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

Protection of Wages Convention, 1949 (No. 95) - Tajikistan (Ratification: 1993)

Article 7(2) of the Convention. Works stores. Further to its previous request, the Committee notes the Government’s indication in its report that Article 7 is applied in practice. In this respect, the Committee recalls that Article 7(2) provides that where access to stores or services other than those operated in connection with an undertaking is not possible, the competent authority shall take appropriate measures with the object of ensuring that goods are sold and services provided at fair and reasonable prices, or that stores established and services operated by the employer are not operated for the purpose of securing a profit but for the benefit of the workers concerned. The Committee requests the Government to provide information on the measures adopted in this regard.

Article 8. Deductions from wages. In its previous comments, the Committee requested the Government to provide clarification on the purpose of section 109(4) of the Labour Code, according to which the employer was obliged to make deductions from the wage of the worker at his/her request made in writing in order to carry out non-cash payments. In this respect, the Committee notes that: (i) section 163(4) of the new Labour Code adopted in 2016, contains a similar provision; and (ii) the Government indicates that this provision is often used in practice for the convenience of workers following a written agreement, for example, for the repayment of loans or mortgages.

Articles 12 and 15(b). Regular payment of wages. Control of compliance. The Committee previously noted the information provided by the Government concerning the situation of wage arrears in nearly all sectors of the economy, particularly in construction, agriculture and industry. The Committee notes the indications made by the Government that wage arrears continue to be a problem in the country, even though measures have been taken to reduce and prevent them, such as the creation of specific units in ministries, regional and district authorities to coordinate the timely payment of wages. Concerning enforcement activities, the Committee also refers to its observation made under the Labour Inspection Convention, 1947 (No. 81) regarding the adoption of a labour inspection moratorium in 2018 in commercial workplaces for a two-year period. The Committee requests the Government to continue to provide information on the situation in the country concerning wage arrears, as well as on the measures taken to address this issue. Moreover, it requests the Government to provide information on the number of inspection visits undertaken to ensure compliance with the timely payment of wages by sector, the number of cases of non-compliance detected and the measures taken to settle all outstanding payments.

Articles 14(b) and 15(d). Wage statements and record-keeping. Further to its previous comments, the Committee notes that the Labour Code does not require employers to provide wage statements to workers at the time of each payment, or to maintain adequate wage records. It notes that the Government has not provided information on how effect is given in law and practice to these provisions of the Convention. The Committee therefore once again requests the Government to (i) specify how it is ensured that workers are informed at the time of each payment of the particulars of their wages for the period concerned, for example by means of payslips (Article 14(b)), and (ii) indicate any legislative or administrative provisions regulating the form and manner in which payroll records must be kept, as well as the specific wage particulars to be shown in those records (Article 15(d)).