Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Labour Inspection Convention, 1947 (No. 81) - Tajikistan (Ratification: 2009)

Articles 3, 4, 5(b), 6, 8, 10, 11, 13, 17 and 18 of the Convention. Operation of the labour inspection system under the supervision and control of a central authority and duality of inspection functions assumed by state and trade union labour inspectors in this system. The Committee previously noted that responsibility for labour inspection falls within the State Inspection Service for Labour, Migration and Employment (SILME) of the Ministry of Labour, Migration and Employment, and the inspectorate established by the Federation of Independent Trade Unions (in view of the small number of the staff working at the SILME). The Committee notes the Government’s indication, in response to its request, that at the end of 2016, there were 58 public labour inspectors and 36 trade union inspectors. In this respect, the Committee also notes from section 353 of the Labour Code that employers provide funds for the work of the trade union labour inspectorate. The Committee once again requests the Government to provide information on whether the SILME maintains supervision and control over the labour inspection system in its entirety (including supervision of the activities of trade union inspectors), or whether the SILME and the inspectorate run by the Federation of Independent Trade Unions act independently from each other, except for the conduct of joint inspections. Noting that the Government has not provided information in this regard, the Committee also once again requests it to specify the status and conditions of service of labour inspectors serving in the SILME, in relation to the conditions applicable to similar categories of public servants and trade union inspectors (including concerning stability of employment, wages and allowances). Finally, the Committee requests the Government to indicate whether the trade union inspectorate of the Federation of Independent Trade Unions operates entirely on the budget from contributions of employers, and if not, to indicate the other sources of funding of its operation and their proportionate amounts.

Articles 12 and 16. Powers of labour inspectors. The Committee notes that sections 357 and 358 of the Labour Code provide for certain powers of trade union and public labour inspectors, for instance the power to undertake labour inspections and request information on compliance with the legal provisions. It further notes that sections 19 and 348 of the Labour Code require employers to ensure free access of public labour inspectors to workplaces. The Committee notes, however, with deep concern that pursuant to Law No. 1505 of 21 February 2018 providing for a moratorium on inspections in industrial workplaces, the provisions in the Code regarding labour inspections are suspended during the period of application of Law No. 1505, which according to information on the website of the President of the country will be effective for a two-year period, following the issuing of a Governmental Decree. The Committee also notes with concern that the Law on Inspections of Economic Entities, adopted by Government Decision No. 518 of 2007, which applies to the labour inspectorate (among other inspection bodies) and to all sectors (not only industry), provides for a number of limitations on inspections. The Committee further notes with concern that the Law includes restrictions with regard to the frequency and duration of labour inspections (for example, section 10 of the Law provides that an inspection body may not inspect an economic entity more than once every two years, or exceptionally for a high risk entity, not more than once every six months, and that new entities cannot be inspected until the end of their third year of registration), the need to give prior notice (for example, sections 11 and 13 of the Law provide that economic entities shall be notified three days before the initiation of inspections, except in emergency situations or aggravated sanitary situations (section 15)), and the limitations of the scope of inspections, particularly in terms of the issues to be inspected (section 13). The Committee emphasizes that any moratorium placed on labour inspection is a serious violation of the Convention, and urges the Government to ensure that the necessary legislative measures are taken with a view to ending the moratorium on labour inspections in the industrial sector. The Committee urges the Government to take the necessary measures to ensure that labour inspectors are empowered to make visits without previous notice, and that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in conformity with Articles 12 and 16 of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.