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

Individual Case (CAS) - Discussion: 2021, Publication: 109th ILC session (2021)

Written information provided by the Government

Information on the relationship between the State Inspection Service for Labour, Migration and Employment (SILME) and the trade union inspectorate

The Labour Code, the Trade Unions Act, and the Regulations on the Trade Unions Labour Inspectorate, approved by an executive committee resolution of the Council of the Federation of Independent Trade Unions, set out the rights and obligations of trade union labour inspectors.

Article 22 of the Act entitles the trade unions and their associations to exercise oversight of compliance with the national legislation and to make unimpeded visits to a public or private enterprise where trade union members are working, in order to conduct checks on compliance with the national labour legislation by employers and company officials (Version No. 1673 of 2 January 2020). In accordance with article 357 of the Labour Code, the Federation of Independent Trade Unions has established its own inspectorate, which controls and supervises compliance with occupational safety and health (OSH) standards and regulations. The Labour Code entitles trade union inspectors to make unimpeded checks on organizations’ compliance with OSH requirements and to submit proposals for mandatory consideration by officials in addressing any breaches of OSH regulations that are found.

The trade union inspectorate operates under the direction of the executive boards of the national and regional trade union committees concerned with the protection of workers’ rights and with oversight and compliance monitoring of working conditions and OSH, in all branches of the national economy.

With a view to strengthening trade union supervision of OSH matters, supplementary wording was introduced to the Trade Unions Act in Version No. 1673 of 2 January 2020. Thus, when trade union inspectors discover breaches of workers’ labour and social rights and healthcare entitlements, they are entitled to:

- compile reports and issue mandatory compliance orders;

- take part in the investigations of industrial accidents and occupational diseases conducted by state labour inspectors, and carry out an independent inspection;

- impose the requirement for a work stoppage in the event of a threat to workers’ lives and health;

- present proposals for mandatory consideration by employers and relevant state entities in remedying defects and breaches in safety, OSH and labour standards.

The trade union inspectors work closely with the state labour supervisory bodies. In 2020, despite the limitations imposed by the COVID-19 pandemic, they conducted over 600 OSH surveys in various branches of the economy, including more than 70 jointly with labour inspectors from the SILME, the Industrial and Mining Inspectorate and the Power Systems Inspectorate.

With a view to raising the effectiveness of the collaboration between SILME and trade union inspectors, the Council for the Coordination of the Activities of Inspection Bodies was set up. The Council has held annual meetings aimed at coordinating the activities of state and trade union labour inspectors, which have been attended by representatives of the Industrial and Mining Inspectorate, the Power Systems Inspectorate and the Health and Epidemiological Inspectorate. However, recently it has not been possible to hold these meetings, for a number of reasons including the pandemic. It may be necessary to revive the Council with technical assistance from the ILO regional office.

The Ministry of Labour, the SILME and the Federation of Independent Trade Unions regularly exchange information on a wide range of issues affecting cooperation on labour inspections, as well as holding joint round tables, seminars and conferences on OSH, labour inspection and other topics.

Thus, throughout 2020 and the first quarter of 2021, representatives of the Industrial and Mining Inspectorate and the SILME consistently invited the trade union inspectorate, together with trade union leaders and representatives, to join their investigations into fatal industrial accidents, or those resulting in serious injury or harm to two or more people.

Representatives of the Federation of Independent Trade Unions and the trade union inspectorate play a consistent role in all meetings of the Ministry of Labour departments concerned with social partnership, labour inspection and OSH. They also contribute actively to the measures taken by the Ministry of Labour and the SILME to improve collaboration on matters such as labour and OSH inspections, delays and arrears in the payment of workers’ earnings, and informal employment.

The SILME collaborates with inspectors from the Federation of Independent Trade Unions to hold regular round tables, seminars, conferences and other events involving the social partners, employers and workers on matters affecting OSH and the labour legislation.

Status and conditions of service of state and trade union labour inspectors

Chapter 40 of the Labour Code provides the legal basis for the establishment of state and non-state labour inspection intended to ensure compliance with the national legislation on labour and employment (SILME and trade union inspectorates), as well as for the monitoring of safe operations in industry and mining (Industrial and Mining Inspectorate).

The SILME is a central executive arm of the State. It exercises state supervision and control of compliance with the national legislation on labour, migration and employment, and facilitates the assessment of working conditions at institutions and organizations, regardless of form of ownership or hierarchical status, sole traderships and physical entities which use hired labour. The SILME inspectors are public employees (civil servants) whose status and working conditions are guaranteed under the Civil Service Act and thus ensure them stable employment. In accordance with this Act, wage levels, increments (according to a wage scale reflecting professional seniority) and increases (annual, not less than 15–20 per cent) of labour inspectors are determined by presidential decree.

In the 20 years since the SILME was formed, the regular staff complement of the state labour inspectorate has remained fairly stable. The profile of the SILME staff complement is as follows:

- in 2001 there were 60, of whom 35 worked for regional offices;

- in 2007 there were 72, of whom 38 worked for regional offices;

- in 2014, owing to the abolition of positions in the SILME concerned with pension scheme supervision, the number reverted to 60, of whom 31 worked for regional offices;

- since July 2020 there have been 28 inspectors at headquarters and 32 in the regional offices.

The length of service of SILME labour inspectors in the Ministry of Labour system varies as follows: 3 with over 20 years, 16 with over 15 years, 16 with over 10 years, 12 with over 5 years and 13 with 3–5 years. The SILME has one of the lowest staff turnovers among the state organs. SILME workers are assured the necessary working conditions. Labour inspectors at headquarters and in the regional and territorial offices are provided with adequate office accommodation and equipment (computers, printers, scanners, faxes, copiers, three-part portable toolkits (laboratories) to measure workplace conditions, subsistence expenses, etc.).

All SILME employees are provided with personal internet access, and at headquarters, with technical assistance from the ILO Moscow Office, a functioning information and resource centre and a library on OSH matters have been installed, equipped with a slide projector and an interactive screen giving access to the internet resources of the ILO, the SILME, the Ministry of Labour and other information sites.

At the legislative level, the Civil Service Act and the Regulations on the SILME, and others, contain provisions for effective social protection measures (mandatory life assurance and health insurance for inspectors (as public servants) and their families, pension provision, etc.), define the powers, rights and obligations of labour inspectors, and prescribe the penalties for obstructing inspectors’ legal activities, circumventing the legal requirements, threatening inspectors’ lives and health, and other offences.

The SILME is supported fully from public funds (wages, subsistence costs, equipment, furniture, etc.). The SILME has 60 employees with public servant status (not counting secretarial staff, drivers, cleaners, etc.). These include 28 headquarters staff and 32 public servants in 8 regional offices.

The Federation of Independent Trade Unions currently comprises 17 trade union branch committees covering all sectors of the national economy and employing 24 labour inspectors. In accordance with article 35(3) of the Trade Unions Act, full-time labour inspectors are paid from the trade union budget.

The moratorium on inspections and developments in this regard

Law No. 1269 of 25 December 2015 on Inspections of Economic Entities states that all state control and inspection bodies must provide written notification of an upcoming planned inspection to organizations and entrepreneurs entitled to hire workers, at least five days in advance, and must not conduct inspections of new organizations during their first two years of operation. The exception is organizations belonging to the high-risk group; these are subject to visits by labour inspectors not more than twice per year, regardless of the starting date of their operations.

In this connection, the number of inspections of enterprises deemed to be high-risk under the terms of the above-mentioned Law on Inspections of Economic Entities must not exceed 10 per cent of the total number of organizations liable for inspection in a calendar year.

In 2018, in order to provide governmental support for manufacturers, create new jobs, strengthen the country’s industrial potential and expertise, reduce the number of unfounded and repeat inspections, cut down on corruption, establish favourable conditions for businesses and improve the investment climate, and with technical advice from the International Finance Corporation (IFC) and the World Bank, the Government declared a moratorium on all types of inspection of manufacturing enterprises until 1 January 2021. That moratorium has now expired.

The above-mentioned legal provisions do not cover the supervisory and verification powers of trade union labour inspectors. Trade union inspection bodies are not obliged to agree their inspection plans and activities annually with the Council for the Coordination of the Activities of Inspection Bodies, attached to the Government. The main reason for this is that, under the existing national legislation, trade unions function independently from governmental bodies and any interference in their legal activities is unlawful.

In order to ensure the effectiveness of SILME’s inspection work, a number of measures have been agreed with the Council for the Coordination of the Activities of Inspection Bodies. Thus, during the moratorium, on instruction from the SILME leadership and subject to reasonable grounds (serious infringements of OSH regulations at enterprises which endanger workers’ lives and health, other violations of labour regulations), and also in response to complaints, claims and enquiries (in writing or online, via a hotline, and the SILME site) made by workers and other persons, labour inspectors have conducted unscheduled and surprise inspections at such enterprises (namely without the required prior written notification) in connection with issues of compliance with labour legislation, OSH standards and regulations, while guaranteeing the confidentiality and anonymity of the complaints and claims. The results of these inspections have been made available to the Council for Coordination and to the claimants, and widely publicized on the official websites of the SILME, the Ministry of Labour and the SILME Facebook page, and by information agencies and media outlets.

The inspections conducted by the SILME since the beginning of 2021 have complied fully and unrestrictedly with the provisions of the Labour Inspection Convention, 1947 (No. 81).

It is important to note that, when labour inspectors receive messages and communications suggesting sufficient grounds for the presence of violations of OSH standards and regulations and other labour standards, unscheduled and surprise inspections may be carried out without prior notification to enterprises, provided notification is given to the Council for Coordination.

During the moratorium, the judicial authorities and the representatives of the Council for the Coordination of the Activities of Inspection Bodies regularly and without fail looked into the complaints and claims received from the persons concerned, at all industrial facilities without exception, regardless of the moratorium and moreover with the mandatory involvement of SILME inspectors.

During 2020 and the first quarter of 2021, the SILME, acting in accordance with its work plan and in response to requests from law enforcement agencies, instructions and directions from the Government and the Ministry of Labour, and also communications, claims and complaints from workers and legal persons, carried out 2,443 inspections at enterprises, of which 1,957 were scheduled, 457 unscheduled, 28 repeated and 1 supplementary.

Labour standards were at the root of 2,204 of these inspections, while 163 involved safety or OSH, 42 concerned employment and 35 migration. Over the reporting period, 155 (154 in 2019) joint inspections were conducted with other state inspection bodies and trade union inspectors.

A total of 10,922 infringements were detected, of which 8,329 concerned labour, 1,617 were breaches of safety and OSH regulations, 308 concerned migration and 668 related to employment matters. During 2020 and the first quarter of 2021, the overall activities of the SILME helped to refund to the national budget and reimburse to citizens a total amount of 42,127,000 Tajikistan somoni. Out of this sum, 30,053,400 somoni comprised unpaid earnings and 3,475,800 somoni was compensatory pay.

In all the above-mentioned cases of infringement, appropriate action was taken against the perpetrators according to the law, through the issue of mandatory compliance orders designed to eliminate the problem, and the imposition of administrative sanctions.

A total of 130 files were sent to law enforcement agencies for action. Criminal proceedings were initiated against 44 responsible officials. For having committed administrative offences in the sphere of labour, migration and employment, a total of 422 employers and other responsible officials in organizations were handed fines over the reporting period amounting to 520,000 somoni, paid into the national budget.

In the course of their inspections at enterprises and organizations, SILME officials also give special attention to OSH matters, additional safeguards for women, persons with family responsibilities and children, the prohibition of workplace discrimination, the conclusion of collective (branch and regional) agreements (contracts) and individual employment contracts, the furtherance of social justice and the improvement of working conditions for women and children.

In accordance with the requirements of the Law on Inspections of Economic Entities, and with the exception of inspections carried out by governmental decree, a state inspection body must notify an entity in writing of its intention to conduct an inspection within five working days of the starting time. Written notification is the key element in conducting a scheduled inspection and the inspection bodies are entitled to begin an inspection not earlier than five and not later than ten working days from the day when the economic entity receives such notification.

The number of inspections of high-risk enterprises, comprising those with harmful and hazardous working conditions as defined in the provisions of the above-mentioned Law on Inspections of Economic Entities, must not exceed 10 per cent of the overall total of organizations inspected in a calendar year.

It should be recalled here that the above-mentioned provisions do not cover the supervisory and verification powers of trade union labour inspections. Trade union inspection bodies are not obliged to agree their inspection plans and activities annually with the Council for the Coordination of the Activities of Inspection Bodies. The exception is organizations belonging to the high-risk group; these are subject to visits by labour inspectors not more than twice per year, regardless of the starting date of their operations.

For the purposes of ensuring that labour inspectors’ work is fully in accordance with the international obligations of Tajikistan, the position of the SILME leadership regarding compliance with the requirements of Convention No. 81 was officially transmitted to the Council for the Coordination of the Activities of Inspection Bodies.

A protocol resolution of the Council for Coordination assigned the Ministry of Justice, the Committee for State Property Investment and Management, and other relevant governmental agencies the task of considering this matter and submitting the necessary proposals for harmonizing the relevant legislation.

Accordingly, on the instructions of the SILME and where there were sufficient grounds (serious infringements of OSH standards, other violations of the labour regulations), and also in response to complaints, claims and enquiries made by workers and other persons, labour inspectors have conducted unscheduled and surprise inspections at such enterprises (namely without the required prior written notification) on issues of compliance with labour legislation, OSH standards and regulations, while guaranteeing the confidentiality and anonymity of the complaints and claims.

Now, checks by SILME labour inspectors comply fully and unrestrictedly with the provisions of Convention No. 81.

The question of the frequency of visits to enterprises is decided by labour inspectors on the basis of the information available about the status of enterprises’ compliance with OSH and labour regulations.

A due diligence checklist for inspections was compiled by SILME experts in accordance with the requirements of ILO Convention No. 81, the Labour Code and the SILME Statute adopted by Government Decision in 2014 and amended on 21 July 2020. This document formalized the wide powers of labour inspectors to conduct unscheduled, surprise, targeted and verification inspections. The checklist for the inspections conducted by SILME labour inspectors in 2018 was duly entered in the register of local statutory legislation of the Ministry of Justice. If necessary, the SILME can supply more detailed information on these matters.

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

Pursuant to section 3(7) of the Regulations on the SILME, adopted by Government Decision No. 299 of 3 May 2014, with amendments of 24 July 2020, SILME labour inspectors are granted sweeping powers to take steps to deal with infringements and defects in this regard.

In 2020, the Government department responsible for assessing working conditions and SILME regional inspectors conducted 118 inspections and detected 1,218 infringements of OSH standards and regulations, while in the first quarter of 2021 they carried out 45 inspections and found 399 such infringements. Also in 2020, in connection with plans for the construction of new industrial facilities, the renovation of industrial facilities, as well as the installation of machinery, mechanisms and industrial equipment, inspectors issued 168 reports containing 1,456 requirements to take the necessary steps to remedy infringements of OSH regulations, and in the first quarter of 2021, 49 such reports containing 383 requirements. In 2020 and the first quarter of 2021, SILME labour inspectors, following review of complaints and communications from workers, acted immediately on 265 occasions to detect and remedy violations of working conditions by officials. In 2020, fines amounting to 241,044 somoni were imposed on 200 employers and other company officials for infringements of the OSH standards and regulations, while in the first quarter of 2021, the fines imposed on 95 employers and other company officials amounted to 121,020 somoni; this became income for the national budget.

Information on the application in practice of inspectors’ temporary suspension powers under section 30 of Law No. 1269 related to safety and health

Under section 7(3) of the SILME Regulations, an inspector is entitled to halt the activities of enterprises and production sites in order to remedy infringements of the OSH requirements, if their activities threaten the lives and health of workers. During 2020 and the first quarter of 2021, there were 95 cases in which SILME inspectors halted activities completely at enterprises, production sites and industrial sole traderships where accidents had occurred, in order to fully remedy infringements of OSH requirements and ensure that inspectors’ legal requirements were met. No legal appeals against the labour inspectors’ actions over this period were recorded.

Annual report concerning ILO Convention No. 81

The State Inspection Service for Labour, Migration and Employment sends quarterly and yearly reports on its activities to the Ministry of Labour. The Ministry in turn includes the annual SILME reports in its annual report to the ILO on its implementation of the ILO Conventions ratified by Tajikistan.

In the future, the SILME will send the ILO the annual reports on its labour inspection activities under Article 20 of Convention No. 81, including information on all the subjects listed in Article 21.

Statistics on violations detected and the measures taken by labour inspectors, including fines imposed, cases referred to courts, and other remedial measures taken

To remedy the 10,922 violations detected in 2020 and the first quarter of 2021, the inspectors issued 2,089 mandatory compliance orders. As a result of their inspections, 179 files relating to employers and to other company officials guilty of violating labour legislation and the rules and regulations on safety and OSH were sent to the prosecution agencies and internal affairs authorities for further action.

The review of these files by the law enforcement agencies led to the initiation of criminal proceedings against 54 employers and other company officials.

Labour inspectors imposed fines amounting to 746,000 somoni on employers and company officials for administrative offences relating to labour, migration and employment; this money was collected and transferred to the national budget. Nine employers were fined a total of 13,100 somoni for failure to comply with orders issued by SILME inspectors, and this sum too was collected in full and paid into the national budget.

Note: The Government submitted an annex with legislation cited. Information was also provided in reply to the direct request of the CEACR, which was not included to comply with the applicable word limits.

Discussion by the Committee

Interpretation from Russian: Government representative, Ambassador, Permanent Representative – The Labour Code of Tajikistan sets out provisions on the role of trade unions, as approved by the Executive Committee of the Federation of Independent Trade Unions. The Code thus sets out the rights and obligations of trade unions.

The Federation of Independent Trade Unions of Tajikistan, in line with article 357 of the Labour Code, has established its own labour inspection service. In accordance with the requirements of the Labour Code, the inspectors of the Federation have the right to inspect enterprises in accordance with OSH requirements, and to identify violations.

In order to strengthen the role of trade unions in monitoring OSH conditions, the above-mentioned legislation has been amended to comply with certain requirements, including the following: labour inspectors of trade unions have the right to record violations; carry out inquiries into cases of occupational illnesses in accordance with legal requirements; and to impose a work stoppage in the event of a threat to workers’ lives. They may oblige employers and relevant state entities to remedy defects and breaches in the areas of OSH and labour standards. Trade union inspectors work closely with the state labour supervisory bodies. A Council for the Coordination of Activities of Inspection Bodies was established in order to further strengthen collaboration between the two inspection services.

The Council meets in certain intervals each year, with the participation of representatives of the Ministry of Labour, the Industrial and Mining Inspectorate, the Power Systems Inspectorate and the Health Inspectorate. However, for a number of reasons, including the pandemic, it has not been possible to hold such meetings in the recent period. It will thus be necessary to revive the Council, with technical assistance from the ILO Regional Office. The Ministry of Labour regularly exchanges information with the inspection services on a wide range of issues, and holds joint round tables, seminars and conferences on OSH, labour inspection and other topics.

In accordance with the provisions of the Labour Code, the participation of inspectors of the Federation, jointly with the state inspection service, is mandatory in inquiries into individual cases of occupational diseases.

In 2020 and the first quarter of 2021, the trade union inspectorate, together with trade union leaders and representatives, were invited to participate in the examination by the Ministry of Labour, including its OSH inspectorate, of issues such as delays and arrears in the payment of workers’ earnings.

Special status is given to the work of labour inspectors, since the state labour inspectorate is the central enforcement body of the state system. As such, the inspectorate has to ensure the proper application of the Labour Code, including with regard to migrant workers, in all enterprises, regardless of their status or form of ownership.

Labour inspectors are civil servants. During the 20-year period since the establishment of the state inspection service, the regular staff complement of the inspectorate has remained fairly stable. Labour inspectors have thus considerable experience and seniority, although the length of service of labour inspectors varies as follows: 3 inspectors with over 20 years; 16 with over 15 years; 16 with over 10 years; 12 with over 5 years. At the current time, the level of staff turnover in the labour inspectorate is the lowest among the different state bodies. Appropriate working conditions are enjoyed by all labour inspectors, regardless of whether they work in the central administration or in regional offices, and all inspectors are provided with sufficient resources, offices, technical support and other necessary resources in order to be able to carry out their work. All employees are provided with personal internet access. With the support of the ILO, it was possible to establish an information centre.

With regard to the moratorium on inspection, the number of inspections carried out in accordance with the law was not to exceed 10 per cent of the total number of organizations liable for inspection in a calendar year. Meanwhile, Government support was provided to strengthen the country’s industrial potential, improve export capacity, and build the country’s enterprise sector in order to support a positive environment. The moratorium was effective until 1 January 2021 with regard to the inspection of all manufacturing enterprises in order to allow time for the creation of appropriate employment conditions and a pleasant working environment. However, the moratorium came to an end on that date. It also did not affect inspections by trade union inspectors, who do not require any approval or permission for their work and whose action is independent of state authorities.

Turning to the practical implementation of the mandate of the inspectors and the exercise of their powers, the action taken depends on the level of threat to the life or safety of workers. Measures to be taken are explained to employers. Where required, the activity of the enterprise concerned is stopped so that violations of the law can be addressed and appropriate health and safety at work be ensured.

Annual reports are sent by the responsible state body to the Ministry of Labour. Concerning the reports that need to be sent to the ILO, in the future we will strive to send an annual report to the Organization, in accordance with the relevant Article of the Convention and the established procedures.

Furthermore, it is noted that in accordance with articles 357 and 358 of the Labour Code, the powers of labour inspectors are fully respected. As regards labour disputes, they are being dealt with in accordance with the Labour Code, including, where necessary, through proceedings in the courts.

The work of the labour inspectors also includes monitoring the application of the legislation on migration. Labour migration is a major issue in our country. In this regard, the Labour Ministry and the relevant state service ensure that the law is being complied with, particularly regarding voluntary migration, in line with the relevant provisions of the Convention.

Due to lack of time, I do not wish to go through the entire report, which can be found on the Committee web page.

Worker members – We have already had the opportunity to recall during our discussions that labour inspection is fundamental. In its general observation on the Convention, the Committee of Experts even refers to a vital public service, which is vital because it is “at the core of promoting and enforcing decent working conditions and respect for fundamental principles and rights at work”. It is not therefore by chance that Convention No. 81 is considered to be a priority governance Convention.

It is essential for workers to be able to count on fully competent inspection services that benefit from the necessary resources for their role. We have to regret the fact that the workers of Tajikistan are not able to count on these fundamental guarantees due to the violations of the Convention by Tajikistan. As we could see at previous sessions of the Committee, the weakening of inspection services is unfortunately a common practice in this region of the world.

The first serious violation of the Convention that we must note in Tajikistan is a result of Law No. 1505, which provided for a moratorium on inspections in industrial workplaces until 1 January 2021. According to the written information provided by the Government, this moratorium has not been extended beyond 1 January 2021. It is essential for Tajikistan to refrain from reintruducing such a moratorium in future, as it is incompatible with the Convention.

Alongside the moratorium on labour inspections, we must also note the restrictions on the powers of labour inspectors, in breach of the provisions of the Convention. The latest law adopted, Law No. 1269, contains restrictions on the powers of inspectors in relation to the frequency of inspections, their duration, the possibility for labour inspectors to carry out inspections without previous notice and their scope. The written information provided by the Government indicates that the restrictions on the powers of labour inspectors only apply to state labour inspectors and not trade union labour inspectors.

Such a moratorium and such restrictions on the powers of inspectors are in violation of Articles 12 and 16 of the Convention, which empowers labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, and to carry out any examination, test or enquiry which they may consider necessary to satisfy themselves that the legal provisions are being strictly observed. That should apply to all labour inspectors, irrespective of whether they are state labour inspectors or trade union labour inspectors. The powers of state labour inspectors therefore need to be fully restored to ensure conformity with the Convention.

In its general observation, the Committee of Experts regrets that limitations on labour inspection are often imposed following advice from other international institutions. We note that the Government based its action on the advice of the International Finance Corporation and the World Bank when introducing the moratorium. That is extremely problematic, and the ILO should enter into dialogue with these international institutions to avoid it.

Article 13 of the Convention provides that labour inspectors shall be empowered to take steps with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of workers. While article 30 of Law No. 1269 appears to contain a provision allowing inspectors to do this, the legal scope of this provision in practice was not very clear. The written information provided by the Government enable us to understand the scope of this provision better and to receive preliminary information on the number of measures taken by labour inspectors on this basis. It is essential for the Government to provide such information in good time in future as a basis for assessing the implementation in practice of Article 13 of the Convention.

With reference to the duality of the inspection functions assumed by the state and trade union labour inspectors, we thank the Government for the written information provided. However, we regret that this information was not provided to the Committee of Experts in good time. While this information sheds light on some of the issues raised by the Committee of Experts, it appears by the Government’s own admission that the coordination of these two inspection services is currently deficient, as the Council responsible for their coordination no longer meets. Moreover, the information on the sources of financing for trade union inspection services is very limited and we must note a further decrease in their numbers in relation to the numbers indicated in the report of the Committee of Experts. The number of labour inspectors has in practice fallen from 28 to 24.

Articles 20 and 21 of the Convention lay down the obligation to publish and transmit to the ILO an annual report on the work of the inspection services, and determine its content. It appears that such annual reports have no longer been transmitted to the ILO by Tajikistan for many years. According to the written information provided by the Government, regular reports are however prepared and compiled within the Ministry of Labour. It is therefore to be regretted that such reports are not transmitted to the ILO, as required by Articles 20 and 21 of the Convention. It is important for Tajikistan to provide further information in good time on the operation of the labour inspection services and the results of their work, so that the ILO can monitor compliance with Tajikistan’s obligations under the Convention.

Tajikistan ratified the Convention in 2009. Since 2012, the Committee of Experts has been commenting on the lack of information provided by Tajikistan on the application of the Convention. It is not therefore a new issue. However, what is much more worrying is that it is only recently that Tajikistan appears to have taken a further step in the violation of the Convention. The first hints of the introduction of a moratorium on labour inspections go back to 2018. It is undoubtedly this important development that has led to Tajikistan being severely singled out by the Committee of Experts through a double footnote, and with reason. And yet Tajikistan benefits from a Decent Work Country Programme for the period 2020–24, one of the objectives of which is to increase the effectiveness of labour inspection.

The ILO, and particularly the Committee, must send a strong message to Tajikistan, calling on it to ensure the full conformity of its law and practice with the Convention and to comply with its reporting obligations.

Employer members – I would like to start the discussion for the first case on our list, Tajikistan, by underlining the importance of Convention No. 81, both for the protection of workers and for a functioning economy.

In a previous discussion on this Convention, the Employers’ group noted that “if ILO Conventions and Recommendations articulate the spirit, philosophy and principles of the ILO, labour inspection is the lifeblood that sustains ILO instruments once they are incorporated in law and regulation and ensure that ratified instruments are implemented in practice”. It is no coincidence that this Convention was classified by the International Labour Conference as a priority Convention because of its importance for the governance of national institutions to promote employment and ensure compliance with labour standards.

Moreover, more than one year into what arguably is the worst public health and economic crisis since the 1918 influenza pandemic, cooperation between labour inspectorates, governments, employers and workers has never been more valuable in protecting those in the workplace and accelerating economic recovery. In particular, the pandemic has strengthened the key role of labour inspectorates as suppliers of “technical information and advice to workers and employers concerning the most effective means of complying with the legal provisions”, as mentioned in Article 3 of the Convention.

Convention No. 81 was ratified by Tajikistan in 2009. This is the first time the Committee has discussed Tajikistan’s application of this Convention. Disturbingly, however, this discussion comes under a cloud, having been classified by the Committee of Experts as a “double-footnoted” case, as the Worker members have already mentioned. This matter has been the subject of three observations since 2018, as well as of multiple direct requests since 2012.

In prior observations, the Committee of Experts expressed its concern about the limited functionality of the labour inspectorate over at least the last four years, and the lack of meaningful progress in that time. Key concerns in this regard include:

• the existence of a dual system of inspection undertaken in parallel by the State and trade unions, and the lack of a central authority entrusted with the supervision and control of labour inspection generally;
• a moratorium on all types of inspections of the activities of business entities in manufacturing from February 2018 to 1 January 2021;
• statutory restrictions on the power of inspectors regarding the frequency, duration and scope of inspections and the ability of labour inspectors to undertake inspection visits without previous notice;
• lack of clarity on the powers of inspectors to remedy defects observed in plants, layout or working methods, which could be a threat to the health and safety of workers; and
• no publication of the annual report of the labour inspection services by the central inspection authority.

The Employer members would like to thank the Government for shedding light on the functioning of labour inspection in Tajikistan, as well as for clarifying the reasons behind the moratorium. Our comments will focus on three of the most concerning issues in this case.

First, how the labour inspectorate operates. This is vital, particularly since the Convention essentially requires a system of labour inspection under the supervision and control of a central authority, and where “collaboration between officials of the labour inspectorate and employers and workers or their organisations” is required under Article 5(b).

Furthermore, Articles 3(2), 4 and 6 of the Convention respectively state that:

Any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

So far as is compatible with the administrative practice of the Member, labour inspection shall be placed under the supervision and control of a central authority.

In the case of a federal State, the term central authority may mean either a federal authority or a central authority of a federated unit, such as a State.

The inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences.

Given the clarity of the wording of the Convention, it is all the more concerning that the labour inspectorate system in Tajikistan is run simultaneously by the State Inspection Service for Labour, Migration and Employment, and the Federation of Independent Trade Unions. We remain unclear whether all inspections are conducted jointly, but it is clear from the Committee of Experts’ observations that there is close interaction between the two inspection branches. Since 2015, pursuant to the Law on Inspections of Economic Entities No. 1269, a Council for the Coordination of the Activities of Inspection Bodies has been created, with the power to coordinate the inspection plans of inspection bodies, to avoid duplication.

Furthermore, in its 2018 observation, the Committee of Experts noted that section 353 of the Labour Code obliges employers to fund the work of the trade union labour inspectorate. All of this is at odds with the Convention. Indeed, in the Employers’ view, this seems to institutionalize a breach of the Convention.

While the Convention allows flexibility in the way inspections must be conducted and is accommodating of a variety of systems of labour inspection that are placed under the supervision and control of a central authority, the actual practice seems rooted in historical practices (sharing inspectorate responsibilities between the State and the trade unions) which were common in the past in Central and Eastern Europe. However, we are not in the past, and Tajikistan’s practice is not in line with the Convention.

While on this point, the fact that labour inspection duties are covered by trade unions at all is problematic from the perspective of impartiality and independence and in breach of Article 6 of the Convention. In the 2006 General Survey, the Committee of Experts noted that “as can be seen from the preparatory work on Convention No. 81, public servant status was considered necessary for inspection staff as it was the status best suited to guaranteeing them the independence and impartiality necessary to the performance of their duties”.

The Employer members consider that more than ten years into the ratification of the Convention, Tajikistan should be able to fully implement Articles 4 and 6 in law and in practice, as well as all other Articles of the Convention previously mentioned.

Under the terms of the Convention, the labour inspectorate must function as an autonomous system under the supervision and control of a central authority, in cooperation with other relevant public or private institutions and in collaboration with employers and workers or their organizations. A system whereby two separate bodies of labour inspection, one run by the trade unions (and, we understand, funded with the employers’ contributions) and the other by the Ministry of Labour, is not compatible with the Convention.

The Employers therefore urge the Government to: ensure that inspection staff be exclusively composed of public officials; place the labour inspection under the supervision and control of a central authority; and replace the dual system of inspection by a system that is compatible with the Convention.

Our second key issue relates to the activities of labour inspectors. The Committee of Experts noted that Law No. 1269 partially restricts the power of inspectors, including limiting the frequency of inspection, duration, ability to undertake inspections without previous notice and the scope of inspections. The Committee of Experts also mentioned lack of clarity around the power of inspectors to remedy defects observed in plants, layout or working methods, which could be a threat to the health and safety of workers. Such limitations are clearly incompatible with the Convention, particularly with Articles 12 and 16. The former provision outlines the power of labour inspectors “to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection” and the latter that “workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions”. These provisions are crystal clear in their intent and ambit, and lack of compliance is hard to excuse. The capacity to remedy dangerous situations should be adapted in compliance with Article 13 of the Convention.

The Employer members reiterate the need for independent and unrestricted operation of labour inspection so as to guarantee good governance, transparency and responsibility in the system for protecting workers’ rights. The Employer members urge the Government to lift these statutory limitations to inspectors’ powers as soon as possible.

The third serious issue is the moratorium, previously mentioned by the Workers, imposed by Decree on all types of inspections of the activities of business entities in the area of manufacturing until 1 January this year, and we understand this no longer exists, that it was not continued past that date. The Employers note that the moratorium, even before it was lifted on 1 January, was not universal and applied only to new organizations during the first two years of operation, except organizations belonging to the high-risk group, which were still subject to visits by labour inspectors, but not more than twice per year.

We also note that even during the moratorium, subject to reasonable grounds, including responding to complaints, claims or inquiries made by workers and other persons, labour inspectors have conducted unscheduled and surprise inspections at such enterprises in connection with issues of compliance with labour legislation, OSH standards and regulations. The moratorium did not apply to the supervisory and verification powers of trade union inspectors, as under the national legislation, trade unions function independently from government bodies and any interference in their legal activities is unlawful. This is very concerning for other reasons mentioned above related to Article 6 of the Convention. Indeed the irony of the Government being able to proscribe the activities of its officials, but not those of the union officials undertaking the same functions, is inescapable.

During the moratorium, the judicial authorities, the representatives of the Council for the Coordination of the Activities of Inspection Bodies regularly looked into the complaints and claims received from the persons concerned at all industrial facilities and without exception regardless of the moratorium. To be clear, the Convention does not allow for the exemption or exclusion of the manufacturing sector from the scope of labour inspection. There is no rational correlation between improved public service management and the suspension of labour inspection.

Finally, the Convention provides for the publication and communication to the International Labour Office of an annual inspection report, which has to include information on the legal basis of labour inspection, the composition and the distribution of inspection personnel, their areas of competence and their activities, as well as industrial accidents and cases of occupational disease. This publication provides a snapshot on the labour inspection in the country every year and must not be neglected.The Employer members request the Government to transmit in timely fashion a copy of the annual report on labour inspection to the ILO Office in line with Article 20 of the Convention.

Interpretation from Russian: Worker member, Tajikistan – The trade unions in Tajikistan are recognized as entities that can represent the workers of Tajikistan in accordance with our Labour Code and fully in line with international labour standards. All standards relating to occupational safety and health are something that we are particularly concerned with. We therefore seek to ensure compliance with all relevant Conventions, including Convention No. 81. We recognize, in the light of issues that have been raised, that there is some information that has to be provided to the Committee.

First of all, in Tajikistan, the situation is that it is not possible for us to ensure that the state labour inspectorate carries out inspections fully in line with the mandate that should be borne by it. We recognize that when it comes to the State Inspection Service for Labour, Migration and Employment, they are not able to carry out inspections in the independent and autonomous way that they should.

We recognize the importance of protecting workers’ rights in Tajikistan and we recognize that in the relevant texts, for instance, in Article 11, the powers that are held by the state inspection service are supposed to be exercised in a way that is agreed in accordance with the tripartite partners. Nonetheless, there are a number of questions that have to be answered, particularly relating to the sources of funding for the Inspectorate of the Federation of Independent Trade Unions. I can assure you that the budget that we have has been constantly in decline since 2008. Therefore, because of the way the budget has been decreasing, we have not been able to ensure that the labour inspectorate which operates from the budget of the employers is in fact being funded in the way that it should.

We recognize the importance of efforts to ensure that there can be a truly independent inspectorate in the country and we must recognize that the labour inspectorate does have a plan of work which is in the statutes. Nonetheless, in terms of the way its work is actually being carried out, it is not in fact in line with what it is required to do.

If you look at the functions of the state inspection service within the Ministry, alongside the Federation of Independent Trade Unions, you see that there is a situation in which it is not possible to fully guarantee the right of workers to have their fundamental rights, including occupational safety and health, fully respected. There have been a very large number of violations of the Labour Code, which have been established by the inspectorate and which have not yet been fully investigated.

On the question of the authority of the inspectorate to carry out inspections, including periodical unannounced inspections into specific issues, a certain amount of work is being undertaken, certainly within the organizations at the enterprise level. When there is an accusation of a violation of the provisions of the Labour Code and when workers feel that their rights are not being respected, there is a grievance procedure through which they can submit their complaints.

However, the periodicity of inspections is determined by the labour inspectorate itself, in accordance with the relevant provisions of the Labour Code. That being so, the state inspection service is in touch with representatives of the trade unions who do indeed have the right, through the trade union bodies, to provide information when they think there may have been a violation of the Labour Code.

Trade unions, in the way that they work with the labour inspectorate, work closely with the state inspection service. Despite the difficult situation in the country over the past couple of years because of the COVID-19 pandemic, there have nonetheless been more that 190 investigations of violations that have been flagged in this way to the state inspection service.

The state inspection service works throughout the country in all of the different administrative regions. Its work has been made very difficult because it has had to halt or interrupt some of the work as a result of certain security and safety concerns. Yet, nonetheless, it has been possible to intervene in certain specific cases where workers were able to raise concerns. They have identified a number of violations of workers’ rights. These are issues that have been raised in the trade union newspaper Solidarity and there has also been information that has been made available over television broadcasts and radio broadcasts.

A lot of work has been done in working with different NGOs and other bodies of civil society within our country. We worked on a tripartite basis with employers and workers, as well as government bodies, and they have sought to monitor activities, especially when it has been recognized that there have sometimes been problems where there has been an overlap in terms of the two parallel inspectorate structures doing the same thing. They have recognized that they now have to work together and ensure that they do not end up duplicating the work done by another body.

Government member, Portugal – I have the honour to speak on behalf of the European Union (EU) and its Member States. The Candidate Countries, the Republic of North Macedonia, Montenegro and Albania, the European Free Trade Association (EFTA) country Norway, Member of the European Economic Area (EEA), as well as the Republic of Moldova, align themselves with this statement.

The EU and its Member States would like to underline the importance we attribute to the promotion, protection and respect of human rights, including labour rights, as safeguarded by ILO Conventions. We also believe that safe and healthy working conditions should be ensured for all, everywhere, and we support the recognition of the right to safe and healthy working conditions as a fundamental right at work, as laid down in numerous ILO Conventions. The EU and its Member States are therefore committed to the promotion of universal ratification, and the effective implementation and enforcement of fundamental international labour standards. Labour inspection is key in promoting and safeguarding decent working conditions, and compliance with Convention No. 81 is essential in this respect.

The EU and its Member States are long-term partners of Tajikistan, with relations guided by the bilateral partnership and cooperation agreement, which came into force in 2010. Jointly with Tajikistan, we are also considering enhancing our relations through a new enhanced Partnership and Cooperation Agreement. We welcome Tajikistan’s interest in becoming a GSP+ beneficiary, which would imply an even stronger commitment to implementing ILO fundamental Conventions. An effective labour inspection system is crucial to monitoring the implementation of labour standards.

We note with satisfaction that the moratorium on all types of inspections of the activities of business entities in manufacturing since February 2018, as clarified in the written information from the Government, has now expired, with no plans for its renewal. As the Government maintains that some inspections continued during the moratorium, we invite the Government to clarify the impact of the expiry on the number and rigour of inspection activities. Furthermore, we underline the importance of ensuring that an annual report of the labour inspectorate is published, containing information on all subjects listed under Article 21 of the Convention, and is transmitted to the ILO in due time. We are deeply concerned about the lack of clarity and the duality of inspection functions assumed by the Government and trade union labour inspectors in the Republic of Tajikistan.

We appeal to the Government to provide the requested information to the Committee on developments in this regard. In addition, information should be provided on the funding of the trade union inspectorates and the manner in which they coordinate with the state inspection service.

In line with the Committee of Experts’ recommendation, the EU and its Member States urge the Government of Tajikistan to provide copies of the laws and regulations governing the status and conditions of service of state labour inspectors and the duties and powers of trade union inspectors. Additional information on state labour inspectors’ conditions of service in relation to the conditions applicable to similar categories of public servants and trade union inspectors is also requested.

We expect the Government to provide information on the application of the aforementioned laws. Moreover, we appeal to the Government to remove the restrictions and limitations on labour inspectors so as to ensure that they are empowered to enter, freely and without previous notice, to undertake inspections as often and as thoroughly as necessary, and to remedy the defects observed. The EU and its Member States will continue to support the Government of Tajikistan in this endeavour.

Worker member, France – It is vital to recall that Convention No. 81 plays a fundamental role due to its interdependence with all international labour standards. Indeed, without a labour inspectorate that has the human, financial and legal resources required to be effective, no fundamental or labour rights can be properly enforced. Its role is currently all the more important, at a time when the pandemic is regaining ground, making the risk of infection in the workplace omnipresent. It is more necessary than ever to ensure compliance with occupational safety and health regulations in general, and specifically those related to COVID-19 risks.

The case under consideration today is problematic in that, firstly, the Government has not fulfilled its reporting obligations under the Convention, despite ratifying it in 2009 and despite the Committee of Experts already having made observations in that regard in 2018. Secondly, moratoriums were established in 2018, 2019 and 2020, up to 1 January 2021, in order to derogate from labour inspection.

The Committee of Experts expresses deep concern at these moratoriums on labour inspection, and at Law No. 1269 on inspections of economic entities, which contains similar restrictions on the powers of inspectors, particularly with regard to the frequency, duration and scope of inspections. This Law contravenes the principles and provisions set out in the Convention.

The Committee of Experts and the Conference Committee have already referred regularly to violations of the Convention in the region, for example in Ukraine and the Republic of Moldova. The Workers are therefore concerned at what could be described as a regional tendency to derogate from labour inspection by means of moratoriums on labour inspections or through laws containing similar restrictions, with the aim of fostering trade, particularly on the advice of the World Bank, which is of grave concern to us. Indeed, in several documents, such as the Tajikistan Systematic Country Diagnostic of May 2018 and the Country Partnership Framework for Tajikistan of April 2019, to name but two, the World Bank expresses its support for the Government in reducing what it describes as “burdensome administrative procedures” caused by what it deems to be “excessive inspections” and encourages the Government to implement its reforms, which it calls the modernization of labour inspection. This is a question of coherence among the institutions of the multilateral system, some of which, clearly in this case, do not shy away from calling into question the very legitimacy of international labour standards.

The Workers are also alarmed to note that, at any moment, the Government can impose this type of moratorium or legislate with the aim of reducing the powers, and therefore the effectiveness, of labour inspectors, paying little attention to its international obligations, including its obligation to report to the Committee of Experts.

It is vital that the labour inspectorate is able to conduct its work under the Convention, in terms of both prevention and sanctions, in order to provide effective guarantees for workers’ rights.

Government member, United Kingdom of Great Britain and Northern Ireland – In January 2022, the United Kingdom and Tajikistan will celebrate 30 years of diplomatic relations. Through dialogue and targeted programmes, we support Tajikistan’s economic and social development. Through our partnership we seek to ensure the promotion and enhancement of the rules-based international system, effective governance, the rule of law and human rights.

The United Kingdom notes the various and important concerns raised by the Committee of Experts in relation to Tajikistan’s coherence to the Convention. These include the recent moratorium on inspections in industrial workplaces, the incompatibility of national legislation with the Convention in relation to the ability of labour inspectors to make visits without previous notice and as often as necessary, and the failure to provide necessary annual reporting on the work of the labour inspectorate to the ILO. These are clear and serious violations of the Convention. We note Tajikistan’s response to the concerns raised. While the moratorium on inspections has now expired, we urge the Government to take all necessary measures to ensure that no further restrictions of this nature are placed on labour inspections in the future.

We note the statement that all checks undertaken by the State Inspection Service for Labour, Migration and Employment comply fully with the provisions of the Convention. We also note the willingness of the Government to ensure that mandatory annual reporting is provided to the ILO in a timely fashion. We appeal to the Government to engage closely, openly and transparently with the ILO in future and to strive towards full compliance with the provisions of the Convention.

The United Kingdom will continue to support the Government of Tajikistan on achieving this and looks forward to working further with Tajik partners on effective governance and policy innovation and in creating employment opportunities for their people.

Government member, Switzerland – The objective of labour inspection is to ensure good governance, transparency and the responsibility of a labour administration system, and also to contribute to the application of international standards in national labour legislation. To ensure the sound functioning of labour inspection, a solid enforcement mechanism must be established, as set out in the Convention.

Switzerland welcomes the progress made in Tajikistan over the past three decades, particularly in relation to the ratification of international labour standards. While recognizing the efforts made by the Government to modernize labour conditions, Switzerland denounces the moratorium imposed on labour inspection. The moratorium leaves the door open to excesses in labour practices, such as the employment of minors, unpaid work, overtime, particularly in arduous work such as in mines and cement works. Switzerland would be very interested in being informed of the action taken by the Government during this moratorium, particularly to control child labour.

From this perspective, Switzerland encourages the Government to continue its efforts to take all the measures requested by the Committee of Experts. In particular, it encourages the Government to adopt all the necessary legislative measures as soon as possible to end the moratorium on labour inspections and to reinforce the operation of its enforcement system. The Government should allow inspectors to carry out inspections without previous notice and to undertake them as thoroughly as is necessary, in accordance with the Convention.

Finally, Switzerland counts on the goodwill of the Government to intensify its efforts, and to take this opportunity to reform its inspection system, combat corruption and ensure greater transparency in the system, and offer its citizens better working conditions and well-being.

Interpretation from Russian: Another Government representative, the Deputy Minister of Labour, Migration and Employment – On 19 May 2021, before the start of the International Labour Conference, the Government had the opportunity to speak with specialists from the ILO on the issue of labour inspection. As you know, in 2009, we ratified the Convention. Earlier in the discussion, another Government representative presented the information that we had sent for the consideration of the Committee. We have taken very seriously all the recommendations and conclusions of the Committee of Experts, and we have started indeed to fulfil those recommendations, and to resolve the issues identified.

We understand that there is additional information required with regard to the relationship between the state inspection service and the trade union inspection service. We believe that they are now working together quite well. The labour inspectorate of the Government of Tajikistan, we believe, is in line with ILO requirements, and we have tried to respond to the questions raised. This labour inspection service tries to ensure the necessary labour conditions for workers.

With regard to the moratorium, a law was introduced for a moratorium on inspections in manufacturing by the state inspection service, and then subsequently, the moratorium was extended. However, there were certainly inspections in areas which we considered to be critical. Our inspectors were able to inspect the factories where we had doubts.

With regard to inspection plans, we believe that we are in line with the requirements under the Convention. The plans will be considered by the Ministry of Labour, Migration and Employment of the Republic of Tajikistan, and if we believe it necessary, we will raise issues and also get in contact with other appropriate bodies in that respect.

With regard to the annual labour inspection reports, there have been concrete measures taken in this regard. Thanks to the help from the ILO in this area, every year there is a report published by the state labour inspectorate, in accordance with the reporting responsibilities under the Convention.

Under the laws of the Republic of Tajikistan, state labour inspectors are not allowed to be involved in labour disputes. However, they can be invited to court, and subpoenaed to court as witnesses.

I should note that migration control is overseen by the migration division of the Ministry of Labour, Migration and Employment, and there are labour agreements with regard to labour protection, and also with regard to the protection of workers from other countries. The state labour inspectorate also looks at issues of labour relations between foreign workers and national employers, and also between national workers and foreign workers.

Furthermore, last year, a reform of the labour inspection system in Tajikistan was undertaken, and – partly with a view to providing greater authority to labour inspectors and partly with regard to changing the way that they work – there were some structural changes of the labour inspectorate undertaken at that time.

I should like to say that the comments and the proposals from the Committee of Experts will be carefully considered. We will undertake the necessary additional measures, in terms of both providing the necessary information and in terms of activities. We would like to assure you that the Republic of Tajikistan takes very seriously its responsibilities under the Convention.

Employer members – The rich debate we just had in fact proves the continued relevance of the Convention for the world of work.

The Employer members consider that in a State in which the rule of law prevails, a modern labour inspectorate and an independent and judicious legal framework are essential to establishing an environment conducive to enterprise, increasing legal and economic security and reducing the social risks to which investors are exposed. Such a system is capable of maintaining fair competition, promoting investment, economic growth and employment creation. As we have said, this case presented three elements of major concern, the lack of essential authority to supervise and control labour inspections, combined with concerns over a dual system of inspection functions assumed by state and the trade union labour inspectors. The other restrictions, by virtue of Law No. 1269 on inspection of economic entities on the powers of inspectors, relate to the frequency, duration and scope of inspections, the ability of labour inspectors to undertake inspection visits without notice, and the moratorium imposed by Decree No. 990 of January 2018 on all types of inspections of the activities of business entities in manufacturing until January this year. Following the debate, the Employer members invite the Government to commit further to bring its legislation and practice into line with the Convention.

We would like to conclude this brief summary by requesting the Government: to replace the dual system of labour inspection by a system in line with the Convention, with guarantees of the independence and impartiality of labour inspectors, in particular by ensuring that labour inspection staff are composed of public officials only; to ensure that effective collaboration between the officials of the labour inspectorate and employers’ and workers’ organizations is established and is effective; to ensure that inspections are possible as often as necessary without prior notice and within the scope indicated in Articles 12 and 13 of the Convention; to avail itself of ILO technical assistance in order to adjust the various elements of inadequacy of the Tajik labour inspection system with the Convention; and to refrain from imposing any further moratorium on labour inspections in the future.

On the understanding, from the information provided by the Government, that the moratorium on labour inspection is no longer in effect, we call upon the Government to refrain from imposing any such restrictions in the future.

Worker members – These conclusions need to begin with an important reminder: any moratorium imposed on labour inspection is a serious violation of the Convention. The fact that this moratorium is no longer applicable does not take anything away from the gravity of this violation, which applied from 2018 to 2021. It is therefore essential for the Government to take all the necessary measures to guarantee that no further moratorium is imposed on the inspection services in future. To allow supervision of the situation, the Government should make sure that it provides full information on this subject and on the number of inspections carried out by the inspection services.

As we have seen, many restrictions are imposed on labour inspectors. In order to allow the independent, free and effective operation of the inspection services, it is essential to lift these restrictions. The Government must therefore guarantee the full powers of the state inspection services in accordance with the Convention.

We have also seen that the Government recognized in its written observations that the body coordinating the system of state inspection services and the system of trade union inspection services has not met for some time. It is vital to relaunch the operation of this body in order to ensure sound cooperation between these two inspection services and to ensure their effectiveness.

We also call on Tajikistan to engage fully in the achievement of outcome 2.2 of its Decent Work Country Programme established in collaboration with the ILO, which applies for the period 2020–24, namely the effectiveness of the labour inspection is increased.

While the existence of trade union inspection services does not exonerate the Government from establishing state inspection services that are fully competent and with the necessary resources for their action, in conformity with the Convention, we can only share the position of the spokesperson of the Employers’ group that it would be incompatible with the Convention to entrust labour inspection functions to the trade unions, in addition to the state inspection services.

The Government must ensure in future that the central inspection authority publishes within a reasonable period an annual report, which also has to be transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention. The Government should also provide the ILO with all the reports of its central inspection authority from previous years, which have not yet been communicated.

For the implementation of these recommendations, we also call on Tajikistan to ensure the full involvement of the social partners.

In general terms, we are bound to regret the lack of information provided in good time by the Government, which inevitably complicates the work of the ILO supervisory bodies. We therefore call on the Government to ensure, in general, compliance with its constitutional obligations in relation to the ILO and to provide all the information requested in good time. More specifically, we ask the Government to provide full information in good time on the powers of labour inspectors to take measures to eliminate hazards to the health and safety of workers, and statistics in this regard. We also request it to provide full information in good time on the state inspection services, with regard to their relations with trade union inspection services, their respective competences, the status of labour inspectors, sources of financing, the coordination of state inspection services with trade union inspection services, and the respective numbers of inspectors in these services.

With a view to ensuring the effective implementation of all these recommendations, we invite the Government to accept an ILO technical mission within the framework of the ILO technical assistance that is already being provided to Tajikistan.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

The Committee regretted the failure of the Government to report in compliance with the Convention to the Committee of Experts.

Recalling the fundamental role of labour inspection in achieving decent work and in protecting workers rights, the Committee noted with deep concern the long-standing issues regarding compliance with the Convention.

Taking into account the discussion, the Committee urges the Government of Tajikistan to:

• take all necessary measures to ensure that no moratorium or other restrictions of this nature on labour inspections be placed in the future;
• provide information on the developments regarding labour inspections, including on the number of inspection visits undertaken by the labour inspectors, disaggregated by type of inspections and by sectors;
• take all 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 and to guarantee the powers of the state inspectorate in line with the Convention;
• revive the functioning of the Council for the Coordination of the Activities of Inspection Bodies so as to ensure the effectiveness and the efficiency of both labour inspectorates;
• implement the outcome 2.2 of the Decent Work Country Programme 2020–2024, in order to increase the effectiveness of the labour inspection;
• publish reports on the work of the inspection services and transmit those reports to the ILO in line with Articles 19 and 20 of the Convention; and
• involve the social partners in implementing those recommendations.

The Committee urges the Government to fulfil its reporting obligations under the Convention.

The Committee invites the Government to accept an ILO technical advisory mission within the framework of the ongoing technical assistance of the ILO in Tajikistan.

Interpretation from Russian: Government representative – We would like to thank you for giving us the chance to take the floor. At the beginning of May, consultations were carried out with the ILO, with the relevant Ministry of Tajikistan, relating to the Committee of Experts’ comments.

The replies relating to the Convention were prepared by us and on 24 May we sent them to the Committee. They contain crucial information on the statistics and social partners’ activities. Later, in the Committee, we listened to the discussion on the case, and a series of recommendations were made consequently.

We will continue working on the basis of your comments and recommendations with regard to the preparation of our annual report. Previously, the responsibility came under a separate Ministry. We have noted the comments made in relation to the publication of reports on the work of labour inspection services. At the moment, these issues are being discussed and in the future the full report will be forwarded to the Committee of Experts. It has already been published on the website with comments relating to the moratorium. The temprary moratorium was stopped this year indefinitely, and with regard to future labour inspections, further information will be provided.

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

Previous comment

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. 1. Conciliation, mediation and dispute settlement. Following its previous comment, the Committee notes the Government’s indication in its report that, in accordance with section 21 of the Trade Union Act, trade unions have the right to represent the interests of their members in bodies considering individual and collective labour disputes. Trade union representatives also take part in the work of commissions on individual labour disputes and other bodies considering a labour dispute. Moreover, trade unions have the right, if they are approached by trade union members, to file a lawsuit in court on their behalf and to defend in court their labour, economic, social and other rights related to labour relations. The Committee requests the Government to clarify whether trade union inspectors are involved in the above-mentioned activities as trade union representative or as inspectors. It also once again requests the Government to clarify further the nature of activities undertaken by labour inspectors in their duties under section 2(5) of the State Inspection Service for Labour, Migration and Employment (SILME) Regulations, as concerns the promotion of the effectiveness of collective bargaining, activities of consensus committees, mediation and labour arbitration.

2. Control of immigration law and other duties. Following its previous comment, the Committee notes the Government’s information on additional functions of the SILME. Accordingly, in terms of labour migration, the service monitors issues relating to recruitment, employment and labour relations with foreign nationals in the Republic of Tajikistan. With regard to environmental and voluntary migration, the SILME monitors the implementation of resettlement plans for environmental and voluntary migration in the country. As for employment issues, the SILME monitors the laws on recruiting and employing unemployed citizens within the country. The Government also indicates that the SILME has separate structures or departments to fulfil these functions. The Committee further notes that, according to the 2021 annual report on the activities of the SILME, among 11,809 violations detected, 51 related to internal and environmental migration and 661 related to employment. While taking note of this information, the Committee once again requests that the Government provide further information on the outcome of cases involving migration issues, including on any cases of reinstatement of statutory rights for migrant workers either by labour inspectors of the SILME or by the Trade Union Inspectorate.

Article 7(3). Training of labour inspectors. Following its previous comment, the Committee notes the Government’s information on trainings provided to trade union labour inspectors, especially within the framework of the Programme entitled “Enhancing the Capacity of Trade Unions to Combat Forced and Child Labour”. A two-day training course to raise awareness on combating forced labour was held for 43 trade union labour inspectors. Eight training courses (one day training) were held with 170 trade union inspectors from the agro-industrial complex, and another two training courses were held in Gorno-Badakhshan Autonomous region where 40 trade union inspectors participated. Trainings are also planned in other regions, such as Sughd and Khatlon, as well as the Districts of Republican Subordination. Moreover, a one-day workshop will be held at the end of the Programme to present the project results and develop an Action Plan for the Federation of Trade Unions on preventing and combating forced labour. The Committee requests the Government to continue to provide information on the training provided to trade union labour inspectors, including the subjects, number of inspectors that participated in those training activities and their frequency.

Article 13. Preventive measures in the event of a danger to the safety and health of workers.Activities of trade union inspectors. Following its previous comment, the Committee notes the statistical information provided by the Government regarding the application in practice of trade union labour inspectors’ powers to suspend work in the event of a threat to workers’ lives and other inspection activities. Accordingly, in 2021, trade union inspectors carried out 1,147 Occupational Safety and Health inspections in various sectors, with work suspended at seven entities. The Committee requests the Government to continue to provide statistical information on cases of work suspension ordered by trade union inspectors and by public labour inspectors, as well as information on orders for employers to eliminate detected violations of labour protection requirements, including whether such orders did in fact eliminate the violations.

Article 14. Notification of industrial accidents and cases of occupational diseases to the labour inspectorate. Following its previous comment, the Committee notes the statistical information on the application in practice of the Procedures for investigating and recording industrial accidents and occupational diseases. In this respect, the Committee notes that, in the reporting period, the SILME received 101 notifications of industrial accidents from employers and prosecution agencies, with 57 injuries and 50 fatalities. The Committee also notes that the 2021 Annual Report on Labour Inspection contains statistics provided by the Republican Clinical Centre for Occupational Diseases, according to which 629 patients were registered. The Committee takes note of this information which addresses its previous request.

Article 15. Obligations of labour inspectors. Following its previous comment, the Committee notes the Government’s indication that the Act on State Secrets and Other Secrets Protected by Law has a general scope of application which also covers the trade unions. Accordingly, trade union inspectors are obliged to fulfil all the requirements provided by this Act, including ensuring absolute confidentiality of the source of any complaint regarding deficiencies or violations of labour legislation and other regulatory and legal acts during inspections. The Committee notes the Government’s information which addresses its previous request.

Articles 20 and 21. Obligation to publish and communicate an annual report on the work of the labour inspectorate. Following its previous comment, the Committee notes the Government’s indication that the annual report on the activities of the Labour Inspectorate is published on the website of the Ministry of Labour, Migration and Employment. The Committee also notes the 2022 report of the Ministry published on its website contains statistical information on the number of economic entities and employed workers, as requested. The Committee requests the Government to continue its efforts to ensure that annual reports on the work of the labour inspectorate are published and transmitted to the ILO in accordance with Article 20 of the Convention, and that they contain all the information covered by Article 21(a)–(g).

[The Government is asked to reply in full to the present comments in 2024.]

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

Previous comment

The Committee notes that, following the conclusions of the Conference Committee on the Application of Standards adopted in June 2021, an ILO Technical Advisory Mission (TAM) was undertaken to Dushanbe from 15–21 May 2022 in order to assess technical assistance needs and identify ways forward to meet the country’s international obligations under Convention No. 81.

Articles 3, 4, 5(b), 17 and 18 of the Convention. Operation of the labour inspection system under the supervision and control of a central authority. Duality of inspection functions assumed by state and trade union labour inspectors. Following its previous comment, the Committee notes the Government’s indication in its report that the Council for the Coordination of the Activities of Inspection Bodies suspended its meetings due to a number of reasons, including the COVID-19 pandemic and that technical assistance from the Office would be welcome in strengthening the work of the Council. The Committee notes that, in the context of the ILO TAM, the State Inspection Service for Labour Migration and Employment (SILME) pointed to the cooperation with trade union inspectors, including through attendance at one another’s meetings, and trade union notifications of industrial accidents and complaints received. The representatives of the Federation of Independent Trade Unions of Tajikistan informed the ILO TAM that they did not see a contradiction between their mandate and the one of the SILME and that, while trade union inspectors could not impose sanctions, they could pursue enforcement through other means, such as appeals to courts. Recalling that labour inspection is a public function that should be performed by public officials, the Committee requests the Government to: (i) provide information on the manner in which the trade union inspectorate operates in a way that complements the activities of the SILME, including examples of how the trade union inspectorate coordinates its activities with those of the SILME; and (ii) provide information on the manner in which the activities of the SILME are supervised and controlled, including on the setting and review of priorities by the Council for the Coordination of the Activities of Inspection Bodies once its activities are resumed, and the role of the Prosecutor General’s Office.

Articles 6, 10 and 11. Status and conditions of service of labour inspectors. Number of labour inspectors and material means at their disposal. Following its previous comment, the Committee notes that, in the context of the ILO Technical Advisory Mission, the Federation of Independent Trade Unions of Tajikistan indicated that, since 2015, the trade union inspectorate has been funded through each trade union’s own budget, while positive trends were seen in the number of inspectors. Noting the absence of information on the matter,the Committee once again requests the Government to indicate how the independence of SILME inspectors is ensured in practice, in particular with regard to the requirement established in section 37(1) of Law No. 1269 on Inspections of Economic Entities, which provides that the performance of an inspection body official should be assessed based on criteria including feedback from the inspected economic entities. In addition, the Committee once again requests the Government to provide further information on the material means at the disposal of trade union labour inspectorate in practice.

Articles 12 and 16. Powers of labour inspectors. Moratorium on inspections. The Committee previously noted that the moratorium on inspection in the area of manufacturing had expired on 1 January 2021. The Committee notes with deepconcern that a moratorium on all types of inspections of the activities of business entities has been reintroduced by Presidential Decree of 16 March 2022, with a general scope of application to all sectors and without limit of time. In the context of the ILO TAM, the Deputy Minister of Labour emphasizes that labour inspectors could still conduct inspections under the moratorium: (i) where there are signs of non-compliance in private entities; and (ii) in public entities. 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 urges the Government to take all necessary measures to ensure that the current moratorium is lifted and that no other restrictions of this nature are placed on labour inspection in the future. It also requests the Government to provide information on developments in this regard, and to provide information on the number of inspection visits undertaken by the SILME, disaggregated by type of inspections and by sectors, including specifically inspections in private entities where there are no signs of non-compliance.

Other restrictions on the powers of labour inspectors. Following its previous comment, the Committee notes with deepconcern that the restrictions imposed by the Law No. 1269 on inspections of economic entities, including with regard to: (i) frequency of inspections (section 22); (ii) 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), are still in force after the 2023 amendment. It also notes that the Government does not provide any further information regarding the due diligence checklist for inspections compiled by SILME specialists. With reference to its General Observation of 2019 on the labour inspection Conventions,the Committee once again urges the Government to pursue its efforts and continue to take all necessary measures to bring its national legislation into full conformity with Articles 12 and 16 of the Convention. It requests the Government to provide information on the measures taken and the developments in this regard, and to communicate a copy of the due diligence checklist established by the SILME for inspections. In addition, the Committee once again requests that the Government provide statistics regarding the number of inspection visits undertaken by labour inspectors of the SILME without previous notice, as compared to inspection visits undertaken with prior notice, and similar statistics regarding inspections undertaken with and without previous notice by trade union labour inspectors. The Committee also requests detailed information on the number and nature of violations detected with respect to each category of inspection by each set of inspectors.

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. In response to its previous comments on the application of labour inspectors’ right to institute legal proceedings, the Committee notes the statistics provided by the Government regarding violations detected and the measures taken by labour inspectors during the reporting period. The Committee also notes the Government’s reference to section 22(7) of Law No. 1269 which provides that sanctions on an economic entity in the first two years of its activity may only be applied in exceptional cases, if the activity of the entity in question, in accordance with the legislation of the Republic of Tajikistan, cannot be secured by other means, and only if it is necessary and unavoidable to prevent harm to the life and health of the public or the environment, when such harm poses a serious threat. The Committee requests the Government to take the necessary measures, including lifting the restriction imposed by section 22(7) of Law No. 1269, to ensure that persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning and that adequate penalties are imposed. It also requests the Government to clarify if trade union labour inspectors have the power to initiate prompt legal proceedings without previous warning.

Lastly, the Committee notes the request of technical assistance formulated by the Government with regard to the strengthening of the Council for the Coordination of the Activities of Inspection Bodies. The Committee hopes that this technical assistance will be provided in the near future and that it will cover the functioning of the Council as well as all other issues raised in the Committee’s comment.

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

[The Government is asked to reply in full to the present comments in 2024.]

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

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. 1. Conciliation, mediation and dispute settlement. Following its previous comments on the role of labour inspectors in conciliation and mediation, the Committee notes that, before the Committee on the Application of Standards in June 2021, the Government stated that state labour inspectors are not allowed to be involved in labour disputes under national law, but can be invited to court, and subpoenaed to court as witnesses. Nevertheless, the Committee notes that the duties of the State Inspection Service for Labour, Migration and Employment (SILME), include promoting the effectiveness of collective bargaining, activities of consensus committees, mediation and labour arbitration, pursuant to section 2(5) of the Regulations of the SILME approved by Government Decision No. 299 of 3 May 2014 and amended in 2020 (SILME Regulations). The Committee also notes that, pursuant to Part II of the Regulations on the Trade Union Inspectorate, trade union labour inspectors have the right to participate in labour dispute settlement. The Committee requests the Government to provide further information on the nature of the role played by trade union labour inspectors in dispute settlement. It also requests the Government to clarify further the nature of activities undertaken by labour inspectors in their duties under section 2(5) of the SILME Regulations, as concerns the promotion of the effectiveness of collective bargaining, activities of consensus committees, mediation and labour arbitration.

2. Control of immigration law and other duties. The Committee notes the Government’s indication in its report that labour inspectors of the SILME are empowered to monitor and inspect compliance with legislation on environmental, voluntary and internal migration. In this respect, section 2(5) of the SILME Regulations also provides that the SILME is entrusted with assistance in regulating the employment of foreign migrants. The Committee notes that the annual report on the work of the labour inspectorate covering the period 2020–21 (Annual Report on Labour Inspection 2020–21) contains statistics on the penalties imposed for violations related to migration issues. Nevertheless, the Government states that the monitoring of labour migration and the distribution of work permits in accordance with legislation, are handled by the Migration Service. Finally, the Committee notes that, pursuant to section 2(5) of the SILME Regulations, the SILME is also entrusted with tasks such as the promotion of employment, the organization of the labour market, and other tasks contributing to the development of matters related to labour, migration and employment. The Committee requests the Government to indicate the activities of labour inspectors in promoting employment, organizing the labour market, regulating the employment of foreign migrants, and executing the other tasks envisaged under section 2(5) of the SILME Regulations, including the time and resources spent on each such task envisaged under section 2(5), as compared to the time and resources spent on their primary duties under Article 3(1) of the Convention. The Committee also requests the Government to provide further information on the duties and nature of activities undertaken by labour inspectors in the monitoring of environmental, voluntary and internal migration, including the proportion of time and resources spent on such activities. It requests the Government to provide further information on the outcome of cases involving migration issues, including on any cases of reinstatement, by labour inspectors of the SILME or the Trade Union Inspectorate, of statutory rights for migrant workers.

Article 7(3). Training of labour inspectors. Following its previous comments on this matter, the Committee notes the information provided by the Government regarding the different opportunities available in the area of training and skills development, with funding from the state budget, for labour inspectors of the SILME. The Committee notes that, according to the Government, 33 inspectors of the SILME attended skills development and retraining courses regarding the protection of workers in the period 2018–20, and an additional 18 SILME inspectors attended such courses in the first semester of 2021. The Committee requests the Government to provide further information on the training provided to trade union labour inspectors, including the number of labour 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 previously requested statistics on the application in practice of the Procedures for investigating and recording industrial accidents and occupational diseases, approved by Government Decision No. 462 of 5 July 2014. In this respect, the Committee notes the data provided by the Government, including its indication that, in the reporting period, the SILME received 111 notifications of industrial accidents from employers and prosecution agencies. The Committee also notes that the Annual Report on Labour Inspection 2020–21 contains statistics from January 2021 provided by the State Medical and Social Inspection Service operating under the Ministry of Health and Social Protection, according to which 721 citizens suffered occupational diseases. The Committee requests the Government to continue providing information on the investigation and recording of industrial accidents and occupational diseases.

Article 15. Obligations of labour inspectors. In response to its comments on measures giving effect to Article 15(a) and (c) of the Convention, the Committee notes the Government’s statement that labour inspectors must treat as absolutely confidential the source of any complaint about defects or violations on occupational safety and health (OSH), and of other laws and regulations containing labour law standards. The Committee also notes that, according to the Government, the obligation to refrain from communicating to the employer any information about the source of the complaint and to preserve the anonymity of the claimant during inspection visits, is contained in labour inspectors’ job description. The Committee requests the Government to provide information on the measures giving effect to Article 15, with regard to trade union labour inspectors.

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. In response to its previous comments on the application of labour inspectors’ right to institute legal proceedings, the Committee notes the statistics provided by the Government in the Annual Report on Labour Inspection 2020–21 relating to the number of violations detected and the measures taken by labour inspectors during the reporting period, including the amount of fines imposed. The Government also indicates that, when labour inspectors uncover serious infringements, they compile the necessary materials for submission to prosecution agencies. According to the Government, criminal proceedings against 78 employers and other company officials were initiated, following the submission of 213 files. The Committee also previously noted that section 22 of 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. However, the Committee observes an absence of information on the application in practice of this provision. Regarding trade union labour inspectors, the Committee notes that, pursuant to Part II of the Regulations on the Trade Union Inspectorate, trade union labour inspectors appear to have the right to apply to the relevant authorities and bring to justice those who do not comply with labour protection requirements and who conceal occupational accidents. The Committee requests the Government to provide further information on the manner in which labour inspectors apply section 22 of Law No. 1269. It also requests the Government to provide further information on the application in practice of trade union labour inspectors’ powers to initiate prompt legal proceedings without previous warning, including statistics on violations detected by such labour inspectors and any submissions to prosecution agencies or other measures taken by these inspectors.

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2021.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

The Committee notes the 2021 conclusions of the Committee on the Application of Standards (Conference Committee) on the application of Convention No. 81 by Tajikistan, which urged the Government to:

• – take all necessary measures to ensure that no moratorium or other restrictions of this nature on labour inspections be placed in the future;
• – provide information on the developments regarding labour inspections, including on the number of inspection visits undertaken by the labour inspectors, disaggregated by type of inspections and by sectors;
• – take all 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 and to guarantee the powers of the state inspectorate in line with the Convention;
• – revive the functioning of the Council for the Coordination of the Activities of Inspection Bodies so as to ensure the effectiveness and the efficiency of both labour inspectorates;
• – implement outcome 2.2 of the Decent Work Country Programme 2020–24, in order to increase the effectiveness of the labour inspection;
• – publish reports on the work of the inspection services and transmit those reports to the ILO in line with Articles 19 and 20 of the Convention; and
• – involve the social partners in implementing those recommendations.

In addition, the Conference Committee invited the Government to accept an ILO technical advisory mission within the framework of the ongoing technical assistance in the country.

In this regard, the Committee welcomes the communication from the Ministry of Labour, Migration and Employment in September 2021, indicating its readiness to receive, in the first quarter of 2022, the ILO technical advisory mission called for by the Conference Committee. The Committee expects that all outstanding issues will be addressed in the framework of the mission.

Articles 3, 4, 5(b), 17 and 18 of the Convention. Operation of the labour inspection system under the supervision and control of a central authority. Duality of inspection functions assumed by state and trade union labour inspectors. The Committee previously requested the Government to clarify the relationship between the State Inspection Service for Labour, Migration and Employment (SILME) and the trade union inspectorate established by the Federation of Independent Trade Unions. It also requested information on the modalities in place to ensure effective cooperation between both inspectorates, and on the relationship between those inspectorates and the Council for the Coordination of the Activities of Inspection Bodies. In this context, the Committee notes that, according to the Government’s report, the SILME is under the supervision and control of the Prosecutor General’s Office of the Republic of Tajikistan, and that it has official cooperation channels established with prosecution agencies, executive government authorities, local government authorities and financial bodies. The Committee also notes from the information provided by the Government that the Council for the Coordination of the Activities of Inspection Bodies appears to play both a coordinating role between the SILME and the trade union inspectorate, and a role akin to supervision over the SILME. For instance, pursuant to section 6 of the Law on Inspections of Economic Entities No. 1269 (Law No. 1269), as last amended in 2020, the remit of this Council includes reviewing annual inspection body reports, with an annual assessment of the effectiveness and efficiency of inspections, and ensuring that inspection bodies comply with inspection rules. The Committee further notes that, according to sections 29 and 37 of Law No. 1269 and to information provided by the Government, the SILME is required to report to multiple bodies, including the Council for the Coordination of the Activities of Inspection Bodies, and the Prosecutor General’s Office. Regarding the trade union inspectorate, the Committee notes the Government’s indication that the rights and obligations of trade union inspectorates are defined in the Labour Code, the Trade Unions Act and the Regulations on the Trade Union Labour Inspectorate, approved by a decision of the General Council Executive Committee of the Federation of Independent Trade Unions. The Government indicates that representatives of the Federation of Independent Trade Unions and the trade union inspectorate participate actively in initiatives of the Ministry of Labour, Migration and Employment and of the SILME relating to improved cooperation between labour inspectorates, and that these bodies regularly exchange information, including through roundtable events, seminars and conferences. The Government also refers to the role of the Council for the Coordination of the Activities of Inspection Bodies to increase the effectiveness of cooperation between both inspectorates, and indicates that the Council has met annually to coordinate the activities of the inspectorates. In this regard, the Committee notes with interest the Government’s indication that measures adopted in June 2021 have allowed the Council to resume its work. The Committee requests the Government to provide further information on the manner in which the activities of the SILME are supervised and controlled, including on the setting and review of priorities by the Council for the Coordination of the Activities of Inspection Bodies and the role of the Prosecutor General’s Office. It also requests the Government to provide further information on the manner in which the trade union inspectorate, which operates under the direction of the executive boards of national and regional trade union committees, defines its priorities of action in practice, including examples of how the trade union inspectorate coordinates its activities with those of the SILME and examples of how it operates independently of the SILME.

Articles 6, 10 and 11. Status and conditions of service of labour inspectors. Number of labour inspectors and material means at their disposal. The Committee previously requested information on the status and conditions of service of state labour inspectors, on the sources of funding for the trade union labour inspectorate, as well as on the numbers of labour inspectors in both inspectorates, and the material means at their disposal. Regarding the SILME, the Committee takes due note of the Government’s indication that labour inspectors are civil servants, whose status and conditions of service are guaranteed under the Civil Service Act, which provides them with stability of employment. The Government maintains that, in accordance with this Act, wages, wage adjustments and annual pay rises of not less than 15–20 per cent for labour inspectors are determined by presidential decree, and that effective social protection measures are guaranteed under national legislation. The Committee also notes that, according to the Government, staff turnover at the SILME is one of the lowest among state bodies. In this respect, the Committee notes that there are 60 labour inspectors in the SILME as of July 2021 (with 28 in the central office and 32 in regional offices), and that the SILME also has 33 support staff. In addition, the Committee notes the detailed information provided by the Government on the material means at the disposal of the SILME, in terms of IT and other equipment, internet access and transportation. Nevertheless, the Committee observes that, pursuant to section 37(1) of Law No. 1269, the performance of an inspection body official conducting an inspection shall be assessed based on criteria which includes feedback from the inspected economic entity regarding the inspection body official.

With regard to the trade union inspectorate, the Committee notes that pursuant to sections 1.7 and 1.8 of the Regulations on the Trade Union Inspectorate, chief inspectors are dismissed and appointed by the board of trade union bodies, and the funding of the inspectorate is provided from trade union funds and other sources not prohibited by legislation. In this respect, the Committee notes the observations of the ITUC, which refer to the decrease in the number of trade union labour inspectors in 2021 to 24 (from 28 in 2020, and 36 in 2018), and which note that information on the sources of funding for trade union inspection services is still very limited. The Committee requests the Government to provide its comments in respect of the observations of the ITUC. It also requests the Government to indicate how the independence of labour inspectors is ensured in practice, in respect of the requirement that the performance of an inspection body official be assessed based on criteria including feedback from economic entities. In addition, the Committee requests the Government to take measures to improve the situation with respect to the funding for and the number of trade union labour inspectors, and to provide further information on the material means at their disposal in practice.

Articles 12 and 16. Powers of labour inspectors. 1. Moratorium on inspections. Following its previous comments on this matter, the Committee takes due note of the Government’s indication that the moratorium on inspection has expired on 1 January 2021. The Committee notes that, according to the Government, the labour inspectorate now works according to its normal schedule, and labour inspectors decide on the frequency of inspection visits, based on the information available on the status of enterprises’ compliance with labour regulations. The Committee also notes in this regard that the annual report on the work of the labour inspectorate covering the period 2020–21 (Annual Report on Labour Inspection 2020–21) provides detailed statistics on the number of inspection visits carried out by the SILME in the reporting period, disaggregated by sector. Taking due note of these developments, the Committee expects that no moratorium of this nature will be placed on labour inspection in the future. It requests the Government to continue to provide statistics on the number of inspection visits undertaken by the SILME, disaggregated by type of inspections (scheduled, unscheduled, additional, or follow-up) and by sectors.

2. Other restrictions on the powers of labour inspectors. The Committee previously noted with concern the restrictions in Law No. 1269 on the power of inspectors, including with regard to: (i) frequency of inspections (section 22); (ii) 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). The Committee notes with concern that the restrictions under Law No. 1269 appear to be still in force. However, according to the Government, these restrictions do not apply to trade union labour inspectors. The Government also indicates that labour inspectors in the SILME can make inspection visits without previous notice in exceptional cases, when there is information on serious violations of standards that threaten workers’ lives and health, or when responding to submitted complaints, claims or enquiries, and provided that the Council for the Coordination of the Activities of Inspection Bodies is notified. The ITUC observations underline in this regard that the requirements of Articles 12 and 16 of the Convention should apply to all labour inspectors, and that it is therefore necessary to restore the powers of state labour inspectors fully, to ensure compliance with the Convention. In this respect, the Committee notes the Government’s statement that the SILME has communicated the position of its leadership to the Council for the Coordination of the Activities of Inspection Bodies regarding strict compliance with the requirements of the Convention. The Committee also welcomes the Government’s indication that a protocol-resolution of the Council has assigned to the Ministry of Justice, the Committee for State Property Investment and Management, and other relevant governmental agencies, the task to consider this matter and submit the necessary proposals to harmonize the relevant legislation. In addition, the Government refers to the existence of a due diligence checklist for inspections, compiled by SILME specialists, which formalizes the wide-ranging powers of labour inspectors to conduct unscheduled, surprise, targeted and verification inspections. With reference to its general observation of 2019 on the labour inspection Conventions, the Committee urges the Government to pursue its efforts and continue to take all the necessary measures to bring its national legislation into full conformity with Articles 12 and 16 of the Convention. It requests the Government to continue to provide information on the measures taken and the developments in this regard, and to communicate a copy of the due diligence checklist established by the SILME for inspections. In addition, the Committee requests the Government to provide statistics regarding the number of inspection visits undertaken by labour inspectors of the SILME without previous notice, as compared to inspection visits undertaken with prior notice, and similar statistics regarding inspections undertaken by trade union labour inspectors.

Article 13. Preventive measures in the event of a danger to the safety and health of workers. The Committee previously requested information on the application in practice of Article 13 of the Convention and of inspectors’ temporary suspension powers under section 30 of Law No. 1269 related to occupational safety and health (OSH). In this regard, the Committee notes that the Government does not provide information regarding the application of section 30 of Law No. 1269, but refers to the application of section 3(7) of the Regulations of the SILME, approved by Government Decision No. 299 of 3 May 2014, as amended in 2020 (SILME Regulations). Section 3(7) of the SILME Regulations provides that the SILME has the authority to: (i) suspend the activities of organizations, production sites and individual entrepreneurs in accordance with national laws, when activities jeopardize employees’ lives and health and until OSH infringements are addressed; and (ii) prohibit the use of non-compliant work clothes and footwear, and personal protective equipment. The Committee notes the Government’s indication that, in 2020 and the first semester of 2021, labour inspectors of the SILME have halted the activities of enterprises, production sites and sole trader industrial plants in 95 instances, until the violations had been remedied and the inspectors’ regulatory requirements had been implemented. The Annual Report on Labour Inspection 2020–21 also contains statistics on the reports issued by the SILME containing instructions to remedy infringements of standards on protection of workers, in connection with plans for the construction of new industrial facilities, for the renovation of industrial facilities, and for the installation of machinery, mechanisms and other industrial equipment. The Committee notes the Government’s indication that trade union labour inspectors have the right to impose a suspension of work in the event of a threat to workers’ lives. Pursuant to Part II of the Regulations on the Trade Union Inspectorate, the trade union labour inspectors also have the right to issue orders for employers to eliminate detected violations of labour protection requirements, execution of which is obligatory. The Committee requests the Government to provide statistics regarding the application in practice of trade union labour inspectors’ powers to suspend work in the event of a threat to workers’ lives, and to issue orders for employers to eliminate detected violations of labour protection requirements.

Articles 20 and 21. Obligation to publish and communicate an annual report on the work of the labour inspectorate. The Committee notes with interest that the Government has communicated the Annual Report on Labour Inspection 2020–21, which includes detailed information on the subjects covered by Article 21(a), (b), and (d)–(g) of the Convention. The Committee observes that this annual report does not appear to contain statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)). The Committee requests the Government to take the necessary measures to ensure that annual reports on the work of the labour inspectorate continue to be published and transmitted to the ILO in accordance with Article 20 of the Convention in the future, and that they contain all the information covered by Article 21(a)–(g).

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

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

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.]

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

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.]

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 3(2) of the Convention. Additional functions entrusted to labour inspectors. Conciliation and mediation. The Committee notes that pursuant to section 358 of the Labour Code, public labour inspectors participate, among other things, in discussions of labour disputes. The Committee emphasizes that, under Article 3(2), where further duties are entrusted to labour inspectors, they must not interfere with the discharge of their primary duties or prejudice in any way the authority and impartiality that inspectors need in their relations with employers and workers. The Committee requests the Government to continue to supply information on the number of labour inspectors as well as to provide information on the proportion of time and resources that they devote to mediation in comparison to their primary duties. It also requests the Government to take measures to ensure that this function does not interfere with their primary duties.

Control of immigration law. The Committee notes the Government’s indications in its report that labour inspectors control, among other things, that the term of the employment contract corresponds with the term of the work permit granted to foreign workers. In this respect, the Committee also recalls its comments made under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), concerning the activities of the Migration Service, the General Prosecutor’s Office, the Ministry of Internal Affairs, the State Committee on National Safety and the border service authorities to prevent irregular migration. The Committee requests the Government to provide further information on the role of the labour inspectorate in the monitoring of immigration, including what actions are taken by labour inspectors upon detection of foreign workers without a valid work permit.

Article 7(3). Training of labour inspectors. The Committee notes the reference in the Government’s report to the professional training of labour inspectors. The Committee requests the Government to provide more information on the training provided to labour inspectors, including on the number of labour inspectors and trade union inspectors that participated in these training activities and the frequency of these activities, as well as on the subjects covered.

Article 13. Preventive measures in the event of a danger to the safety and health of workers. The Committee notes that pursuant to section 357 of the Labour Code, trade union inspectors are entitled to propose the suspension of work in the case of a threat to the life and health of workers. The Committee notes that a similar provision is not provided for in section 358 of the Labour Code with regard to the powers of public labour inspectors. The Committee requests the Government to indicate whether public 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, and if so, pursuant to which provisions of law.

Article 14. Notification of industrial accidents and cases of occupational diseases to the labour inspectorate. The Committee notes that the Government refers to Government Decision No. 661 of 14 June 2015 approving the by-law on the procedure for the investigation, documentation and recording of occupational accidents. The Committee requests the Government to provide information on the procedures for the notification of industrial accidents and cases of occupational disease to the labour inspectorate.

Article 15. Obligations of labour inspectors. The Committee requests the Government to provide information on how effect is given to this Article of the Convention.

Articles 17 and 18 of the Convention. Powers of labour inspectors to ensure the effective application of legal provisions concerning conditions of work and the protection of workers. The Committee notes 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. It also notes from the information provided by the Government in its report under the application of the Guarding of Machinery Convention, 1963 (No. 119), that where public labour inspectors detect non-compliance of the legal provisions relevant to that Convention, the head of the state supervisory service issues a compulsory enforcement order with a duration of up to one month. The Committee requests the Government to ensure, in law and practice, that labour inspectors are empowered to initiate prompt legal proceedings without previous warning, where they consider that this is necessary to ensure the compliance with the legal provisions on the conditions of work and the protection of workers.

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 the Government has once again not communicated an annual report on the activities of the labour inspection services. However, it notes that the Government provides a number of labour inspection statistics in its report, including information on the number of labour inspections, violations detected and penalties imposed, as well as on the number of accidents registered. In view of the statistical information already available, the Committee once again requests that the Government take the necessary measures to ensure that the central labour inspection authority publishes and transmits to the Office an annual report on the work of the inspection services, in accordance with Articles 20 and 21 of the Convention.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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 responsibility for labour inspection falls within 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 (in view of the small number of the staff working at the SILME). The Committee notes the Government’s indication, in response to its request, that at the end of 2016, there were 58 public labour inspectors and 36 trade union inspectors. In this respect, the Committee also notes from section 353 of the Labour Code that employers provide funds for the work of the trade union labour inspectorate. The Committee once again requests the Government to provide information on whether the SILME maintains supervision and control over the labour inspection system in its entirety (including supervision of the activities of trade union inspectors), or whether the SILME and the inspectorate run by the Federation of Independent Trade Unions act independently from each other, except for the conduct of joint inspections. Noting that the Government has not provided information in this regard, the Committee also once again requests it to specify the status and conditions of service of labour inspectors serving in the SILME, in relation to the conditions applicable to similar categories of public servants and trade union inspectors (including concerning stability of employment, wages and allowances). Finally, the Committee requests the Government to indicate whether the trade union inspectorate of the Federation of Independent Trade Unions operates entirely on the budget from contributions of employers, and if not, to indicate the other sources of funding of its operation and their proportionate amounts.

Articles 12 and 16. Powers of labour inspectors. The Committee notes that sections 357 and 358 of the Labour Code provide for certain powers of trade union and public labour inspectors, for instance the power to undertake labour inspections and request information on compliance with the legal provisions. It further notes that sections 19 and 348 of the Labour Code require employers to ensure free access of public labour inspectors to workplaces. The Committee notes, however, 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 are suspended during the period of application of Law No. 1505, which according to information on the website of the President of the country will be effective for a two-year period, following the issuing of a Governmental Decree. The Committee also notes with concern that the Law on Inspections of Economic Entities, adopted by Government Decision No. 518 of 2007, which applies to the labour inspectorate (among other inspection bodies) and to all sectors (not only industry), provides for a number of limitations on inspections. The Committee further notes with concern that the Law includes restrictions with regard to the frequency and duration of labour inspections (for example, section 10 of the Law provides that an inspection body may not inspect an economic entity more than once every two years, or exceptionally for a high risk entity, not more than once every six months, and that new entities cannot be inspected until the end of their third year of registration), the need to give prior notice (for example, sections 11 and 13 of the Law provide that economic entities shall be notified three days before the initiation of inspections, except in emergency situations or aggravated sanitary situations (section 15)), and the limitations of the scope of inspections, particularly in terms of the issues to be inspected (section 13). The Committee emphasizes that any moratorium placed on labour inspection is a serious violation of the Convention, and urges the Government to ensure that the necessary legislative measures are taken with a view to ending the moratorium on labour inspections in the industrial sector. The Committee urges the Government to take the necessary 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.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. Conciliation and mediation. The Committee notes that pursuant to section 358 of the Labour Code, public labour inspectors participate, among other things, in discussions of labour disputes. The Committee emphasizes that, under Article 3(2), where further duties are entrusted to labour inspectors, they must not interfere with the discharge of their primary duties or prejudice in any way the authority and impartiality that inspectors need in their relations with employers and workers. The Committee requests the Government to continue to supply information on the number of labour inspectors as well as to provide information on the proportion of time and resources that they devote to mediation in comparison to their primary duties. It also requests the Government to take measures to ensure that this function does not interfere with their primary duties.

Control of immigration law. The Committee notes the Government’s indications in its report that labour inspectors control, among other things, that the term of the employment contract corresponds with the term of the work permit granted to foreign workers. In this respect, the Committee also recalls its comments made under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), concerning the activities of the Migration Service, the General Prosecutor’s Office, the Ministry of Internal Affairs, the State Committee on National Safety and the border service authorities to prevent irregular migration. The Committee requests the Government to provide further information on the role of the labour inspectorate in the monitoring of immigration, including what actions are taken by labour inspectors upon detection of foreign workers without a valid work permit.

Article 7(3). Training of labour inspectors. The Committee notes the reference in the Government’s report to the professional training of labour inspectors. The Committee requests the Government to provide more information on the training provided to labour inspectors, including on the number of labour inspectors and trade union inspectors that participated in these training activities and the frequency of these activities, as well as on the subjects covered.

Article 13. Preventive measures in the event of a danger to the safety and health of workers. The Committee notes that pursuant to section 357 of the Labour Code, trade union inspectors are entitled to propose the suspension of work in the case of a threat to the life and health of workers. The Committee notes that a similar provision is not provided for in section 358 of the Labour Code with regard to the powers of public labour inspectors. The Committee requests the Government to indicate whether public 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, and if so, pursuant to which provisions of law.

Article 14. Notification of industrial accidents and cases of occupational diseases to the labour inspectorate. The Committee notes that the Government refers to Government Decision No. 661 of 14 June 2015 approving the by-law on the procedure for the investigation, documentation and recording of occupational accidents. The Committee requests the Government to provide information on the procedures for the notification of industrial accidents and cases of occupational disease to the labour inspectorate.

Article 15. Obligations of labour inspectors. The Committee requests the Government to provide information on how effect is given to this Article of the Convention.

Articles 17 and 18 of the Convention. Powers of labour inspectors to ensure the effective application of legal provisions concerning conditions of work and the protection of workers. The Committee notes 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. It also notes from the information provided by the Government in its report under the application of the Guarding of Machinery Convention, 1963 (No. 119), that where public labour inspectors detect non-compliance of the legal provisions relevant to that Convention, the head of the state supervisory service issues a compulsory enforcement order with a duration of up to one month. The Committee requests the Government to ensure, in law and practice, that labour inspectors are empowered to initiate prompt legal proceedings without previous warning, where they consider that this is necessary to ensure the compliance with the legal provisions on the conditions of work and the protection of workers.

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 the Government has once again not communicated an annual report on the activities of the labour inspection services. However, it notes that the Government provides a number of labour inspection statistics in its report, including information on the number of labour inspections, violations detected and penalties imposed, as well as on the number of accidents registered. In view of the statistical information already available, the Committee once again requests that the Government take the necessary measures to ensure that the central labour inspection authority publishes and transmits to the Office an annual report on the work of the inspection services, in accordance with Articles 20 and 21 of the Convention.

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

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 responsibility for labour inspection falls within 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 (in view of the small number of the staff working at the SILME). The Committee notes the Government’s indication, in response to its request, that at the end of 2016, there were 58 public labour inspectors and 36 trade union inspectors. In this respect, the Committee also notes from section 353 of the Labour Code that employers provide funds for the work of the trade union labour inspectorate. The Committee once again requests the Government to provide information on whether the SILME maintains supervision and control over the labour inspection system in its entirety (including supervision of the activities of trade union inspectors), or whether the SILME and the inspectorate run by the Federation of Independent Trade Unions act independently from each other, except for the conduct of joint inspections. Noting that the Government has not provided information in this regard, the Committee also once again requests it to specify the status and conditions of service of labour inspectors serving in the SILME, in relation to the conditions applicable to similar categories of public servants and trade union inspectors (including concerning stability of employment, wages and allowances). Finally, the Committee requests the Government to indicate whether the trade union inspectorate of the Federation of Independent Trade Unions operates entirely on the budget from contributions of employers, and if not, to indicate the other sources of funding of its operation and their proportionate amounts.

Articles 12 and 16. Powers of labour inspectors. The Committee notes that sections 357 and 358 of the Labour Code provide for certain powers of trade union and public labour inspectors, for instance the power to undertake labour inspections and request information on compliance with the legal provisions. It further notes that sections 19 and 348 of the Labour Code require employers to ensure free access of public labour inspectors to workplaces. The Committee notes, however, 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 are suspended during the period of application of Law No. 1505, which according to information on the website of the President of the country will be effective for a two-year period, following the issuing of a Governmental Decree. The Committee also notes with concern that the Law on Inspections of Economic Entities, adopted by Government Decision No. 518 of 2007, which applies to the labour inspectorate (among other inspection bodies) and to all sectors (not only industry), provides for a number of limitations on inspections. The Committee further notes with concern that the Law includes restrictions with regard to the frequency and duration of labour inspections (for example, section 10 of the Law provides that an inspection body may not inspect an economic entity more than once every two years, or exceptionally for a high risk entity, not more than once every six months, and that new entities cannot be inspected until the end of their third year of registration), the need to give prior notice (for example, sections 11 and 13 of the Law provide that economic entities shall be notified three days before the initiation of inspections, except in emergency situations or aggravated sanitary situations (section 15)), and the limitations of the scope of inspections, particularly in terms of the issues to be inspected (section 13). The Committee emphasizes that any moratorium placed on labour inspection is a serious violation of the Convention, and urges the Government to ensure that the necessary legislative measures are taken with a view to ending the moratorium on labour inspections in the industrial sector. The Committee urges the Government to take the necessary 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.

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

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

Application of the provisions of the Convention in law and practice. The Committee recalls that in its comment published in 2013, it noted that the Government’s first report did not contain information on the provisions of the Convention in law and practice. The Committee reminded the Government that in order to enable the Committee to assess the situation of the national labour inspection system and to provide useful recommendations for the progressive application of the requirements of the Convention, full information should be provided on each of the provisions of the Convention and in response to each of the questions set out in the report form. While the Committee notes that the Government has since provided some information in relation to the specific questions raised by the Committee, it also notes that the Government still has not provided the detailed information on the application of each of the Articles of the Convention in law and practice as required by the report form. The Committee once again requests that the Government make every effort to supply in its next report the detailed information required by each part of the report form for the Convention.

In addition, the Government is requested to provide information on the following specific points.

Article 3 of the Convention. Other functions entrusted to labour inspectors. The Committee previously noted that under the terms of Governmental Decree No. 104 of 3 March 2007 on the State Labour Inspectorate (SLI), state labour inspectors are entrusted with checking on internal (voluntary) and ecological migration, among other tasks. In this regard, the Committee notes that the Government has not provided the requested clarification with regard to the term “internal (voluntary) and ecological migration”. However, it also notes the Government’s indication in its report that no checks in this regard were carried out during the reporting period. The Committee once again requests that the Government define the meaning of the term “control of internal (voluntary) and ecological migration” and, where applicable, provide information on any activities carried out in this regard (including the number of infringements detected, legal provisions concerned and sanctions imposed).

Articles 3, 4, 5(b), 6, 8, 10, 13, 17 and 18. 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 section 225 of the Labour Code and section 27 of Occupational Safety and Health (OSH) Act No. 517 of 2009 provide that labour inspection tasks can be discharged not only by governmental bodies but also by trade unions. The Committee requested a description on the structure and functioning of the labour inspection system in its entirety.

In this regard, the Committee notes from the information provided by the Government that responsibility for labour inspection falls within the State Inspection Service for Labour, Migration and Employment (SILME) of the Ministry of Labour, Migration and Employment. The Government indicates that, in view of the small number of the staff working at the SILME, the Federation of Independent Trade Unions of Tajikistan (i.e. the 20 trade union committees with 36 trade union inspectors operating under the Federation) exercises inspectorate functions. The Government reports that trade union inspectors have the right to verify employers’ compliance with labour legislation and make proposals which officials are obliged to consider to eliminate the violations detected. The Government further indicates that trade union inspectors work in close cooperation with the SILME. From 2013 to June 2015, trade union inspectors carried out 3,757 inspections, 276 of which were jointly carried out with the SILME. The Committee finally notes that the Government considers that technical assistance would be useful to achieve improvements in the organization of the labour inspection system. Recalling that enforcement functions should be the exclusive responsibility of the labour inspection services, the Committee requests that the Government provide more detailed information on the powers and functions of trade union labour inspectors.

The Committee also requests that the Government provide more detailed information on the manner in which the central SILME maintains supervision and control over the labour inspection system in its entirety (including the manner in which the SILME supervises the activities of trade union inspectors, the reporting requirements of the trade union committees to the SILME, and the decisions taken with regard to the proposals made by trade union inspectors to eliminate violations detected, etc.), and specify the conditions and modalities under which it collaborates with the labour inspection bodies under the authority of the trade unions (delegation of powers, modalities of joint inspection visits, exchange of information, etc.).

In addition, the Committee requests that the Government continue to provide up-to-date information on the number of both state labour inspectors and trade union labour inspectors. Noting that the Government has not provided information in this regard, the Committee also once again requests it to specify the status and conditions of service of labour inspectors serving in the SILME, in relation to the conditions applicable to similar categories of public servants and trade union inspectors (stability of employment, wages and allowances, etc.).

The Committee reminds the Government that it may avail itself of ILO technical assistance concerning the organization of the labour inspection system, and requests it to provide information on any efforts undertaken in this respect.

Articles 20 and 21 (read in conjunction with Article 5(a)). Obligation to publish and communicate an annual report on the work of the labour inspectorate and the value of establishing a register of workplaces in this regard. The Committee notes that the Government has once again not communicated an annual report on the activities of the labour inspection services, despite the Government’s announcement in its report that an annual labour inspection report would be published by the end of 2015, in accordance with Articles 20 and 21. The Committee also notes that no information was provided by the Government on any steps taken in this regard, such as the establishment or improvement of a register of workplaces liable to inspection. The Committee therefore requests that the Government take the necessary measures to ensure that the central labour inspection authority publishes and transmits to the Office an annual report on the work of the inspection services, in accordance with Articles 20 and 21 of the Convention, as well as on the efforts made to establish or, where appropriate, to improve a register of workplaces liable to inspection, including inter-institutional cooperation between the labour inspection services and other government bodies and public or private institutions (tax services, social security bodies, technical supervisory services, local administrations, the judicial authorities, occupational organizations, etc.) in possession of relevant data (Article 5(a) 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 3 of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that under the terms of Governmental Decree No. 104 of 3 March 2007 on the State Labour Inspectorate (SLI), state labour inspectors are entrusted, among other tasks, with the control of internal (voluntary) and ecological migration. The Committee asks the Government to define the meaning of the term “internal (voluntary) and ecological migration” and to specify the nature and proportion of the activities of labour inspectors dedicated to this issue, the number of infringements detected, legal provisions concerned and sanctions imposed, as well as the impact of these activities on the enforcement of the legal provisions relating to conditions of work and the protection of workers (Article 3(1)(a)).

Articles 3, 4, 5(b), 6, 8, 10, 13, 17 and 18. 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 notes from the Government’s report of 23 September 2005 on the application of all ILO Conventions ratified by Tajikistan, that an SLI was set up under the Ministry of Labour and Social Protection pursuant to Government Order No. 596 of 30 December 2001. A regional labour inspectorate in each of the four regions of the country and about 60 district labour inspectorates have been established throughout the country. Governmental Decree No. 104 of 3 March 2007 contains provisions on the required number of inspectors in the SLI, including in its central office.

The Committee also notes that section 225 of the Labour Code provides that labour inspection tasks can be discharged not only by governmental bodies, but also by trade unions. Furthermore, section 27 of OSH Act No. 517 of 19 May 2009 specifically provides for the possibility of setting up trade union inspection bodies in the area of OSH. In the Government’s report of 10 July 2012 on the application of Conventions Nos 148 and 155, it is indicated that the trade union labour inspectorate operating under the Federation of Independent Trade Unions of Tajikistan is composed of 20 bodies throughout the country, in which 36 labour inspectors are currently carrying out inspection functions.

The Committee would like to emphasize that, in accordance with Article 4 of the Convention, labour inspection should be placed under the supervision and control of a central authority and that the enforcement powers foreseen in Articles 17 and 18 of the Convention should be the exclusive prerogative of labour inspectors in the sense of the Convention, whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, and of the justice system.

The Committee requests the Government to provide an organizational chart of the labour inspection system and to describe its structure and functioning.

It also asks the Government to indicate the manner in which the central SLI maintains supervision and control of the labour inspection system in its entirety and to specify the conditions and modalities under which it collaborates with the technical and legal labour inspection bodies under the authority of the trade unions (including the manner in which it delegates powers and supervises their activities).

Emphasizing that enforcement functions should be the exclusive prerogative of the labour inspection services, the Committee requests the Government to provide detailed information on the functions exercised by the SLI and trade union labour inspectors in the areas of enforcement, prevention and provision of information and advice (Articles 3(1)(a) and (b) and 13).

It further asks the Government to provide up-to-date information on the number of both state labour inspectors and trade union labour inspectors, their gender and geographical distribution by rank and grade, and their fields of specialization (Article 10). Please ensure that this information is also included in the annual report on the work of the labour inspection services, together with any available information on the number and geographical distribution of industrial and commercial workplaces liable to inspection and the workers employed therein (Articles 10, 21(b) and (c)).

Finally, the Committee requests the Government to specify the status and conditions of service of labour inspectors serving in the SLI, in relation to the conditions applicable to similar categories of public servants and trade union inspectors.

Articles 5(a), 20 and 21. Obligation to publish and communicate an annual report on the work of the labour inspectorate and the value of establishing a register of workplaces in this regard. The Committee notes that the Government has not communicated an annual report on the activities of the labour inspection services. Nor does such a report appear to be available on the Internet. In this regard, the Committee would like to draw the Government’s attention to its general observation of 2010, where it emphasized the benefits to be derived from drawing up and publishing an annual report on the work of the labour inspectorate. When well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their services. In this context, it also recalled that the ILO supervisory bodies, including the Committee of Experts, based on all the information contained in the annual report, are able to provide support to governments in the most relevant manner possible in the implementation of the commitments deriving from the ratification of the Convention. The Committee would also like to draw the Government’s attention to its general observation of 2009, in which it emphasized the importance of establishing and updating a register of workplaces and enterprises liable to inspection and the number of workers employed therein, which would provide the central labour inspection authorities with the data that are essential to prepare the annual report.

The Committee asks the Government to provide information on the steps taken by the central labour inspection authority under Articles 20 and 21 of the Convention with a view to publishing and transmitting to the Office an annual report on the work of the inspection services under its control and on the efforts made to establish or, where appropriate, to improve a register of workplaces liable to inspection, including inter-institutional cooperation between the labour inspection services and other government bodies and public or private institutions (tax services, social security bodies, technical supervisory services, local administrations, the judicial authorities, occupational organizations, etc.) in possession of relevant data (Article 5 of the Convention).

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

The Committee notes that the Government’s first report does not contain information on the application of the provisions of the Convention in law and practice. However, it notes that the Government refers to efforts to improve occupational safety and health (OSH) conditions of workers, amongst others through the adoption of OSH legislation in different economic sectors, and that the Government’s report of 10 July 2012 on the application of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), and the Occupational Safety and Health Convention, 1981 (No. 155), contains some information on labour inspection.

The Committee would like to remind the Government that in order to enable it to assess the situation of the national labour inspection system and provide useful recommendations for the progressive application of the requirements of the Convention, following its entry into force, full information should be provided on each of the provisions of the Convention and in response to each of the questions set out in the report form. The Committee asks the Government to make every effort to supply in its next report under Article 22 of the ILO Constitution the information required by each part of the report form for the Convention. It reminds the Government that it may avail itself of technical assistance of the ILO, if it so wishes, in order to fulfil its reporting obligations.

In addition, the Government is requested to provide information on the following points:

Article 3 of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that under the terms of Governmental Decree No. 104 of 3 March 2007 on the State Labour Inspectorate (SLI), state labour inspectors are entrusted, among other tasks, with the control of internal (voluntary) and ecological migration. The Committee asks the Government to define the meaning of the term “internal (voluntary) and ecological migration” and to specify the nature and proportion of the activities of labour inspectors dedicated to this issue, the number of infringements detected, legal provisions concerned and sanctions imposed, as well as the impact of these activities on the enforcement of the legal provisions relating to conditions of work and the protection of workers (Article 3(1)(a)).

Articles 3, 4, 5(b), 6, 8, 10, 13, 17 and 18. 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 notes from the Government’s report of 23 September 2005 on the application of all ILO Conventions ratified by Tajikistan, that an SLI was set up under the Ministry of Labour and Social Protection pursuant to Government Order No. 596 of 30 December 2001. A regional labour inspectorate in each of the four regions of the country and about 60 district labour inspectorates have been established throughout the country. Governmental Decree No. 104 of 3 March 2007 contains provisions on the required number of inspectors in the SLI, including in its central office.

The Committee also notes that section 225 of the Labour Code provides that labour inspection tasks can be discharged not only by governmental bodies, but also by trade unions. Furthermore, section 27 of OSH Act No. 517 of 19 May 2009 specifically provides for the possibility of setting up trade union inspection bodies in the area of OSH. In the Government’s report of 10 July 2012 on the application of Conventions Nos 148 and 155, it is indicated that the trade union labour inspectorate operating under the Federation of Independent Trade Unions of Tajikistan is composed of 20 bodies throughout the country, in which 36 labour inspectors are currently carrying out inspection functions.

The Committee would like to emphasize that, in accordance with Article 4 of the Convention, labour inspection should be placed under the supervision and control of a central authority and that the enforcement powers foreseen in Articles 17 and 18 of the Convention should be the exclusive prerogative of labour inspectors in the sense of the Convention, whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, and of the justice system.

The Committee requests the Government to provide an organizational chart of the labour inspection system and to describe its structure and functioning.

It also asks the Government to indicate the manner in which the central SLI maintains supervision and control of the labour inspection system in its entirety and to specify the conditions and modalities under which it collaborates with the technical and legal labour inspection bodies under the authority of the trade unions (including the manner in which it delegates powers and supervises their activities).

Emphasizing that enforcement functions should be the exclusive prerogative of the labour inspection services, the Committee requests the Government to provide detailed information on the functions exercised by the SLI and trade union labour inspectors in the areas of enforcement, prevention and provision of information and advice (Articles 3(1)(a) and (b) and 13).

It further asks the Government to provide up-to-date information on the number of both state labour inspectors and trade union labour inspectors, their gender and geographical distribution by rank and grade, and their fields of specialization (Article 10). Please ensure that this information is also included in the annual report on the work of the labour inspection services, together with any available information on the number and geographical distribution of industrial and commercial workplaces liable to inspection and the workers employed therein (Articles 10, 21(b) and (c)).

Finally, the Committee requests the Government to specify the status and conditions of service of labour inspectors serving in the SLI, in relation to the conditions applicable to similar categories of public servants and trade union inspectors.

Articles 5(a), 20 and 21. Obligation to publish and communicate an annual report on the work of the labour inspectorate and the value of establishing a register of workplaces in this regard. The Committee notes that the Government has not communicated an annual report on the activities of the labour inspection services. Nor does such a report appear to be available on the Internet. In this regard, the Committee would like to draw the Government’s attention to its general observation of 2010, where it emphasized the benefits to be derived from drawing up and publishing an annual report on the work of the labour inspectorate. When well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their services. In this context, it also recalled that the ILO supervisory bodies, including the Committee of Experts, based on all the information contained in the annual report, are able to provide support to governments in the most relevant manner possible in the implementation of the commitments deriving from the ratification of the Convention. The Committee would also like to draw the Government’s attention to its general observation of 2009, in which it emphasized the importance of establishing and updating a register of workplaces and enterprises liable to inspection and the number of workers employed therein, which would provide the central labour inspection authorities with the data that are essential to prepare the annual report.

The Committee asks the Government to provide information on the steps taken by the central labour inspection authority under Articles 20 and 21 of the Convention with a view to publishing and transmitting to the Office an annual report on the work of the inspection services under its control and on the efforts made to establish or, where appropriate, to improve a register of workplaces liable to inspection, including inter-institutional cooperation between the labour inspection services and other government bodies and public or private institutions (tax services, social security bodies, technical supervisory services, local administrations, the judicial authorities, occupational organizations, etc.) in possession of relevant data (Article 5 of the Convention).

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

The Committee notes that the Government’s first report does not contain information on the application of the provisions of the Convention in law and practice. However, it notes that the Government refers to efforts to improve occupational safety and health (OSH) conditions of workers, amongst others through the adoption of OSH legislation in different economic sectors, and that the Government’s report of 10 July 2012 on the application of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) and the Occupational Safety and Health Convention, 1981 (No. 155) contains some information on labour inspection.

The Committee would like to remind the Government that in order to enable it to assess the situation of the national labour inspection system and provide useful recommendations for the progressive application of the requirements of the Convention, following its entry into force, full information should be provided on each of the provisions of the Convention and in response to each of the questions set out in the report form. The Committee asks the Government to make every effort to supply in its next report under Article 22 of the ILO Constitution the information required by each part of the report form for the Convention. It reminds the Government that it may avail itself of technical assistance of the ILO, if it so wishes, in order to fulfil its reporting obligations.

In addition, the Government is requested to provide information on the following points:

Article 3 of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that under the terms of Governmental Decree No. 104 of 3 March 2007 on the State Labour Inspectorate (SLI), state labour inspectors are entrusted, among other tasks, with the control of internal (voluntary) and ecological migration. The Committee asks the Government to define the meaning of the term “internal (voluntary) and ecological migration” and to specify the nature and proportion of the activities of labour inspectors dedicated to this issue, the number of infringements detected, legal provisions concerned and sanctions imposed, as well as the impact of these activities on the enforcement of the legal provisions relating to conditions of work and the protection of workers (Article 3(1)(a)).

Articles 3, 4, 5(b), 6, 8, 10, 13, 17 and 18. 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 notes from the Government’s report of 23 September 2005 on the application of all ILO Conventions ratified by Tajikistan, that an SLI was set up under the Ministry of Labour and Social Protection pursuant to Government Order No. 596 of 30 December 2001. A regional labour inspectorate in each of the four regions of the country and about 60 district labour inspectorates have been established throughout the country. Governmental Decree No. 104 of 3 March 2007 contains provisions on the required number of inspectors in the SLI, including in its central office.

The Committee also notes that section 225 of the Labour Code provides that labour inspection tasks can be discharged not only by governmental bodies, but also by trade unions. Furthermore, section 27 of OSH Act No. 517 of 19 May 2009 specifically provides for the possibility of setting up trade union inspection bodies in the area of OSH. In the Government’s report of 10 July 2012 on the application of Conventions Nos 148 and 155, it is indicated that the trade union labour inspectorate operating under the Federation of Independent Trade Unions of Tajikistan is composed of 20 bodies throughout the country, in which 36 labour inspectors are currently carrying out inspection functions.

The Committee would like to emphasize that, in accordance with Article 4 of the Convention, labour inspection should be placed under the supervision and control of a central authority and that the enforcement powers foreseen in Articles 17 and 18 of the Convention should be the exclusive prerogative of labour inspectors in the sense of the Convention, whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, and of the justice system.

The Committee requests the Government to provide an organizational chart of the labour inspection system and to describe its structure and functioning.

It also asks the Government to indicate the manner in which the central SLI maintains supervision and control of the labour inspection system in its entirety and to specify the conditions and modalities under which it collaborates with the technical and legal labour inspection bodies under the authority of the trade unions (including the manner in which it delegates powers and supervises their activities).

Emphasizing that enforcement functions should be the exclusive prerogative of the labour inspection services, the Committee requests the Government to provide detailed information on the functions exercised by the SLI and trade union labour inspectors in the areas of enforcement, prevention and provision of information and advice (Articles 3(1)(a) and (b) and 13).

It further asks the Government to provide up-to-date information on the number of both state labour inspectors and trade union labour inspectors, their gender and geographical distribution by rank and grade, and their fields of specialization (Article 10). Please ensure that this information is also included in the annual report on the work of the labour inspection services, together with any available information on the number and geographical distribution of industrial and commercial workplaces liable to inspection and the workers employed therein (Articles 10, 21(b) and (c)).

Finally, the Committee requests the Government to specify the status and conditions of service of labour inspectors serving in the SLI, in relation to the conditions applicable to similar categories of public servants and trade union inspectors.

Articles 5(a), 20 and 21. Obligation to publish and communicate an annual report on the work of the labour inspectorate and the value of establishing a register of workplaces in this regard. The Committee notes that the Government has not communicated an annual report on the activities of the labour inspection services. Nor does such a report appear to be available on the Internet. In this regard, the Committee would like to draw the Government’s attention to its general observation of 2010, where it emphasized the benefits to be derived from drawing up and publishing an annual report on the work of the labour inspectorate. When well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their services. In this context, it also recalled that the ILO supervisory bodies, including the Committee of Experts, based on all the information contained in the annual report, are able to provide support to governments in the most relevant manner possible in the implementation of the commitments deriving from the ratification of the Convention. The Committee would also like to draw the Government’s attention to its general observation of 2009, in which it emphasized the importance of establishing and updating a register of workplaces and enterprises liable to inspection and the number of workers employed therein, which would provide the central labour inspection authorities with the data that are essential to prepare the annual report.

The Committee asks the Government to provide information on the steps taken by the central labour inspection authority under Articles 20 and 21 of the Convention with a view to publishing and transmitting to the Office an annual report on the work of the inspection services under its control and on the efforts made to establish or, where appropriate, to improve a register of workplaces liable to inspection, including inter-institutional cooperation between the labour inspection services and other government bodies and public or private institutions (tax services, social security bodies, technical supervisory services, local administrations, the judicial authorities, occupational organizations, etc.) in possession of relevant data (Article 5 of the Convention).

[The Government is asked to report in detail in 2013.]