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

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 the responsibility for labour inspection fell within both 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, and requested further information on the relationship between the two inspectorates. In this respect, the Committee notes the Government’s indication in its report that the trade union inspectorate operates under the direction of national and regional trade union committees, but that trade union inspectors interact closely with labour inspectors from the SILME. The Committee notes the Government’s reference to 276 joint inspections undertaken in the period between 2018 and the first half of 2020, and its indication that the Federation of Independent Trade Unions currently has 17 branch committees, dealing with all sectors of the economy, and 28 labour inspectors (a decrease from the 36 trade union inspectors noted in 2018). The Committee nevertheless observes an absence of information regarding its previous requests concerning: (i) the status and conditions of service of labour inspectors in the SILME; and (ii) the funding of the trade union inspectorate. The Committee also notes that, pursuant to the Law on Inspections of Economic Entities No. 1269 (Law No. 1269), adopted in 2015 and subsequently amended (2017, 2019, 2020), a Council for the Coordination of the Activities of Inspection Bodies has been created, with the power to coordinate inspection plans of inspection bodies, to avoid duplication of inspections (sections 5 and 6). The Committee requests the Government to provide further information on the relationship between the SILME and the trade union inspectorate, including on the modalities of any arrangements in place to ensure effective cooperation between those two bodies, and on the relationship between both inspectorates and the Council for the Coordination of the Activities of Inspection Bodies. The Committee also requests the Government to provide the laws and regulations governing the status and conditions of service of state labour inspectors and the duties and powers of trade union inspectors, to enable the Committee to make a full assessment, as well as information on state labour inspectors’ conditions of service (including remuneration and career prospects) in relation to the conditions applicable to similar categories of public servants and trade union inspectors. In the absence of information in this regard, the Committee once again requests the Government to provide information on the sources of funding for the operation of the trade union labour inspectorate. Finally, the Committee requests the Government to continue to provide information on the numbers of SILME inspectors and trade union inspectors, and the material means at their disposal.

Articles 12 and 16. Powers of labour inspectors. 1. Moratorium on inspections. The Committee previously noted 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 would be suspended during the period of application of Law No. 1505. In this respect, the Committee notes with deep concern that, pursuant to Government Decree No. 990 of January 2018, as amended in 2019, a moratorium on all types of inspections of the activities of business entities in the area of manufacturing has been imposed until 1 January 2021. The Government states that, in 2019, the SILME inspected 2,069 economic entities, including 1,662 scheduled inspections and 375 unscheduled inspections. The Committee notes that the Government also indicates that, during this period, inspections at 818 economic entities were either not implemented or postponed for various reasons, such as their inclusion in the category of industrial facilities, the temporary or permanent halting of activities, or liquidation. In this respect, the Committee recalls its General Observation of 2019 on the labour inspection Conventions, expressing concern at reforms that substantially undermine the inherent functioning of labour inspection systems, including moratoria on labour inspections, and urging governments to remove these restrictions, with a view to achieving conformity with Convention No. 81. Recalling that any moratorium placed on labour inspection is a serious violation of the Convention, the Committee requests the Government to take all necessary measures to ensure that no further restrictions of this nature will be placed on labour inspection in the future. The Committee requests the Government to provide information on the developments in this regard, and to continue to provide information on the number of inspection visits undertaken by the SILME, disaggregated by type of inspections and by sectors.

2. Other restrictions on the powers of labour inspectors. The Committee previously noted that sections 19 and 348 of the Labour Code require employers to ensure free access of SILME labour inspectors to workplaces, but noted with concern that a number of restrictions on inspections existed in the Law on Inspections of Economic Entities, which applied to the labour inspectorate. In this respect, the Committee notes that the previous Law on Inspections of Economic Entities has been repealed, and notes with concern that Law No. 1269 appears to contain similar restrictions on the power of inspectors, including with regard to: (i) the frequency of inspections (section 22); (ii) the duration of inspections (section 26); (iii) the ability of labour inspectors to undertake inspection visits without previous notice (sections 16, 19, 21 and 24); and (iv) the scope of inspections (section 25). Referring to its General Observation of 2019 on the labour inspection Conventions, the Committee once again urges the Government to take the necessary legislative 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.

Article 13. Preventive measures in the event of a danger to the safety and health of workers. The Committee previously requested the Government to indicate the manner in which state labour inspectors are empowered to take steps with a view to remedying defects observed in plants, layout or working methods, which they may have reasonable cause to believe constitute a threat to the health or safety of workers. In this respect, the Committee notes that section 30 of Law No. 1269, provides for inspectors’ ability to make a decision on the temporary suspension of the activities of an economic entity for a maximum three month period and in prescribed circumstances, including due to a threat to life or health. The Government also indicates that, in 2019, inspections revealed 1,663 instances of infringements involving compliance with safety standards. The Committee requests the Government to provide further information on the manner in which state labour inspectors are empowered to take steps with a view to remedying defects observed in plants, layout or working methods, which they may have reasonable cause to believe constitute a threat to the health or safety of workers, in accordance with Article 13. Noting the Government’s indication regarding 1,663 instances of infringements of occupational safety and health (OSH) standards detected in 2019, the Committee also requests the Government to provide statistics on the application in practice of inspectors’ temporary suspension powers under section 30 of Law No. 1269 related to safety and health.

Articles 20 and 21. Obligation to publish and communicate an annual report on the work of the labour inspectorate. The Committee notes with regret that, while the Government provides statistics regarding labour inspection, it has not communicated an annual report on the activities of the labour inspection services for a number of years. The Committee nevertheless notes the Government’s reference to the existence of an OSH information and resource centre, which holds data on labour legislation, OSH rules and regulations and other issues. The Committee further notes that, pursuant to section 37 of Law No. 1269, inspection bodies must submit annual reports to the Council for the Coordination of the Activities of Inspection Bodies. The Committee urges the Government to take the necessary measures to ensure that the annual report of the labour inspectorate is published and transmitted to the ILO in the near future, in accordance with Article 20 of the Convention, and that this annual report contains information on all the subjects listed under Article 21.

In light of the situation described above, the Committee notes with concern that there has been no meaningful progress since the Committee’s last examination in 2018 with regard to the significant limitations on the functioning of the labour inspectorate, including the legislative restrictions on the undertaking of inspection visits and the moratorium on inspections in manufacturing, which constitute a serious violation of the Convention.

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

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