Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Equal Remuneration Convention, 1951 (No. 100) - 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, which read as follows:

1. Article 2 of the Convention. The Committee had previously noted that, under article 35 of the Constitution of Tajikistan, wages for work cannot be less than the minimum wage and equal wages shall be paid for the "same work". Article 17 of the Constitution also contains a general guarantee of equality on a number of grounds, including sex, and provides that men and women have the same rights. In its earlier comments, the Committee had also noted that section 102 of the 1997 Labour Code prohibits discrimination in payment for work and requires employers "to pay to workers the same remuneration for work of equal value". In addition, section 7 of the Code expresses the principle of non-discrimination contained in Article 1, paragraph 1(a), of Convention No. 111. The Committee repeats its request that the Government indicate, in light of the provisions mentioned, the manner in which the principle of equal remuneration for men and women workers for work of equal value is promoted and ensured for those workers who are not covered by collective agreements.

2. The Committee again asks the Government to indicate whether legislation exists which applies specifically to civil servants. If so, the Committee would appreciate receiving a copy of any such legislative texts. It also reiterates its request that the Government supply information on the methodology used to fix salaries for employees in the public service, as well as copies of the current salary scales for workers in the public service, together with information on the percentages of men and women at the different levels of the public service.

3. The Committee had previously commented on section 11 of the Act concerning Social Partnership, Agreements and Collective Treaties, which requires company collective agreements to contain certain provisions, including systems of remuneration, the level of tariff rates, wages and salaries, and the character and conditions of work. In this regard, the Committee once again asks the Government to indicate the methodology used to evaluate and compare jobs and thus to classify posts and determine wage scales in collective agreements. The Committee also repeats its request that the Government forward samples of collective agreements for enterprises in the manufacturing sector, indicating the percentages of men and women covered by these agreements and their distribution in the various occupational categories and grades.

4. Article 3. The Committee requests that the Government supply information, including the fullest possible statistical data, concerning the wage differentials between men and women in different sectors in Tajikistan, in accordance with its general observation of 1998. The Committee points out that such information is essential to enable it adequately to assess the application of the Convention. While it understands that the Government may not be in a position to provide full statistical information in response to the Committee’s request, it would nevertheless appreciate receiving all the information that is currently available and reminds the Government that the Office remains at its disposal to provide technical assistance to enable the Government to improve its capacity for compiling and analysing the necessary statistical data.

5. Article 4. The Committee repeats its request that the Government supply copies of the draft legislation mentioned in the Government’s first report, which provides for methods of tripartite cooperation in order to give effect to the provisions of the Convention. The Government is also requested to supply information on any other practical measures taken in cooperation with the social partners to give effect to the Convention.

6. The Committee notes the Government’s reference to the Decree issued by the President of Tajikistan respecting measures to enhance the role of women in society (No. 5 of December 1999). The Committee would be grateful if the Government would supply a copy of the Decree with its next report.