Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. 1. Conciliation and mediation. The Committee previously noted that pursuant to section 358 of the Labour Code, public labour inspectors participate in discussions of labour disputes. In this respect, the Committee recalled that, pursuant to Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors, including mediation, shall not be such as to interfere with the effective discharge of those primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. In the absence of additional information on this issue, the Committee once again requests the Government to indicate the proportion of time and resources spent by labour inspectors on labour disputes, in comparison to those spent on the discharge of their primary duties as defined under Article 3(1) of the Convention.

2. Control of immigration law. In response to its previous request concerning the labour inspectorate’s role in the monitoring of immigration, the Committee notes the Government’s indication in its report that, in 2019, the State Inspection Service for Labour, Migration and Employment (SILME) of the Ministry of Labour, Migration and Employment found 68 infringements involving migration issues. The Committee recalls that it indicated in its 2006 General Survey, Labour Inspection, paragraph 78, that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. The Committee once again requests the Government to provide information on the role of the labour inspectorate in the monitoring of immigration, including the actions taken by labour inspectors upon detection of migrant workers without a valid work permit. In this respect, it requests the Government to take measures to ensure that any additional duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties. With respect to the 68 cases involving migration issues, the Committee requests the Government to provide information on any reinstatement of statutory rights for workers in those cases, including compensation for work performed.

Article 7(3). Training of labour inspectors. In the absence of additional information in this regard, the Committee once again requests the Government to provide information on the training provided to labour inspectors, including the number of labour inspectors and trade union inspectors that participated in those training activities, the frequency of such activities, and the subjects covered.

Article 14. Notification of industrial accidents and cases of occupational diseases to the labour inspectorate. The Committee notes that, pursuant to section 9 of the Procedures for investigating and recording industrial accidents and occupational diseases, approved by Government Decision No. 462 of 5 July 2014, the employer or his representative must notify, within 24 hours, accidents at work and diseases involving two or more people, serious accidents, or fatal accidents at work to the SILME. The Committee also notes the Government’s indication that, in 2019, the SILME documented and reviewed 79 accidents, including 51 fatal accidents. The Committee requests the Government to provide further information on the application in practice of the procedures for notifying industrial accidents and diseases to the labour inspectorate, including statistics on the number of recorded industrial accidents and diseases.

Article 15. Obligations of labour inspectors. The Committee notes that Law No. 1269 provides, under sections 33 and 34, for the general duty of labour inspectors to protect commercial secrets and not to disseminate information obtained as a result of an inspection and constituting a state, commercial, official, or other secret protected by law, except in circumstances defined by law. The Committee requests the Government to provide further information on the measures giving effect to Article 15(a) and (c) of the Convention.

Articles 17 and 18. Powers of labour inspectors to ensure the effective application of legal provisions concerning conditions of work and the protection of workers. The Committee previously noted that sections 357 and 358 of the Labour Code provide for the power of public labour inspectors and trade union labour inspectors to order the rectification of violations detected and submit cases of non-compliance to the judicial authorities. The Committee notes the statistics provided by the Government regarding the 8,610 infringements found by the SILME in 2019, including statistics on infractions in the field of occupational safety and health (OSH) and working conditions. In this respect, the Committee notes the Government’s reference to 1,853 cases of non-compliance with provisions of the Labour Code on working time in 2019, and its statement that action was taken in all cases against the responsible persons under the legislation, ranging from an order to remove or correct the infraction, to the imposition of administrative sanctions. The Committee also notes, however, that Law No. 1269 appears to limit inspectors’ ability to impose sanctions on economic entities in the first two years of their activities to prescribed exceptional cases (section 22). The Committee recalls that Article 17(1) of the Convention provides that, with certain exceptions (not directed at new operations), persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal or administrative proceedings without previous warning, but that exceptions may be made by national laws or regulations in respect of cases in which previous notice to carry out remedial or preventive measures is to be given. Article 17(2) specifies that it shall be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings. The Committee requests the Government to ensure that any exceptions to labour inspectors’ discretionary powers to initiate prompt legal proceedings without previous warning do not undermine the effectiveness of labour inspections. In this regard, the Committee requests the Government to provide further information on the manner in which labour inspectors’ right to institute legal proceedings under section 358 of the Labour Code is applied in practice. The Committee also requests the Government to continue to provide statistics on violations detected and the measures taken by labour inspectors, including fines imposed, cases referred to courts, and other remedial measures taken.

[The Committee asks the Government to supply full particulars to the Conference at its 109th Session and to reply in full to the present comments in 2021.]