Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

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.