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

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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.