Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Equal Remuneration Convention, 1951 (No. 100) - Tajikistan (Ratification: 1993)

1. The Committee notes the information provided by the Government in its first report. It also notes the provisions of the new Labour Code, adopted in May 1997 after receipt of the Government's report.

2. Article 1 of the Convention. The Committee notes that section 102 of the 1997 Labour Code prohibits any discrimination in payment for work and obliges an employer "to pay to workers the same remuneration for work of equal value". Please indicate the measures taken to ensure that equal pay for men and women is assured in respect of all elements of the wage package, as provided under Article 1, paragraph (a), of the Convention, in particular, in respect of workers in the private sector who are not covered by a collective agreement.

3. Article 2. The Committee notes that article 35 of the Constitution stipulates that wages for work cannot be less than the minimum wage and that equal wages shall be paid for the "same work". It also notes that article 17 of the Constitution contains a general guarantee of equality on a number of grounds, including sex, and asserts that men and women have the same rights. In addition to section 102 of the Labour Code, referred to above, the Committee notes that section 7 of the Labour Code reproduces the wording of Article 1, paragraph 1(a), of Convention No. 111. In the light of these various provisions, please indicate how the principle of "equal remuneration for men and women workers for work of equal value"is promoted and ensured for all of those workers who are not covered by collective agreements.

4. While noting that the Labour Code and the Act concerning Social Partnership, Agreements and Collective Treaties, 1992, apply to all workers in enterprises, organizations and institutions, irrespective of their form of ownership, the Committee requests the Government to indicate whether specific legislation exists concerning public servants. Please also provide information on the methodology used to fix salaries for employees in the public service and furnish copies of the current salary scales fixed for those employees, together with, if possible, an indication of the percentage of men and women employed at different levels.

5. The Committee notes that the Act concerning Social Partnership, Agreements and Collective Treaties stipulates, in section 11, that enterprise collective agreements (referred to as "collective treaties") should contain a number of provisions, including systems of remuneration and other types of workers' income, the level of tariff rates and wages and salaries depending on the occupation and skill of workers, and the character and conditions of work. Please indicate the methodology used to evaluate and compare jobs, and thus to classify posts and determine wage scales in collective agreements. Please also provide some examples of collective agreements for enterprises in the manufacturing sector, together with an indication, if possible, of the percentage of men and women covered by these agreements, and employed in different categories and grades.

6. Article 3. The Committee requests the Government to supply any available statistical data concerning the wage gap between men and women. If such data are not collected, the Committee asks the Government to indicate whether consideration has been given to collecting such information, which would be of considerable assistance in determining the progress made in the application of the Convention.

7. Article 4. The Committee notes from the report that draft legislation dealing with the remuneration of labour provides for methods of tripartite cooperation for the purpose of giving effect to the provisions of the Convention. Please provide a copy of this legislation and indicate the particular means taken pursuant to its provisions to promote the application of the Convention. Please also supply information on any other practical measures taken in cooperation with employers' and workers' organizations to give effect to the Convention, including any that might have been taken within the context of a tripartite national agreement concluded under the Act concerning Social Partnership, Agreements and Collective Treaties.