Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Tajikistan (Ratification: 1993)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 and 106 (weekly rest) and 52 (annual holidays with pay) together.

Article 2 of Convention No. 14 and Articles 6 and 10 of Convention No. 106. Weekly rest entitlement. Compliance. The Committee notes that the Government indicates, in its report, that in certain companies funded with foreign capital and in transnational corporations, workers can spend years without taking rest, and sometimes have to work without any days off. The Committee also notes that, according to its section 9, the Labour Code also applies to employees of organizations located in the country, whose property owners, participants or shareholders are foreign individuals and legal entities. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that in practice as well as in law, all workers, regardless of the nationality of the entity they work for, effectively enjoy an uninterrupted weekly rest period comprising not less than 24 hours in the course of each period of seven days, as required under the Conventions. The Committee also requests the Government to indicate the sanctions applied in the identified cases of non-compliance with weekly rest obligations by foreign-owned companies.

Article 8 of Convention No. 106. Temporary exemptions. In previous comments, the Committee had requested the Government to provide information concerning the circumstances in which temporary exemptions may be granted in accordance with the provisions of Article 8. The Committee notes that section 87(2) of the Labour Code provides for a list of exceptions that are in conformity with those foreseen by Article 8(1) of the Convention. The Committee also notes that section 87(2) also provides that work during weekends is allowed in other cases envisaged by the Tajik legislation and organizations’ internal regulations. The Committee requests the Government to indicate the other cases in which, according to section 87(2) of the Labour Code, the Tajik legislation and the organizations’ internal regulations foresee work during weekends.

Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106. Temporary exemptions. Compensatory periods of rest. In previous comments, the Committee had noted that section 82 of the 1997 Labour Code providing that compensation for work performed on a weekly rest day may take the form of an alternative day off or cash payment depending on the worker’s preference, was not in conformity with Articles 5 and 8(3) of the Conventions. The Committee notes that section 88 of the 2016 Labour Code replicates section 82 of the 1997 Labour Code. Recalling that a compensatory rest of at least 24 consecutive hours is compulsory and not optional, regardless of any financial compensation, the Committee requests the Government to indicate if, in case of exceptional work during weekends, a period of at least 24 hours of effective weekly rest is granted to workers, as foreseen under Articles 5 and 8(3) of Conventions Nos 14 and 106, respectively.

Article 7 of Convention No. 14. Notices and rosters. In its previous comments, the Committee had requested the Government to take measures in order to ensure full compliance with Article 7(a) of the Convention. The Committee notes that, according to section 24 of the 2016 Labour Code, the information related to weekly rest is included in labour contracts and/or in collective agreements.

Article 2(1) of Convention No. 52. Minimum duration of annual holiday with pay. In a previous comment, the Committee had noted with satisfaction that the Act No. 26 of 17 May 2004 amending the 1997 Labour Code had introduced a new section 94(1)(3) providing that, in the event of the postponement of annual holiday to the following year, workers shall benefit from at least 10 days’ holiday during the year in which they were due to take their entire holiday. The Committee notes that section 108(2) of the 2016 Labour Code allows, in exceptional cases, when offering full annual leave to workers at a particular year can have a negative impact on the smooth operation of the organization or the individual entrepreneur, the transfer of annual leave fully or partially to the following year with the employee’s consent. The Committee also notes that no provision in the 2016 Labour Code seems to guarantee that, in the event of postponement of annual holiday to the following year, workers benefit from at least six days of holidays during the year, as foreseen by this Article of the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that all workers, in any event, effectively enjoy at least six days of paid holidays per year.

Article 8. Sanctions. In previous comments, the Committee had requested the Government to indicate the legal provisions establishing sanctions in the event of the failure to comply with the provisions of the Labour Code concerning the annual holiday with pay. The Committee notes that the Government indicates that, in performing public oversight of labour matters, the trade unions’ rights and labour inspectors look at annual leave issues and issue dozens of orders concerning leave payment. The Government also indicates that, in the private sector, some workers have not been benefitting from annual leave for years. The Committee further notes that section 357(2) of the Labour Code provides that inspectors and authorized individuals on labour protection from trade unions and other employee representatives have the right to, inter alia, issue orders to employers on the elimination of revealed violations of labour protection requirements compulsory for implementation, and apply to relevant authorities to bring to justice the entities that violated the labour protection requirements and hid job-related accidents and make them responsible for these violations. The Committee requests the Government to indicate the sanctions applied in the reported cases of foreign enterprises having failed to comply with the provisions of the Labour Code concerning annual holidays with pay.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 8(3) of the Convention. Temporary exemptions. Compensatory rest. The Committee previously noted that, under the Convention, compensatory rest in case of temporary exemptions is compulsory and not optional and requested the Government to take measures to fully comply with the Convention in this regard. It notes the Government’s reference in its report to section 82 of the Labour Code which provides that compensation for work performed on a weekly rest day may take the form of an alternative day off or cash payment depending on the worker’s preference. In this connection, the Committee recalls that, under Article 8 of the Convention, the compensatory rest in the case of temporary exemptions is compulsory and not optional, regardless of any financial compensation, and the rest period must be of a total duration at least equivalent to 24 consecutive hours. The Committee requests, once again, the Government to indicate the measures taken or envisaged for bringing its legislation into full conformity with this provision of the Convention.

Article 11. Special weekly rest schemes. The Committee previously requested the Government to provide a list of the categories of persons and types of establishment for which special weekly rest schemes may have been established. The Committee notes the Government’s indication that, while no specific list has been drawn up, in practice, in organizations where work cannot be halted on normal rest days (weekends), the days off are allocated by agreement with the local government authorities in accordance with section 80 of the Labour Code. The Government also states that, where it is necessary to provide daily services to the public, a rolling timetable of days off is established. The Committee recalls that Article 11 of the Convention requires that the Government shall provide: (i) lists of the categories of persons and the types of establishment subject to special weekly rest schemes as provided for in Article 7 of the Convention; and (ii) information concerning the circumstances in which temporary exemptions may be granted in accordance with the provisions of Article 8. The Committee requests the Government to indicate the measures taken or envisaged to comply with this provision of the Convention.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 8(3) of the Convention. Temporary exemptions. Compensatory rest. The Committee previously noted that, under the Convention, compensatory rest in case of temporary exemptions is compulsory and not optional and requested the Government to take measures to fully comply with the Convention in this regard. It notes the Government’s reference in its report to section 82 of the Labour Code which provides that compensation for work performed on a weekly rest day may take the form of an alternative day off or cash payment depending on the worker’s preference. In this connection, the Committee recalls that, under Article 8 of the Convention, the compensatory rest in the case of temporary exemptions is compulsory and not optional, regardless of any financial compensation, and the rest period must be of a total duration at least equivalent to 24 consecutive hours. The Committee requests, once again, the Government to indicate the measures taken or envisaged for bringing its legislation into full conformity with this provision of the Convention.

Article 11. Special weekly rest schemes. The Committee previously requested the Government to provide a list of the categories of persons and types of establishment for which special weekly rest schemes may have been established. The Committee notes the Government’s indication that, while no specific list has been drawn up, in practice, in organizations where work cannot be halted on normal rest days (weekends), the days off are allocated by agreement with the local government authorities in accordance with section 80 of the Labour Code. The Government also states that, where it is necessary to provide daily services to the public, a rolling timetable of days off is established. The Committee recalls that Article 11 of the Convention requires that the Government shall provide: (i) lists of the categories of persons and the types of establishment subject to special weekly rest schemes as provided for in Article 7 of the Convention; and (ii) information concerning the circumstances in which temporary exemptions may be granted in accordance with the provisions of Article 8. The Committee requests the Government to indicate the measures taken or envisaged to comply with this provision of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 8(3). Temporary exemptions. Compensatory rest. The Committee notes that under section 82 of the Labour Code (Text No. 417 of 15 May 1997), depending on the worker’s preference, compensation for work performed on a weekly rest day may take the form of an alternative day off or cash payment at a higher rate. The Committee recalls, however, that the Convention requires compensatory rest to be granted in all cases of temporary exemptions to the normal weekly rest schedule, irrespective of any financial compensation. The Convention further requires that the duration of the rest period should be at least 24 hours if the exemption has led to the total cancellation of the rest period. Noting therefore that under the Convention compensatory rest in the case of temporary exemptions is compulsory and not optional, the Committee requests the Government to take the necessary measures in order to bring the national legislation into full conformity with the Convention in this regard.

Article 11. Special weekly rest schemes. Please provide a list of the categories of persons and the types of establishment for which special weekly rest schemes may have been established under section 80 of the Labour Code.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 8(3). Temporary exemptions. Compensatory rest. The Committee notes that under section 82 of the Labour Code (Text No. 417 of 15 May 1997), depending on the worker’s preference, compensation for work performed on a weekly rest day may take the form of an alternative day off or cash payment at a higher rate. The Committee recalls, however, that the Convention requires compensatory rest to be granted in all cases of temporary exemptions to the normal weekly rest schedule, irrespective of any financial compensation. The Convention further requires that the duration of the rest period should be at least 24 hours if the exemption has led to the total cancellation of the rest period. Noting therefore that under the Convention compensatory rest in the case of temporary exemptions is compulsory and not optional, the Committee requests the Government to take the necessary measures in order to bring the national legislation into full conformity with the Convention in this regard.

Article 11. Special weekly rest schemes. Please provide a list of the categories of persons and the types of establishment for which special weekly rest schemes may have been established under section 80 of the Labour Code.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 8(3). Temporary exemptions. Compensatory rest. The Committee notes that under section 82 of the Labour Code (Text No. 417 of 15 May 1997), depending on the worker’s preference, compensation for work performed on a weekly rest day may take the form of an alternative day off or cash payment at a higher rate. The Committee recalls, however, that the Convention requires compensatory rest to be granted in all cases of temporary exemptions to the normal weekly rest schedule, irrespective of any financial compensation. The Convention further requires that the duration of the rest period should be at least 24 hours if the exemption has led to the total cancellation of the rest period. Noting therefore that under the Convention compensatory rest in the case of temporary exemptions is compulsory and not optional, the Committee requests the Government to take the necessary measures in order to bring the national legislation into full conformity with the Convention in this regard.

Article 11. Special weekly rest schemes. Please provide a list of the categories of persons and the types of establishment for which special weekly rest schemes may have been established under section 80 of the Labour Code.