Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Tajikistan (Ratification: 1993)

The Committee notes with interest the adoption of a new Labour Code, as well as the information contained in the Government's report.

1. Article 1 of the Convention. The Committee notes with interest that section 7 of the new Labour Code prohibits discrimination in employment on the grounds set forth in Article 1(1)(a) of the Convention. Section 7 provides for the equality of all citizens in employment relationships and prohibits "any distinctions, preference or refusal to hire a worker on the basis of nationality, race, skin colour, sex, age, religion, political opinion, place of birth, national or social origin resulting in violation of the principle of equality of opportunity at work". The Committee requests the Government to indicate in its next report the manner in which section 7 has been applied in practice to protect workers from discrimination in employment and occupation within the meaning of Article 1(3) of the Convention, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

2. Article 2. The Committee notes the Government's statement that it has sought the cooperation of the social partners in promoting the acceptance and observance of the national policy of equality of opportunity and treatment in respect of employment and occupation by concluding general and branch-level agreements. The Committee requests the Government to describe the nature and extent of its cooperative activities with workers' and employers' organizations and to provide copies of the general and branch-level agreements referenced.

3. The Government indicates that application of the national policy is supervised by the state authorities, particularly the Republican Employment Centre under the Ministry of Labour and Employment, in the areas of vocational guidance and placement and in vocational and technical education establishments. The Committee would be grateful if the Government would supply information on the specific measures taken by the Republican Employment Centre and the Ministry of Labour and Employment to promote equality of opportunity and treatment in vocational training and occupational guidance, and the manner in which the placement services provided ensure the application and observance of the national policy, as well as the results achieved in securing the application and observance of the provisions of the Convention.

4. Article 4. The Committee repeats its request that the Government provide full information on the manner in which Article 4 of the Convention is applied in practice and on the specific procedures establishing the right of appeal available to persons affected by this provision. Further, with reference to its previous comments, the Committee reiterates its request that the Government supply information on all measures taken or contemplated to ensure that certain persons are not subjected to discrimination in their employment and occupation on the basis of their political opinion or ethnic origin.

5. Article 5. The Committee notes that the new Labour Code provides for special measures of protection and assistance. Section 160 prohibits employers from hiring women for underground work, heavy work and work in harmful conditions, as well as for work involving manual lifting in excess of the maximum permitted amounts. Section 161 prohibits employers from recruiting women for night work, except in certain sectors. The Committee requests the Government to indicate the prohibited industries, sectors, jobs and occupations referred to in sections 160 and 161.

6. The Committee requests the Government to provide specific information in its next report, including statistical data, on the activities of the Ministry of Labour and Employment and the labour inspection bodies referred to in its report, including the number of inspections carried out during the reporting period, the number of violations found relevant to the Convention, and the corrective action taken or sanctions applied. With regard to the Public Prosecutor's Office, the Government is requested to supply specific information on the activities of this office in ensuring compliance with the Convention. It also requests the Government to supply copies of any decisions issued by courts of law or other tribunals involving questions of principle relating to the application of the Convention.