Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Article 7(2) of the Convention. Works stores. Following its previous comment, the Committee notes the Government’s indication in its report that the price of socially essential goods is regulated by the State. While taking note of this information, the Committee requests the Government to indicate the measures adopted to ensure that prices of goods that are sold and services that are provided in work stores and that do not fall within the list of essential goods, are fair and reasonable, 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.

Articles 12 and 15(b). Regular payment of wages. Control of compliance. Further to its previous comments concerning wage arrears in the country, the Committee notes that the Government indicates a decrease in total wage arrears by 7,533,643 somoni from January 2022 to January 2023, with the total wage arrears amounting to 29,032,605 somoni as of January 2023 (approximately US$26 million). At the same time, the Government indicates that, in the period from November 2022 to December 2022, wage arrears have increased in all types of economic activities of the real sector, except for agriculture, forestry and fisheries. Concerning enforcement activities, the Committee notes the Government’s information that in 2022 the inspection services conducted 2090 inspections. However, the Committee notes that the Government does not indicate if these were inspection visits specifically undertaken to ensure compliance with 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 a moratorium on all types of inspections of the activities of business entities, which was re-introduced in March 2022, without a limit of time. The Committee requests once again the Government to take all necessary measures to address the persistent issue of wage arrears in the country and to provide information on the results achieved by those measures. With reference to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to take the necessary measures to ensure that effective penalties are imposed in the event of non-compliance of provisions concerning timely payment of wages, and to provide information in this regard. In this regard, the Committee requests that the Government provides specific information pertaining to the results of labour inspections conducted, including 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, including adequate penalties or other appropriate remedies.

Articles 14(b) and 15(d). Wage statements and record-keeping. Following its previous comment, the Committee notes the Government’s reference to the employer’s obligations with regard to wages provided in the national laws. However, the Committee notes that the Government does not indicate how workers are informed of their wages and the form and manner of wage record-keeping. The Committee recalls that under Article 14(b), effective measures must be taken to ensure that workers are informed in an appropriate and easily understandable manner at the time of each payment of wages, of the particulars of their wages for the pay period concerned, in so far as such particulars may be subject to change. The Committee further recalls that Article 15(d) calls for the maintenance, in all appropriate cases, of adequate wage records in an approved form and manner. The Committee wishes to highlight that a failure to inform workers of the particulars of their wages for a given period may be a contributing factor as regards the persistent problem of wage arrears. The Committee therefore once again requests the Government to indicate the measures adopted to give effect to these provisions of the Convention.