workers' organizations. The Committee notes that the Office does not have a copy of the Act referred to and, in order to study its conformity with the provisions of the Convention, requests the Government to send it a copy of the Act, if possible with a translation into English or French.

Similarly, the Committee requests the Government to indicate in its next report whether section 4 of the Act on Trade Unions, which regulates the independence of trade unions, provides for the protection which workers' and employers' organizations should enjoy against any acts of interference by each other.

Article 4. Committee notes that section 1 of the Act on Social Partnership, Agreements and Collective Bargaining provides that a collective agreement is a legal instrument designed to determine mutual obligations of the state authorities, employers' or owners' organizations and trade unions or other representative workers' organizations with a view to solving labour, social and economic issues and to establish social guarantees for workers in certain industries and territories. In this context, the Committee requests the Government to indicate what type of organizations are referred to as "other representative workers' organizations".

Committee notes that section 8 of the Act mentioned in the previous paragraph laying down who may conclude collective agreements provides that collective agreements may be concluded at the national level, the industry level, the regional level or lower levels. Nevertheless, the Committee observes that the law provides that at the national level, a general agreement may be concluded between the Government of the Republic of Tajikistan, the Republican Association of Employers and the Council of the Trade Union Federations of the Republic of Tajikistan. The Committee requests the Government to supply information on whether other workers' or employers' organizations of a higher level, apart from those mentioned in the Act, may participate, if they are more representative, in such a general agreement.

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The Committee notes the Government's first report and that, according to the information available at the Office, a new Labour Code was adopted in 1997. The Committee intends to examine the conformity of the provisions of the new Code as soon as a translation of it into one of the ILO working languages is available.

With reference to the available legislation, the Committee requests the Government to supply information in its next report on the following matters:

Article 1 of the Convention. The Committee notes that section 6 of the Act on Trade Unions, which prohibits discrimination against citizens because of their trade union membership, provides that membership or non-membership of trade unions must not place any type of restriction on the occupational, social, economic, political or personal freedoms and rights of citizens which are guaranteed by law. It is prohibited to make the engagement, professional advancement or dismissal dependent on membership of a particular trade union or on membership or non-membership of a trade union. On this matter, the Committee requests the Government to inform it whether there are legal provisions which provide for protection if workers against anti-union discrimination in the exercise of trade union activities.

Furthermore, the Committee requests the Government to inform it whether legislation explicitly provides for appeals and whether it establishes sufficiently dissuasive sanctions against acts of anti-union discrimination in order to guarantee the effective application of Article 1 of the Convention.

Article 2. The Committee notes that the Government indicates in its report that section 6 of the Act on Voluntary Associations provides protection against acts of interference in employers' and workers' organizations. The Committee notes that the Office does not have a copy of the Act referred to and, in order to study its conformity with the provisions of the Convention, requests the Government to send it a copy of the Act, if possible with a translation into English or French.

Similarly, the Committee requests the Government to indicate in its next report whether section 4 of the Act on Trade Unions, which regulates the independence of trade unions, provides for the protection which workers' and employers' organizations should enjoy against any acts of interference by each other.

Article 4. Committee notes that section 1 of the Act on Social Partnership, Agreements and Collective Bargaining provides that a collective agreement is a legal instrument designed to determine mutual obligations of the state authorities, employers' or owners' organizations and trade unions or other representative workers' organizations with a view to solving labour, social and economic issues and to establish social guarantees for workers in certain industries and territories. In this context, the Committee requests the Government to indicate what type of organizations are referred to as "other representative workers' organizations".

Committee notes that section 8 of the Act mentioned in the previous paragraph laying down who may conclude collective agreements provides that collective agreements may be concluded at the national level, the industry level, the regional level or lower levels. Nevertheless, the Committee observes that the law provides that at the national level, a general agreement may be concluded between the Government of the Republic of Tajikistan, the Republican Association of Employers and the Council of the Trade Union Federations of the Republic of Tajikistan. The Committee requests the Government to supply information on whether other workers' or employers' organizations of a higher level, apart from those mentioned in the Act, may participate, if they are more representative, in such a general agreement.