Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the Government’s report.

Articles 1, 2 and 6 of the Convention. The Committee had previously taken note of sections 143 and 158 of the Criminal Code – which penalize acts of anti-union discrimination and interference, respectively – and had requested the Government to indicate whether those provisions also provided protection from acts of anti‑union discrimination and interference to public servants not engaged in the administration of the State. The Government indicates, in this respect, that the Criminal Code of the Republic of Tajikistan does not contain such a section and does not correspond to the meaning of the sections mentioned by the Committee. In these circumstances, the Committee requests the Government to take measures to ensure that the legislation provides for rapid and effective protection – including sufficiently dissuasive sanctions – from acts of anti‑union discrimination and acts of interference for all workers in the public and private sectors, with the sole possible exception of the armed forces and the police.

Article 4. The Committee had previously referred to section 17 of the Labour Code, which provides that workers’ interests in labour relations may be represented by trade unions and “other bodies elected by workers”, and had noted that section 1 of the Law on Social Partnership, Agreements and Collective Accords, which provides for the definition of workers’ representatives, refers to trade unions and bodies of public initiatives established by a meeting of workers of a particular enterprise. Regretting that the Government provides no information respecting this point, the Committee once again requests the Government to ensure that it is only in the event where there is no trade union at the workplace that an authorization to bargain collectively can be conferred to other representative bodies. It requests the Government to keep it informed of the measures taken or envisaged in this respect.