Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Articles 1, 2 and 6 of the Convention. Protection against acts of anti-union discrimination and interference. 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 had indicated that the Criminal Code does not contain such a section and does not correspond to the meaning of the sections mentioned by the Committee. The Committee had requested 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 and to keep it informed of the measures taken in this regard.

The Committee takes note of the Government’s indication that the Criminal Code and the Labour Code apply to all public servants, their trade unions and their trade union leaders, not engaged in the administration of the State. The Committee requests the Government to clarify whether dissuasive sanctions against acts of anti-union discrimination and acts of interference vis-à-vis public servants not engaged in the administration of the State are included in the Criminal Code and to provide the reference to the relevant sections of the Criminal Code or to any other legislation applicable.

Article 4. Right to collective bargaining. 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. The Committee had requested 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.

The Committee notes the Government’s indication that trade unions in enterprises, establishments and organizations of all forms of ownership are recognized in the country as the sole authorized representatives of labour relations on questions relating to the governance of industrial and social relations. The Committee requests the Government to amend 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” in order to remove the reference to “other bodies elected by workers” and to provide information on any measure taken in this regard.

The Committee takes note from the Government’s report that a tripartite committee on social and industrial relations has been established and that on 2 February 2009, the Government approved the General Agreement that it concluded with the Union of Employers of Tajikistan and the Federation of Independent Trade Unions of Tajikistan for the period of 2009–11. The Committee also takes note of the information provided by the Government on the application of Articles 4 and 6 of the Convention in practice (parties to collective bargaining; sectors, which include public and civil sectors; and matters covered by collective agreements).