Equal Remuneration Convention, 1951 (No. 100) - Tajikistan (Ratification: 1993)

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

Previous comment

Articles 2 and 3. Gender pay gap. Wage determination. Civil service. The Committee notes the Government’s indication that: (1) Government Decision No. 98 of 5 March 2008 approved the Concept of Wage Reform in the public sector, which includes the principle of equal remuneration; and (2) a unified pay scale ensures transparency and objectivity of civil servants’ remuneration, and is applied according to the Register of Public Posts. The Government further indicates that: (1) the pay scale is calculated using incremental wage coefficients from grade to grade, based on the basic wage; (2) in public bodies and enterprises, no discrimination has been identified during the course of the monitoring; and (3) in light of the rules mentioned above, women and men civil servants are paid the same amount, but despite the measures taken, there is still a (decreasing) gender pay gap. The Committee would like to draw the Government’s attention to the fact that, even if men and women civil servants are paid the same amount on the basis of a unified pay scale, inequalities in remuneration or gender bias may result from: (1) unequal access to job-linked benefits other than the basic salary (various allowances, housing, official car, etc.); and (2) the pay scale itself, even if it is applied without distinction to male and female civil servants. When pay scales are established, certain criteria used to evaluate and classify duties may favour male workers, in as much as traditionally “male” factors, such as physical effort, are still overvalued by comparison with factors relating to traditionally “female” occupations, such as care work. Where tasks are largely performed by women, the frequent undervaluation thereof results in an undervaluation of the posts in question and consequent pay inequalities to the detriment of women. Hence, when posts are classified for the purpose of establishing pay scales, it is essential that the method used for evaluating the tasks attached to the posts is based on a set of weighted objective criteria, such as qualifications (knowledge and skills), responsibility and effort (physical, mental, emotional) required by the post, and the conditions in which the work is performed (physical environment, psychological conditions). With a view to ensuring the application of the principle of equal remuneration for men and women for work of equal value in the public service, the Committee asks the Government to: (i) ensure that women and men civil servants have access to any additional benefits on an equal footing; and (ii) consider the possibility to review the unified pay scale using job evaluation methods based on objective criteria, such as skills, responsibilities, effort and working conditions, which do not favour occupations held predominantly by men or predominantly by women. The Committee also asks the Government to provide information on: (i) any legal and administrative framework enabling civil servants to claim equal remuneration for work of equal value, together with a right to claim redress when the pay scale or its implementation have been found to be discriminatory; and (ii) where possible, the distribution of men and women in in the civil service by category, and their corresponding earnings; (iii) any recent information on the remaining gender pay gap in the civil service.

Articles 2(2)(c) and 4. Collective agreements. Cooperation with employers and workers’ organizations. The Committee takes note of the Government’s indication that relations between employers and employees are regulated based on the adoption of sectoral, national and regional agreements and conclusion of collective agreements as well as implementation of the General Agreement between the Government, trade unions and the Association of Employers. The Government indicates that: (1) the current General Agreement was signed at the end of 2020 for the period 2021-23 and that section 2 of this Agreement includes measures aimed at preventing wage disparities for men and women workers; and (2) as of 1 November 2022, collective agreements were concluded in 91.2 per cent of the total number of organizations entitled to do so. The Committee notes however, that the Government does not indicate how collective agreements promote the principle of the Convention. The Committee therefore again requests the Government to indicate how collective agreements recently concluded: (i) promote the principle of equal remuneration for men and women for work of equal value; and (ii) are used to promote objective job evaluation as a means to ensure that remuneration for men and women is determined in a non-discriminatory manner. It further asks the Government to provide information on any measures taken or envisaged to co-operate with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention.

Awareness raising and enforcement. The Committee recalls that section 13 of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005, provides for equal remuneration for work of equal value. The Committee notes from the Government’s report on the Discrimination Convention (Employment and Occupation), 1958 (No.111), that under article 13 of the newly adopted Act No. 1890 of 19 July 2022 on Equality and the Elimination of All Forms of Discrimination, the Commissioner for Human Rights (CHR) has the powers to examine, investigate and resolve complaints; and make recommendations or take measures to reconcile the parties and in case of non-implementation of the recommendations, apply to the court for their implementation. The CHR is also charged with maintaining and analysing statistical data on cases of discrimination as well as conducting educational activities on the right to equality and elimination of discrimination. The Committee asks the Government to provide information on: (i) the measures taken to raise awareness of the principle of equal remuneration for men and women for work of equal value among workers, employers and their respective organizations as well as labour inspectors and judges; and (ii) the number and outcomes of complaints for unequal pay dealt with by the labour inspectors, the Commissioner for Human Rights and the courts.

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

Previous comment

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. Private sector. The Committee welcomes the Government’s information regarding the decreasing gender pay gaps in the agriculture sector, where the ratio of women’s wages to men’s went from 79.5 per cent in 2018 to 97.2 per cent in 2021; in the education sector, from 77 to 89 per cent; in healthcare, from 74.5 to 79.4 per cent; and in public administration and defence, from 77.2 to 87.4 per cent. It notes however the information from the World Bank, based on TajStat statistics, that overall women earned 60 per cent of what men earned in 2018. According to the Government, the pay gap persists due to the following factors: (1) there are more male managers in all sectors; (2) women are less likely to be involved in harmful working conditions, overtime and night work, and are therefore not paid the corresponding supplements as part of their average wage; (3) in most cases, women work fewer hours; and (4) the total number of female workers is lower than the total number of male workers. Regarding measures adopted to increase women’s equal participation in the economy and reduce the gender pay gap, the Committee notes the Government’s indication that, during the 2018–22 period: (1) under the State Employment Promotion Programmes and social support for women, 175,700 women were employed in various sectors of the economy of which 16,100 unemployed women were employed through quota-based jobs; (2) 9,700 women were granted access to preferential interest-free loans for the development of self-employment; (3) 11,500 women were engaged in paid public work; (4) 73,900 women received free vocational training; and (5) 16,300 received vocational guidance services. The Committee notes that a Programme for the Development of Handicrafts for 2021-25 was adopted, making it possible for a significant number of women and girls living in villages to participate in training in these crafts. The Committee further notes the adoption of several new policies that have contributed to promoting the employment of women in various sectors of the economy, according to the Government. Welcoming the various measures taken to promote the employment of women and their impact on their labour force participation and reducing the gender pay gap, the Committee asks the Government to step up its efforts and pursue its action towards the elimination of the gender pay gap in all sectors of the economy, particularly in male-dominated sectors, and to continue to address the underlying causes it has identified. It asks the Government to provide detailed information on: (i) the measures taken in this regard and their impact; and (ii) wages of women and men, disaggregated by sector of the economy and occupational category, as well as any recent statistics on the gender pay gap itself.

Articles 1(b) and 2(2)(a). Work of equal value. Legislation. The Committee notes that section 140(2) of the Labour Code provides that the “employer is obliged to pay the employee the same salary for the performance of equivalent work”. It recalls that the concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee asks the Government to consider the possibility of harmonizing section 140(2) of the Labour Code with section 13 of the Law on State Guarantees of Equal Rights for Men and Women, which provides for equal remuneration for men and women for “the same work or work of equal value”, to ensure that the former explicitly refers to the concept of “work of equal value” and to provide information on any steps taken in this regard.

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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Repetition

The Committee notes with regret that the Government’s report once again contains no information in response to a number of its previous comments. The Committee wishes to reiterate that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including any progress achieved since its ratification.The Committee hopes that the next report will contain full information on the issues raised below.

Articles 1 and 2 of the Convention. Gender wage gap. Private sector. In its previous comments, the Committee noted the persistence of both the gender wage gap and occupational gender segregation. It also noted that agricultural workers were still paid the lowest wage in the economy (367.59 Tajikistani Somoni (TJS) for men and TJS211.34 for women, approximately US$39 and $22 respectively) and that women were concentrated in the informal economy and in low-paid jobs. The Committee therefore requested that the Government step up its efforts to address the gender wage gap, particularly in the agricultural sector, and that it provide information on the measures taken in this regard. It also requested that the Government provide information on the measures taken to improve access of women to a wider range of job opportunities at all levels to address the occupational gender segregation. The Committee notes, from the Government’s report, the adoption of a national strategy to enhance the role of women and girls 2011–20 and a state programme on the education, selection and appointment of managerial positions in the Republic of Tajikistan from among capable women and girls 2007–16. With regard to the fact that workers with the lowest paid jobs are found in the agricultural sector, the Government indicates that trade unions intend to make proposals to amend the General Agreement for the period 2018–20. The Government also indicates, in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that as a result of the state programme, in 2017, 1,002 women in need of special social protection were provided with employment and that 528 entrepreneurial initiatives from women received financial assistance. Further, the Committee notes, from the Government’s sixth periodic report submitted under the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the establishment of presidential grants to support and develop women’s entrepreneurial activities in 2016–20, the Plan of Action of the National Strategy on promoting the role of women 2015–20 and the National Development Strategy of the Republic of Tajikistan for the period up to 2030, which includes a special section addressing existing problems of inequality and discrimination, particularly for women in rural areas, and ways of resolving them (CEDAW/C/TJK/6, 2 November 2017, paragraph 136).The Committee requests the Government to provide detailed information on the measures taken in the framework of the abovementioned policies to improve the access of women, especially women in rural areas, to job opportunities at all levels, including as managers of farms, and on the impact of such measures. The Committee further requests the Government to pursue its efforts to address the gender wage gap, particularly in the agricultural sector, and to provide information on the measures taken in this regard and the results obtained with regard to achieving pay equity. Finally, noting the absence of information provided in this regard, the Committee once again requests the Government to provide detailed and up-to-date statistics on wages of women and men, including sex disaggregated data by industry and occupational category.

Civil service.In the absence of any information provided in this regard, the Committee once again requests the Government to indicate how it ensures equal remuneration for men and women for work of equal value in the civil service in practice and to provide statistical information disaggregated by sex on the distribution of men and women in the various occupations and grades in the civil service, and their corresponding earnings.

Article 2. Legislation. In its previous comments, the Committee asked the Government to clarify whether section 102 of the Labour Code and section 13 of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005, both provided for equal pay for “work of equal value” or for “equal work”. The Committee takes due note that the wording of section 140 of the new Labour Code 2017 and section 13 of the above-mentioned Framework Law of 2005 both guarantee equal remuneration for work of equal value. Noting however that, once again, the report is silent on the application of these provisions in practice, the Committee stresses that the continued persistence of significant gender pay gaps requires that governments, along with employers’ and workers’ organizations take measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 669).Consequently, the Committee reiterates its request to the Government that it provide information on the practical application of section 140 of the Labour Code 2017 and section 13 of Framework Law No. 89 of 1 March 2005.

Article 3. Wage determination. The Committee previously noted the adoption of Government Decree No. 98 of 5 March 2008, to approve the concept of wage reforms in the Republic of Tajikistan, which provides, among others, for mechanisms of state regulation of wage determination. In this context, it requested the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being taken into account. The Committee notes that the Government has not provided any information in this regard.The Committee therefore once again requests the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being taken into account in the context of state regulation of wage determination.

Article 4. Collective agreements. The Committee previously requested the Government to provide examples of collective agreements covering different sectors, to indicate how these agreements promote the principle of equal pay for work of equal value, and to indicate the percentage of the workforce covered by collective agreements. The Committee takes note of the Government’s indication that there are 20 sectorial trade union committees covering all sectors of employment. The Government also indicates that trade union committees work with employers on basic wage agreements and collective agreements. While taking due note of the information provided, the Committee notes that the Government does not indicate how collective agreements promote the principle of the Convention.The Committee therefore once again requests the Government to provide examples of collective agreements covering different sectors and to indicate how these agreements promote the principle of equal remuneration for men and women for work of equal value. It also requests the Government to indicate the percentage of the workforce covered by collective agreements, disaggregated by sex.

Enforcement. The Committee previously noted that a Coordinating Council on Gender Issues has been established in the Ministry of Labour and Social Protection and the State Labour Inspectorate to monitor discrimination against women in the labour market and requested the Government to provide information on its activities regarding equal remuneration for men and women. The Committee also requested the Government to provide information on cases of violations of the principle of equal remuneration dealt by the labour inspectorate or the courts. The Committee notes the Government’s indication that no complaints regarding remuneration have been recorded.The Committee once again requests the Government to provide information on the activities of the Coordinating Council on Gender Issues to monitor sex-based discrimination regarding remuneration. With regard to the lack of complaints, the Committee refers the Government to its comments under Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and requests the Government to indicate the measures taken or envisaged to ensure that the principle of the Convention is enforced by the courts and the labour inspectorate. Once again, the Committee requests the Government to provide information on the number of violations of section 140 of the Labour Code dealt with by the Ministry of Labour and Social Protection and the State Labour Inspectorate, and indicate whether the courts have dealt with any cases concerning the principle of equal remuneration for men and women for work of equal value.

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

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

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

Repetition

The Committee notes with regret that the Government’s report once again contains no information in response to a number of its previous comments. The Committee wishes to reiterate that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including any progress achieved since its ratification. The Committee hopes that the next report will contain full information on the issues raised below.

Articles 1 and 2 of the Convention. Gender wage gap. Private sector. In its previous comments, the Committee noted the persistence of both the gender wage gap and occupational gender segregation. It also noted that agricultural workers were still paid the lowest wage in the economy (367.59 Tajikistani Somoni (TJS) for men and TJS211.34 for women, approximately US$39 and $22 respectively) and that women were concentrated in the informal economy and in low-paid jobs. The Committee therefore requested that the Government step up its efforts to address the gender wage gap, particularly in the agricultural sector, and that it provide information on the measures taken in this regard. It also requested that the Government provide information on the measures taken to improve access of women to a wider range of job opportunities at all levels to address the occupational gender segregation. The Committee notes, from the Government’s report, the adoption of a national strategy to enhance the role of women and girls 2011–20 and a state programme on the education, selection and appointment of managerial positions in the Republic of Tajikistan from among capable women and girls 2007–16. With regard to the fact that workers with the lowest paid jobs are found in the agricultural sector, the Government indicates that trade unions intend to make proposals to amend the General Agreement for the period 2018–20. The Government also indicates, in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that as a result of the state programme, in 2017, 1,002 women in need of special social protection were provided with employment and that 528 entrepreneurial initiatives from women received financial assistance. Further, the Committee notes, from the Government’s sixth periodic report submitted under the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the establishment of presidential grants to support and develop women’s entrepreneurial activities in 2016–20, the Plan of Action of the National Strategy on promoting the role of women 2015–20 and the National Development Strategy of the Republic of Tajikistan for the period up to 2030, which includes a special section addressing existing problems of inequality and discrimination, particularly for women in rural areas, and ways of resolving them (CEDAW/C/TJK/6, 2 November 2017, paragraph 136). The Committee requests the Government to provide detailed information on the measures taken in the framework of the abovementioned policies to improve the access of women, especially women in rural areas, to job opportunities at all levels, including as managers of farms, and on the impact of such measures. The Committee further requests the Government to pursue its efforts to address the gender wage gap, particularly in the agricultural sector, and to provide information on the measures taken in this regard and the results obtained with regard to achieving pay equity. Finally, noting the absence of information provided in this regard, the Committee once again requests the Government to provide detailed and up-to-date statistics on wages of women and men, including sex disaggregated data by industry and occupational category.

Civil service. In the absence of any information provided in this regard, the Committee once again requests the Government to indicate how it ensures equal remuneration for men and women for work of equal value in the civil service in practice and to provide statistical information disaggregated by sex on the distribution of men and women in the various occupations and grades in the civil service, and their corresponding earnings.

Article 2. Legislation. In its previous comments, the Committee asked the Government to clarify whether section 102 of the Labour Code and section 13 of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005, both provided for equal pay for “work of equal value” or for “equal work”. The Committee takes due note that the wording of section 140 of the new Labour Code 2017 and section 13 of the above-mentioned Framework Law of 2005 both guarantee equal remuneration for work of equal value. Noting however that, once again, the report is silent on the application of these provisions in practice, the Committee stresses that the continued persistence of significant gender pay gaps requires that governments, along with employers’ and workers’ organizations take measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 669). Consequently, the Committee reiterates its request to the Government that it provide information on the practical application of section 140 of the Labour Code 2017 and section 13 of Framework Law No. 89 of 1 March 2005.

Article 3. Wage determination. The Committee previously noted the adoption of Government Decree No. 98 of 5 March 2008, to approve the concept of wage reforms in the Republic of Tajikistan, which provides, among others, for mechanisms of state regulation of wage determination. In this context, it requested the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being taken into account. The Committee notes that the Government has not provided any information in this regard. The Committee therefore once again requests the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being taken into account in the context of state regulation of wage determination.

Article 4. Collective agreements. The Committee previously requested the Government to provide examples of collective agreements covering different sectors, to indicate how these agreements promote the principle of equal pay for work of equal value, and to indicate the percentage of the workforce covered by collective agreements. The Committee takes note of the Government’s indication that there are 20 sectorial trade union committees covering all sectors of employment. The Government also indicates that trade union committees work with employers on basic wage agreements and collective agreements. While taking due note of the information provided, the Committee notes that the Government does not indicate how collective agreements promote the principle of the Convention. The Committee therefore once again requests the Government to provide examples of collective agreements covering different sectors and to indicate how these agreements promote the principle of equal remuneration for men and women for work of equal value. It also requests the Government to indicate the percentage of the workforce covered by collective agreements, disaggregated by sex.

Enforcement. The Committee previously noted that a Coordinating Council on Gender Issues has been established in the Ministry of Labour and Social Protection and the State Labour Inspectorate to monitor discrimination against women in the labour market and requested the Government to provide information on its activities regarding equal remuneration for men and women. The Committee also requested the Government to provide information on cases of violations of the principle of equal remuneration dealt by the labour inspectorate or the courts. The Committee notes the Government’s indication that no complaints regarding remuneration have been recorded. The Committee once again requests the Government to provide information on the activities of the Coordinating Council on Gender Issues to monitor sex-based discrimination regarding remuneration. With regard to the lack of complaints, the Committee refers the Government to its comments under Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and requests the Government to indicate the measures taken or envisaged to ensure that the principle of the Convention is enforced by the courts and the labour inspectorate. Once again, the Committee requests the Government to provide information on the number of violations of section 140 of the Labour Code dealt with by the Ministry of Labour and Social Protection and the State Labour Inspectorate, and indicate whether the courts have dealt with any cases concerning the principle of equal remuneration for men and women for work of equal value.

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

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

The Committee notes with regret that the Government’s report once again contains no information in response to a number of its previous comments. The Committee wishes to reiterate that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including any progress achieved since its ratification. The Committee hopes that the next report will contain full information on the issues raised below.

Articles 1 and 2 of the Convention. Gender wage gap. Private sector. In its previous comments, the Committee noted the persistence of both the gender wage gap and occupational gender segregation. It also noted that agricultural workers were still paid the lowest wage in the economy (367.59 Tajikistani Somoni (TJS) for men and TJS211.34 for women, approximately US$39 and $22 respectively) and that women were concentrated in the informal economy and in low-paid jobs. The Committee therefore requested that the Government step up its efforts to address the gender wage gap, particularly in the agricultural sector, and that it provide information on the measures taken in this regard. It also requested that the Government provide information on the measures taken to improve access of women to a wider range of job opportunities at all levels to address the occupational gender segregation. The Committee notes, from the Government’s report, the adoption of a national strategy to enhance the role of women and girls 2011–20 and a state programme on the education, selection and appointment of managerial positions in the Republic of Tajikistan from among capable women and girls 2007–16. With regard to the fact that workers with the lowest paid jobs are found in the agricultural sector, the Government indicates that trade unions intend to make proposals to amend the General Agreement for the period 2018–20. The Government also indicates, in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that as a result of the state programme, in 2017, 1,002 women in need of special social protection were provided with employment and that 528 entrepreneurial initiatives from women received financial assistance. Further, the Committee notes, from the Government’s sixth periodic report submitted under the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the establishment of presidential grants to support and develop women’s entrepreneurial activities in 2016–20, the Plan of Action of the National Strategy on promoting the role of women 2015–20 and the National Development Strategy of the Republic of Tajikistan for the period up to 2030, which includes a special section addressing existing problems of inequality and discrimination, particularly for women in rural areas, and ways of resolving them (CEDAW/C/TJK/6, 2 November 2017, paragraph 136). The Committee requests the Government to provide detailed information on the measures taken in the framework of the abovementioned policies to improve the access of women, especially women in rural areas, to job opportunities at all levels, including as managers of farms, and on the impact of such measures. The Committee further requests the Government to pursue its efforts to address the gender wage gap, particularly in the agricultural sector, and to provide information on the measures taken in this regard and the results obtained with regard to achieving pay equity. Finally, noting the absence of information provided in this regard, the Committee once again requests the Government to provide detailed and up-to-date statistics on wages of women and men, including sex disaggregated data by industry and occupational category.

Civil service. In the absence of any information provided in this regard, the Committee once again requests the Government to indicate how it ensures equal remuneration for men and women for work of equal value in the civil service in practice and to provide statistical information disaggregated by sex on the distribution of men and women in the various occupations and grades in the civil service, and their corresponding earnings.

Article 2. Legislation. In its previous comments, the Committee asked the Government to clarify whether section 102 of the Labour Code and section 13 of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005, both provided for equal pay for “work of equal value” or for “equal work”. The Committee takes due note that the wording of section 140 of the new Labour Code 2017 and section 13 of the above-mentioned Framework Law of 2005 both guarantee equal remuneration for work of equal value. Noting however that, once again, the report is silent on the application of these provisions in practice, the Committee stresses that the continued persistence of significant gender pay gaps requires that governments, along with employers’ and workers’ organizations take measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 669). Consequently, the Committee reiterates its request to the Government that it provide information on the practical application of section 140 of the Labour Code 2017 and section 13 of Framework Law No. 89 of 1 March 2005.

Article 3. Wage determination. The Committee previously noted the adoption of Government Decree No. 98 of 5 March 2008, to approve the concept of wage reforms in the Republic of Tajikistan, which provides, among others, for mechanisms of state regulation of wage determination. In this context, it requested the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being taken into account. The Committee notes that the Government has not provided any information in this regard. The Committee therefore once again requests the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being taken into account in the context of state regulation of wage determination.

Article 4. Collective agreements. The Committee previously requested the Government to provide examples of collective agreements covering different sectors, to indicate how these agreements promote the principle of equal pay for work of equal value, and to indicate the percentage of the workforce covered by collective agreements. The Committee takes note of the Government’s indication that there are 20 sectorial trade union committees covering all sectors of employment. The Government also indicates that trade union committees work with employers on basic wage agreements and collective agreements. While taking due note of the information provided, the Committee notes that the Government does not indicate how collective agreements promote the principle of the Convention. The Committee therefore once again requests the Government to provide examples of collective agreements covering different sectors and to indicate how these agreements promote the principle of equal remuneration for men and women for work of equal value. It also requests the Government to indicate the percentage of the workforce covered by collective agreements, disaggregated by sex.

Enforcement. The Committee previously noted that a Coordinating Council on Gender Issues has been established in the Ministry of Labour and Social Protection and the State Labour Inspectorate to monitor discrimination against women in the labour market and requested the Government to provide information on its activities regarding equal remuneration for men and women. The Committee also requested the Government to provide information on cases of violations of the principle of equal remuneration dealt by the labour inspectorate or the courts. The Committee notes the Government’s indication that no complaints regarding remuneration have been recorded. The Committee once again requests the Government to provide information on the activities of the Coordinating Council on Gender Issues to monitor sex-based discrimination regarding remuneration. With regard to the lack of complaints, the Committee refers the Government to its comments under Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and requests the Government to indicate the measures taken or envisaged to ensure that the principle of the Convention is enforced by the courts and the labour inspectorate. Once again, the Committee requests the Government to provide information on the number of violations of section 140 of the Labour Code dealt with by the Ministry of Labour and Social Protection and the State Labour Inspectorate, and indicate whether the courts have dealt with any cases concerning the principle of equal remuneration for men and women for work of equal value.

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

Articles 1 and 2 of the Convention. Gender wage gap. The Committee notes that, according to the 2014 report of the National Agency on Statistics on “Women and Men of the Republic of Tajikistan”, the monthly salary of men was 1,022.50 Tajikistan Somoni (TJS) for men and TJS646.83 for women. The Committee further notes the persistence of occupational gender segregation, for example: there were 257,400 men and 239,000 women in the agricultural, hunting and foresting sector in 2013; 10,500 men and 1,500 women in the mining industry; 21,300 men and 2,100 women in construction; and 93,200 men and 108,000 women in education. Agricultural workers are still paid the lowest wage in the economy (TJS367.59 for men and TJS211.34 for women). In this regard, the Committee notes that, in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW), expressed concern at the concentration of women in the informal economy and in low-paid jobs (CEDAW/C/TJK/CO/4-5, 29 October 2013, paragraph 25(a)). The Committee recalls that occupational gender segregation into lower-paying jobs or occupations or positions without career opportunities has been identified as one of the underlying causes of the gender pay gap. Historical attitudes towards the role of women in society along with stereotypical assumptions regarding women’s aspirations, preferences and “suitability” for certain jobs have contributed to such occupational segregation in the labour market, and an undervaluation of so-called “female jobs” in comparison with jobs performed by men (see 2012 General Survey on the fundamental Conventions, paragraphs 697 and 712). The Committee once again asks the Government to step up its efforts to address the gender wage gap in the agricultural sector so as to prevent a further widening of the gap and to report on the results achieved. The Committee further asks the Government to provide detailed information on the measures taken or envisaged in order to address the gender wage gap. Recalling that wage inequalities may arise due to the segregation of men and women into certain sectors and occupations, the Committee asks the Government to provide information on the measures taken or envisaged to improve the access of women to a wider range of job opportunities at all levels, including sectors in which they are currently absent or underrepresented, with a view to reducing inequalities in remuneration that exist between men and women in the labour market. Please continue to provide detailed and up-to-date statistics on wages of women and men, including sex disaggregated data by industry and occupational category.

Civil service. In its previous comments, the Committee asked the Government to provide information on how it is ensuring equal remuneration for men and women for work of equal value in the civil service. It also asked the Government to provide statistical information disaggregated by sex on the distribution of men and women in the various occupations and grades in the civil service, and their corresponding earnings. The Committee once again asks the Government to indicate how it is ensuring in practice equal remuneration for men and women for work of equal value in the civil service. Please also provide statistical information disaggregated by sex on the distribution of men and women in the various occupations and grades in the civil service, and their corresponding earnings.

The Committee further notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

…

Article 2 of the Convention. Legislation. The Committee recalls that the Labour Code prohibits discrimination in payment for work and requires employers to pay workers the same remuneration for work of equal value (section 102). The Committee also notes that section 13 of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005, provides that “the employer (head of state organ or organization of any property form) must ensure equal salary for men and women, having the same position”, which is narrower than the notion of equal remuneration for work of equal value provided for in the Convention.  The Committee asks the Government to clarify the relationship between the provisions of the Labour Code, in particular section 102, and the provisions of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 2005, in particular section 13. Please also provide information on the practical application of the relevant provisions of the Labour Code and Law No. 89 of 1 March 2005.

Article 3. Wage determination. The Committee notes the adoption of Government Decree No. 98 of 5 March 2008 to approve the concept of wage reforms in the Republic of Tajikistan, which provides, among others, for mechanisms of state regulation of wage determination.  The Committee asks the Government to provide further information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being taking into account in the context of state regulation of wage determination.

Article 4. Collective agreements. In the absence of any information regarding the application of the principle of the Convention by means of collective agreements, the Committee reiterates its request to the Government to provide examples of collective agreements covering different sectors and to indicate how these agreements promote the principle of the Convention. Please also indicate the percentage of the workforce covered by collective agreements, disaggregated by sex.

…

Enforcement. The Committee understands that a Coordinating Council on Gender Problems has been established in the Ministry of Labour and Social Protection and the State Labour Inspectorate to monitor discrimination against women in the labour market.  The Committee asks the Government to provide information on the activities of the Coordinating Council on Gender Problems to monitor sex-based discrimination regarding remuneration. Please also provide information on the number of violations of section 102 of the Labour Code dealt with by the Ministry of Labour and Social Protection and the State Labour Inspectorate, and indicate whether the courts have dealt with any cases concerning the principle of equal remuneration for men and women for work of equal value.

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

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 comments.

Repetition

Gender wage gap. The Committee recalls that the majority of women are employed in sectors in which wages are low and that according to ILO data, 75 per cent of all economically active women worked in agriculture in 2004. The second largest group of women was employed in the education sector (6.3 per cent). The Committee notes the Government’s indication that despite the increase in the average monthly nominal wages between March 2009 and February 2010, agricultural and forestry workers are still paid the lowest wage in the economy (83.02 somoni and 148.33 somoni, respectively); the highest wages are paid to the banking and finance employees (1,117.29 somoni). The Government’s report also indicates a growing trend of wage arrears in practically in all sectors of the economy, with agriculture accounting for 47.1 per cent of the total wage arrears. The Committee asks the Government to undertake serious efforts to address the wage arrears in the agricultural sector so as to prevent a further widening of the wage gap between men and women and to report on the results achieved. Please also indicate any measures taken under the National Programme for the Promotion of Employment to promote women’s access to sectors and occupations with higher paying jobs. Recalling that the National Development Strategy for the period until 2015 provides for the collection of improved gender statistics, the Committee hopes that more detailed statistical information disaggregated by sex on the distribution of men and women in the different occupations and sectors of the economy, and their corresponding levels of earnings, will soon be available.

Legislative protection. The Committee recalls that the Labour Code prohibits discrimination in payment for work and requires employers to pay workers the same remuneration for work of equal value (section 102). The Committee also notes that section 13 of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005, provides that “the employer (head of state organ or organization of any property form) must ensure equal salary for men and women, having the same position”, which is narrower than the notion of equal remuneration for work of equal value provided for in the Convention. The Committee asks the Government to clarify the relationship between the provisions of the Labour Code, in particular section 102, and the provisions of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 2005, in particular section 13. Please also provide information on the practical application of the relevant provisions of the Labour Code and Law No. 89 of 1 March 2005.

Wage determination. The Committee notes the adoption of Government Decree No. 98 of 5 March 2008 to approve the concept of wage reforms in the Republic of Tajikistan, which provides, among others, for mechanisms of state regulation of wage determination. The Committee asks the Government to provide further information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being taking into account in the context of state regulation of wage determination.

Collective agreements. In the absence of any information regarding the application of the principle of the Convention by means of collective agreements, the Committee reiterates its request to the Government to provide examples of collective agreements covering different sectors and to indicate how these agreements promote the principle of the Convention. Please also indicate the percentage of the workforce covered by collective agreements, disaggregated by sex.

Civil service. The Committee notes that the level of remuneration of civil servants is periodically established by the President of the Republic of Tajikistan. It also notes that Law No. 89 of 2005 provides for guarantees ensuring equal opportunities of men and women in the state service. The Committee asks the Government to provide information on how it is ensuring in practice, through the application of Law No. 89 of 2005, equal remuneration for men and women for work of equal value in the civil service. Please provide statistical information disaggregated by sex on the distribution of men and women in the various occupations and grades in the civil service, and their corresponding earnings.

Enforcement. The Committee understands that a Coordinating Council on Gender Problems has been established in the Ministry of Labour and Social Protection and the State Labour Inspectorate to monitor discrimination against women in the labour market. The Committee asks the Government to provide information on the activities of the Coordinating Council on Gender Problems to monitor sex-based discrimination regarding remuneration. Please also provide information on the number of violations of section 102 of the Labour Code dealt with by the Ministry of Labour and Social Protection and the State Labour Inspectorate, and indicate whether the courts have dealt with any cases concerning the principle of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Gender wage gap. The Committee recalls that the majority of women are employed in sectors in which wages are low and that according to ILO data, 75 per cent of all economically active women worked in agriculture in 2004. The second largest group of women was employed in the education sector (6.3 per cent). The Committee notes the Government’s indication that despite the increase in the average monthly nominal wages between March 2009 and February 2010, agricultural and forestry workers are still paid the lowest wage in the economy (83.02 somoni and 148.33 somoni, respectively); the highest wages are paid to the banking and finance employees (1,117.29 somoni). The Government’s report also indicates a growing trend of wage arrears in practically in all sectors of the economy, with agriculture accounting for 47.1 per cent of the total wage arrears. The Committee asks the Government to undertake serious efforts to address the wage arrears in the agricultural sector so as to prevent a further widening of the wage gap between men and women and to report on the results achieved. Please also indicate any measures taken under the National Programme for the Promotion of Employment to promote women’s access to sectors and occupations with higher paying jobs. Recalling that the National Development Strategy for the period until 2015 provides for the collection of improved gender statistics, the Committee hopes that more detailed statistical information disaggregated by sex on the distribution of men and women in the different occupations and sectors of the economy, and their corresponding levels of earnings, will soon be available.

Legislative protection. The Committee recalls that the Labour Code prohibits discrimination in payment for work and requires employers to pay workers the same remuneration for work of equal value (section 102). The Committee also notes that section 13 of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005, provides that “the employer (head of state organ or organization of any property form) must ensure equal salary for men and women, having the same position”, which is narrower than the notion of equal remuneration for work of equal value provided for in the Convention. The Committee asks the Government to clarify the relationship between the provisions of the Labour Code, in particular section 102, and the provisions of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 2005, in particular section 13. Please also provide information on the practical application of the relevant provisions of the Labour Code and Law No. 89 of 1 March 2005.

Wage determination. The Committee notes the adoption of Government Decree No. 98 of 5 March 2008 to approve the concept of wage reforms in the Republic of Tajikistan, which provides, among others, for mechanisms of state regulation of wage determination. The Committee asks the Government to provide further information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being taking into account in the context of state regulation of wage determination.

Collective agreements. In the absence of any information regarding the application of the principle of the Convention by means of collective agreements, the Committee reiterates its request to the Government to provide examples of collective agreements covering different sectors and to indicate how these agreements promote the principle of the Convention. Please also indicate the percentage of the workforce covered by collective agreements, disaggregated by sex.

Civil service. The Committee notes that the level of remuneration of civil servants is periodically established by the President of the Republic of Tajikistan. It also notes that Law No. 89 of 2005 provides for guarantees ensuring equal opportunities of men and women in the state service. The Committee asks the Government to provide information on how it is ensuring in practice, through the application of Law No. 89 of 2005, equal remuneration for men and women for work of equal value in the civil service. Please provide statistical information disaggregated by sex on the distribution of men and women in the various occupations and grades in the civil service, and their corresponding earnings.

Enforcement. The Committee understands that a Coordinating Council on Gender Problems has been established in the Ministry of Labour and Social Protection and the State Labour Inspectorate to monitor discrimination against women in the labour market. The Committee asks the Government to provide information on the activities of the Coordinating Council on Gender Problems to monitor sex-based discrimination regarding remuneration. Please also provide information on the number of violations of section 102 of the Labour Code dealt with by the Ministry of Labour and Social Protection and the State Labour Inspectorate, and indicate whether the courts have dealt with any cases concerning the principle of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s indication that the majority of women are employed in sectors in which wages are low. According to ILO data, 75 per cent of all economically active women worked in agriculture in 2004. The second largest group of women was employed in the education sector (6.3 per cent). The Government also indicates that the National Programme for the Promotion of Employment envisages measures to eliminate gender imbalances in the labour market. The National Development Strategy for the period until 2015 provides for the collection of improved gender statistics. The Committee hopes that the Government will make every effort possible to collect statistical information on the earnings of men and women in the different sectors of the economy, and asks the Government to provide such data as soon as they are available. It also asks the Government to provide information on any measures taken to promote women’s access to better paying sectors and occupations.

Enforcement. The Committee recalls that the Labour Code prohibits discrimination in payment for work and requires the employers to pay workers the same remuneration for work of equal value (section 102). The Committee asks the Government to provide information on the measures taken by the competent authorities to monitor the implementation of these provisions and to provide information on the number of violations of section 102 of the Labour Code. Please also indicate whether the courts have dealt with any cases concerning the principle of equal remuneration for men and women for work of equal value.

Collective agreements. The Committee reiterates its request to the Government to provide examples of collective agreements covering different sectors and to indicate how these agreements promote the principle of the Convention. Please also indicate the percentage of the work force covered by collective agreements

Civil service. The Committee thanks the Government for providing a copy of the Law on the Civil Service, 2007. It will examine the legislation as soon as a translation becomes available.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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 direct request, which read as follows:

1. Article 2 of the Convention. The Committee had previously noted that, under article 35 of the Constitution of Tajikistan, wages for work cannot be less than the minimum wage and equal wages shall be paid for the “same work”. Article 17 of the Constitution also contains a general guarantee of equality on a number of grounds, including sex, and provides that men and women have the same rights. In its earlier comments, the Committee had also noted that section 102 of the 1997 Labour Code prohibits discrimination in payment for work and requires employers “to pay to workers the same remuneration for work of equal value”. In addition, section 7 of the Code expresses the principle of non-discrimination contained in Article 1, paragraph 1(a), of Convention No. 111. The Committee repeats its request that the Government indicate, in light of the provisions mentioned, the manner in which the principle of equal remuneration for men and women workers for work of equal value is promoted and ensured for those workers who are not covered by collective agreements.

2. The Committee again asks the Government to indicate whether legislation exists which applies specifically to civil servants. If so, the Committee would appreciate receiving a copy of any such legislative texts. It also reiterates its request that the Government supply information on the methodology used to fix salaries for employees in the public service, as well as copies of the current salary scales for workers in the public service, together with information on the percentages of men and women at the different levels of the public service.

3. The Committee had previously commented on section 11 of the Act concerning Social Partnership, Agreements and Collective Treaties, which requires company collective agreements to contain certain provisions, including systems of remuneration, the level of tariff rates, wages and salaries, and the character and conditions of work. In this regard, the Committee once again asks the Government to indicate the methodology used to evaluate and compare jobs and thus to classify posts and determine wage scales in collective agreements. The Committee also repeats its request that the Government forward samples of collective agreements for enterprises in the manufacturing sector, indicating the percentages of men and women covered by these agreements and their distribution in the various occupational categories and grades.

4. Article 3. The Committee requests that the Government supply information, including the fullest possible statistical data, concerning the wage differentials between men and women in different sectors in Tajikistan, in accordance with its general observation of 1998. The Committee points out that such information is essential to enable it adequately to assess the application of the Convention. While it understands that the Government may not be in a position to provide full statistical information in response to the Committee’s request, it would nevertheless appreciate receiving all the information that is currently available and reminds the Government that the Office remains at its disposal to provide technical assistance to enable the Government to improve its capacity for compiling and analysing the necessary statistical data.

5. Article 4. The Committee repeats its request that the Government supply copies of the draft legislation mentioned in the Government’s first report, which provides for methods of tripartite cooperation in order to give effect to the provisions of the Convention. The Government is also requested to supply information on any other practical measures taken in cooperation with the social partners to give effect to the Convention.

6. The Committee notes the Government’s reference to the Decree issued by the President of Tajikistan respecting measures to enhance the role of women in society (No. 5 of December 1999). The Committee would be grateful if the Government would supply a copy of the Decree with its next report.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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:

1. Article 2 of the Convention. The Committee had previously noted that, under article 35 of the Constitution of Tajikistan, wages for work cannot be less than the minimum wage and equal wages shall be paid for the “same work”. Article 17 of the Constitution also contains a general guarantee of equality on a number of grounds, including sex, and provides that men and women have the same rights. In its earlier comments, the Committee had also noted that section 102 of the 1997 Labour Code prohibits discrimination in payment for work and requires employers “to pay to workers the same remuneration for work of equal value”. In addition, section 7 of the Code expresses the principle of non-discrimination contained in Article 1, paragraph 1(a), of Convention No. 111. The Committee repeats its request that the Government indicate, in light of the provisions mentioned, the manner in which the principle of equal remuneration for men and women workers for work of equal value is promoted and ensured for those workers who are not covered by collective agreements.

2. The Committee again asks the Government to indicate whether legislation exists which applies specifically to civil servants. If so, the Committee would appreciate receiving a copy of any such legislative texts. It also reiterates its request that the Government supply information on the methodology used to fix salaries for employees in the public service, as well as copies of the current salary scales for workers in the public service, together with information on the percentages of men and women at the different levels of the public service.

3. The Committee had previously commented on section 11 of the Act concerning Social Partnership, Agreements and Collective Treaties, which requires company collective agreements to contain certain provisions, including systems of remuneration, the level of tariff rates, wages and salaries, and the character and conditions of work. In this regard, the Committee once again asks the Government to indicate the methodology used to evaluate and compare jobs and thus to classify posts and determine wage scales in collective agreements. The Committee also repeats its request that the Government forward samples of collective agreements for enterprises in the manufacturing sector, indicating the percentages of men and women covered by these agreements and their distribution in the various occupational categories and grades.

4. Article 3. The Committee requests that the Government supply information, including the fullest possible statistical data, concerning the wage differentials between men and women in different sectors in Tajikistan, in accordance with its general observation of 1998. The Committee points out that such information is essential to enable it adequately to assess the application of the Convention. While it understands that the Government may not be in a position to provide full statistical information in response to the Committee’s request, it would nevertheless appreciate receiving all the information that is currently available and reminds the Government that the Office remains at its disposal to provide technical assistance to enable the Government to improve its capacity for compiling and analysing the necessary statistical data.

5. Article 4. The Committee repeats its request that the Government supply copies of the draft legislation mentioned in the Government’s first report, which provides for methods of tripartite cooperation in order to give effect to the provisions of the Convention. The Government is also requested to supply information on any other practical measures taken in cooperation with the social partners to give effect to the Convention.

6. The Committee notes the Government’s reference to the Decree issued by the President of Tajikistan respecting measures to enhance the role of women in society (No. 5 of December 1999). The Committee would be grateful if the Government would supply a copy of the Decree with its next report.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 direct request, which read as follows:

1. Article 2 of the Convention. The Committee had previously noted that, under article 35 of the Constitution of Tajikistan, wages for work cannot be less than the minimum wage and equal wages shall be paid for the "same work". Article 17 of the Constitution also contains a general guarantee of equality on a number of grounds, including sex, and provides that men and women have the same rights. In its earlier comments, the Committee had also noted that section 102 of the 1997 Labour Code prohibits discrimination in payment for work and requires employers "to pay to workers the same remuneration for work of equal value". In addition, section 7 of the Code expresses the principle of non-discrimination contained in Article 1, paragraph 1(a), of Convention No. 111. The Committee repeats its request that the Government indicate, in light of the provisions mentioned, the manner in which the principle of equal remuneration for men and women workers for work of equal value is promoted and ensured for those workers who are not covered by collective agreements.

2. The Committee again asks the Government to indicate whether legislation exists which applies specifically to civil servants. If so, the Committee would appreciate receiving a copy of any such legislative texts. It also reiterates its request that the Government supply information on the methodology used to fix salaries for employees in the public service, as well as copies of the current salary scales for workers in the public service, together with information on the percentages of men and women at the different levels of the public service.

3. The Committee had previously commented on section 11 of the Act concerning Social Partnership, Agreements and Collective Treaties, which requires company collective agreements to contain certain provisions, including systems of remuneration, the level of tariff rates, wages and salaries, and the character and conditions of work. In this regard, the Committee once again asks the Government to indicate the methodology used to evaluate and compare jobs and thus to classify posts and determine wage scales in collective agreements. The Committee also repeats its request that the Government forward samples of collective agreements for enterprises in the manufacturing sector, indicating the percentages of men and women covered by these agreements and their distribution in the various occupational categories and grades.

4. Article 3. The Committee requests that the Government supply information, including the fullest possible statistical data, concerning the wage differentials between men and women in different sectors in Tajikistan, in accordance with its general observation of 1998. The Committee points out that such information is essential to enable it adequately to assess the application of the Convention. While it understands that the Government may not be in a position to provide full statistical information in response to the Committee’s request, it would nevertheless appreciate receiving all the information that is currently available and reminds the Government that the Office remains at its disposal to provide technical assistance to enable the Government to improve its capacity for compiling and analysing the necessary statistical data.

5. Article 4. The Committee repeats its request that the Government supply copies of the draft legislation mentioned in the Government’s first report, which provides for methods of tripartite cooperation in order to give effect to the provisions of the Convention. The Government is also requested to supply information on any other practical measures taken in cooperation with the social partners to give effect to the Convention.

6. The Committee notes the Government’s reference to the Decree issued by the President of Tajikistan respecting measures to enhance the role of women in society (No. 5 of December 1999). The Committee would be grateful if the Government would supply a copy of the Decree with its next report.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes once again 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 direct request, which read as follows:

1. Article 2 of the Convention. The Committee had previously noted that, under article 35 of the Constitution of Tajikistan, wages for work cannot be less than the minimum wage and equal wages shall be paid for the "same work". Article 17 of the Constitution also contains a general guarantee of equality on a number of grounds, including sex, and provides that men and women have the same rights. In its earlier comments, the Committee had also noted that section 102 of the 1997 Labour Code prohibits discrimination in payment for work and requires employers "to pay to workers the same remuneration for work of equal value". In addition, section 7 of the Code expresses the principle of non-discrimination contained in Article 1, paragraph 1(a), of Convention No. 111. The Committee repeats its request that the Government indicate, in light of the provisions mentioned, the manner in which the principle of equal remuneration for men and women workers for work of equal value is promoted and ensured for those workers who are not covered by collective agreements.

2. The Committee again asks the Government to indicate whether legislation exists which applies specifically to civil servants. If so, the Committee would appreciate receiving a copy of any such legislative texts. It also reiterates its request that the Government supply information on the methodology used to fix salaries for employees in the public service, as well as copies of the current salary scales for workers in the public service, together with information on the percentages of men and women at the different levels of the public service.

3. The Committee had previously commented on section 11 of the Act concerning Social Partnership, Agreements and Collective Treaties, which requires company collective agreements to contain certain provisions, including systems of remuneration, the level of tariff rates, wages and salaries, and the character and conditions of work. In this regard, the Committee once again asks the Government to indicate the methodology used to evaluate and compare jobs and thus to classify posts and determine wage scales in collective agreements. The Committee also repeats its request that the Government forward samples of collective agreements for enterprises in the manufacturing sector, indicating the percentages of men and women covered by these agreements and their distribution in the various occupational categories and grades.

4. Article 3. The Committee requests that the Government supply information, including the fullest possible statistical data, concerning the wage differentials between men and women in different sectors in Tajikistan, in accordance with its general observation of 1998. The Committee points out that such information is essential to enable it adequately to assess the application of the Convention. While it understands that the Government may not be in a position to provide full statistical information in response to the Committee’s request, it would nevertheless appreciate receiving all the information that is currently available and reminds the Government that the Office remains at its disposal to provide technical assistance to enable the Government to improve its capacity for compiling and analysing the necessary statistical data.

5. Article 4. The Committee repeats its request that the Government supply copies of the draft legislation mentioned in the Government’s first report, which provides for methods of tripartite cooperation in order to give effect to the provisions of the Convention. The Government is also requested to supply information on any other practical measures taken in cooperation with the social partners to give effect to the Convention.

6. The Committee notes the Government’s reference to the Decree issued by the President of Tajikistan respecting measures to enhance the role of women in society (No. 5 of December 1999). The Committee would be grateful if the Government would supply a copy of the Decree with its next report.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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 direct request, which read as follows:

1. Article 2 of the Convention. The Committee had previously noted that, under article 35 of the Constitution of Tajikistan, wages for work cannot be less than the minimum wage and equal wages shall be paid for the "same work". Article 17 of the Constitution also contains a general guarantee of equality on a number of grounds, including sex, and provides that men and women have the same rights. In its earlier comments, the Committee had also noted that section 102 of the 1997 Labour Code prohibits discrimination in payment for work and requires employers "to pay to workers the same remuneration for work of equal value". In addition, section 7 of the Code expresses the principle of non-discrimination contained in Article 1, paragraph 1(a), of Convention No. 111. The Committee repeats its request that the Government indicate, in light of the provisions mentioned, the manner in which the principle of equal remuneration for men and women workers for work of equal value is promoted and ensured for those workers who are not covered by collective agreements.

2. The Committee again asks the Government to indicate whether legislation exists which applies specifically to civil servants. If so, the Committee would appreciate receiving a copy of any such legislative texts. It also reiterates its request that the Government supply information on the methodology used to fix salaries for employees in the public service, as well as copies of the current salary scales for workers in the public service, together with information on the percentages of men and women at the different levels of the public service.

3. The Committee had previously commented on section 11 of the Act concerning Social Partnership, Agreements and Collective Treaties, which requires company collective agreements to contain certain provisions, including systems of remuneration, the level of tariff rates, wages and salaries, and the character and conditions of work. In this regard, the Committee once again asks the Government to indicate the methodology used to evaluate and compare jobs and thus to classify posts and determine wage scales in collective agreements. The Committee also repeats its request that the Government forward samples of collective agreements for enterprises in the manufacturing sector, indicating the percentages of men and women covered by these agreements and their distribution in the various occupational categories and grades.

4. Article 3. The Committee requests that the Government supply information, including the fullest possible statistical data, concerning the wage differentials between men and women in different sectors in Tajikistan, in accordance with its general observation of 1998. The Committee points out that such information is essential to enable it adequately to assess the application of the Convention. While it understands that the Government may not be in a position to provide full statistical information in response to the Committee’s request, it would nevertheless appreciate receiving all the information that is currently available and reminds the Government that the Office remains at its disposal to provide technical assistance to enable the Government to improve its capacity for compiling and analysing the necessary statistical data.

5. Article 4. The Committee repeats its request that the Government supply copies of the draft legislation mentioned in the Government’s first report, which provides for methods of tripartite cooperation in order to give effect to the provisions of the Convention. The Government is also requested to supply information on any other practical measures taken in cooperation with the social partners to give effect to the Convention.

6. The Committee notes the Government’s reference to the Decree issued by the President of Tajikistan respecting measures to enhance the role of women in society (No. 5 of December 1999). The Committee would be grateful if the Government would supply a copy of the Decree with its next report.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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:

1. Article 2 of the Convention. The Committee had previously noted that, under article 35 of the Constitution of Tajikistan, wages for work cannot be less than the minimum wage and equal wages shall be paid for the "same work". Article 17 of the Constitution also contains a general guarantee of equality on a number of grounds, including sex, and provides that men and women have the same rights. In its earlier comments, the Committee had also noted that section 102 of the 1997 Labour Code prohibits discrimination in payment for work and requires employers "to pay to workers the same remuneration for work of equal value". In addition, section 7 of the Code expresses the principle of non-discrimination contained in Article 1, paragraph 1(a), of Convention No. 111. The Committee repeats its request that the Government indicate, in light of the provisions mentioned, the manner in which the principle of equal remuneration for men and women workers for work of equal value is promoted and ensured for those workers who are not covered by collective agreements.

2. The Committee again asks the Government to indicate whether legislation exists which applies specifically to civil servants. If so, the Committee would appreciate receiving a copy of any such legislative texts. It also reiterates its request that the Government supply information on the methodology used to fix salaries for employees in the public service, as well as copies of the current salary scales for workers in the public service, together with information on the percentages of men and women at the different levels of the public service.

3. The Committee had previously commented on section 11 of the Act concerning Social Partnership, Agreements and Collective Treaties, which requires company collective agreements to contain certain provisions, including systems of remuneration, the level of tariff rates, wages and salaries, and the character and conditions of work. In this regard, the Committee once again asks the Government to indicate the methodology used to evaluate and compare jobs and thus to classify posts and determine wage scales in collective agreements. The Committee also repeats its request that the Government forward samples of collective agreements for enterprises in the manufacturing sector, indicating the percentages of men and women covered by these agreements and their distribution in the various occupational categories and grades.

4. Article 3. The Committee requests that the Government supply information, including the fullest possible statistical data, concerning the wage differentials between men and women in different sectors in Tajikistan, in accordance with its general observation of 1998. The Committee points out that such information is essential to enable it adequately to assess the application of the Convention. While it understands that the Government may not be in a position to provide full statistical information in response to the Committee’s request, it would nevertheless appreciate receiving all the information that is currently available and reminds the Government that the Office remains at its disposal to provide technical assistance to enable the Government to improve its capacity for compiling and analysing the necessary statistical data.

5. Article 4. The Committee repeats its request that the Government supply copies of the draft legislation mentioned in the Government’s first report, which provides for methods of tripartite cooperation in order to give effect to the provisions of the Convention. The Government is also requested to supply information on any other practical measures taken in cooperation with the social partners to give effect to the Convention.

6. The Committee notes the Government’s reference to the Decree issued by the President of Tajikistan respecting measures to enhance the role of women in society (No. 5 of December 1999). The Committee would be grateful if the Government would supply a copy of the Decree with its next report.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report contains no reply to its previous comments. It therefore returns to the points raised in its earlier direct requests.

1.  Article 2 of the Convention.  The Committee had previously noted that, under article 35 of the Constitution of Tajikistan, wages for work cannot be less than the minimum wage and equal wages shall be paid for the "same work". Article 17 of the Constitution also contains a general guarantee of equality on a number of grounds, including sex, and provides that men and women have the same rights. In its earlier comments, the Committee had also noted that section 102 of the 1997 Labour Code prohibits discrimination in payment for work and requires employers "to pay to workers the same remuneration for work of equal value". In addition, section 7 of the Code expresses the principle of non-discrimination contained in Article 1, paragraph 1(a), of Convention No. 111. The Committee repeats its request that the Government indicate, in light of the provisions mentioned, the manner in which the principle of equal remuneration for men and women workers for work of equal value is promoted and ensured for those workers who are not covered by collective agreements.

2.  The Committee again asks the Government to indicate whether legislation exists which applies specifically to civil servants. If so, the Committee would appreciate receiving a copy of any such legislative texts. It also reiterates its request that the Government supply information on the methodology used to fix salaries for employees in the public service, as well as copies of the current salary scales for workers in the public service, together with information on the percentages of men and women at the different levels of the public service.

3.  The Committee had previously commented on section 11 of the Act concerning Social Partnership, Agreements and Collective Treaties, which requires company collective agreements to contain certain provisions, including systems of remuneration, the level of tariff rates, wages and salaries, and the character and conditions of work. In this regard, the Committee once again asks the Government to indicate the methodology used to evaluate and compare jobs and thus to classify posts and determine wage scales in collective agreements. The Committee also repeats its request that the Government forward samples of collective agreements for enterprises in the manufacturing sector, indicating the percentages of men and women covered by these agreements and their distribution in the various occupational categories and grades.

4.  Article 3.  The Committee requests that the Government supply information, including the fullest possible statistical data, concerning the wage differentials between men and women in different sectors in Tajikistan, in accordance with its general observation of 1998. The Committee points out that such information is essential to enable it adequately to assess the application of the Convention. While it understands that the Government may not be in a position to provide full statistical information in response to the Committee’s request, it would nevertheless appreciate receiving all the information that is currently available and reminds the Government that the Office remains at its disposal to provide technical assistance to enable the Government to improve its capacity for compiling and analysing the necessary statistical data.

5.  Article 4.  The Committee repeats its request that the Government supply copies of the draft legislation mentioned in the Government’s first report, which provides for methods of tripartite cooperation in order to give effect to the provisions of the Convention. The Government is also requested to supply information on any other practical measures taken in cooperation with the social partners to give effect to the Convention.

6.  The Committee notes the Government’s reference to the Decree issued by the President of Tajikistan respecting measures to enhance the role of women in society (No. 5 of December 1999). The Committee would be grateful if the Government would supply a copy of the Decree with its next report.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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 reads as follows:

1. The Committee notes the information provided by the Government in its first report. It also notes the provisions of the new Labour Code, adopted in May 1997 after receipt of the Government's report.

2. Article 1 of the Convention. The Committee notes that section 102 of the 1997 Labour Code prohibits any discrimination in payment for work and obliges an employer "to pay to workers the same remuneration for work of equal value". Please indicate the measures taken to ensure that equal pay for men and women is assured in respect of all elements of the wage package, as provided under Article 1, paragraph (a), of the Convention, in particular, in respect of workers in the private sector who are not covered by a collective agreement.

3. Article 2. The Committee notes that article 35 of the Constitution stipulates that wages for work cannot be less than the minimum wage and that equal wages shall be paid for the "same work". It also notes that article 17 of the Constitution contains a general guarantee of equality on a number of grounds, including sex, and asserts that men and women have the same rights. In addition to section 102 of the Labour Code, referred to above, the Committee notes that section 7 of the Labour Code reproduces the wording of Article 1, paragraph 1(a), of Convention No. 111. In the light of these various provisions, please indicate how the principle of "equal remuneration for men and women workers for work of equal value" is promoted and ensured for all of those workers who are not covered by collective agreements.

4. While noting that the Labour Code and the Act concerning Social Partnership, Agreements and Collective Treaties, 1992, apply to all workers in enterprises, organizations and institutions, irrespective of their form of ownership, the Committee requests the Government to indicate whether specific legislation exists concerning public servants. Please also provide information on the methodology used to fix salaries for employees in the public service and furnish copies of the current salary scales fixed for those employees, together with, if possible, an indication of the percentage of men and women employed at different levels.

5. The Committee notes that the Act concerning Social Partnership, Agreements and Collective Treaties stipulates, in section 11, that enterprise collective agreements (referred to as "collective treaties") should contain a number of provisions, including systems of remuneration and other types of workers' income, the level of tariff rates and wages and salaries depending on the occupation and skill of workers, and the character and conditions of work. Please indicate the methodology used to evaluate and compare jobs, and thus to classify posts and determine wage scales in collective agreements. Please also provide some examples of collective agreements for enterprises in the manufacturing sector, together with an indication, if possible, of the percentage of men and women covered by these agreements, and employed in different categories and grades.

6. Article 3. The Committee requests the Government to supply any available statistical data concerning the wage gap between men and women. If such data are not collected, the Committee asks the Government to indicate whether consideration has been given to collecting such information, which would be of considerable assistance in determining the progress made in the application of the Convention.

7. Article 4. The Committee notes from the report that draft legislation dealing with the remuneration of labour provides for methods of tripartite cooperation for the purpose of giving effect to the provisions of the Convention. Please provide a copy of this legislation and indicate the particular means taken pursuant to its provisions to promote the application of the Convention. Please also supply information on any other practical measures taken in cooperation with employers' and workers' organizations to give effect to the Convention, including any that might have been taken within the context of a tripartite national agreement concluded under the Act concerning Social Partnership, Agreements and Collective Treaties.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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:

1. The Committee notes the information provided by the Government in its first report. It also notes the provisions of the new Labour Code, adopted in May 1997 after receipt of the Government's report.

2. Article 1 of the Convention. The Committee notes that section 102 of the 1997 Labour Code prohibits any discrimination in payment for work and obliges an employer "to pay to workers the same remuneration for work of equal value". Please indicate the measures taken to ensure that equal pay for men and women is assured in respect of all elements of the wage package, as provided under Article 1, paragraph (a), of the Convention, in particular, in respect of workers in the private sector who are not covered by a collective agreement.

3. Article 2. The Committee notes that article 35 of the Constitution stipulates that wages for work cannot be less than the minimum wage and that equal wages shall be paid for the "same work". It also notes that article 17 of the Constitution contains a general guarantee of equality on a number of grounds, including sex, and asserts that men and women have the same rights. In addition to section 102 of the Labour Code, referred to above, the Committee notes that section 7 of the Labour Code reproduces the wording of Article 1, paragraph 1(a), of Convention No. 111. In the light of these various provisions, please indicate how the principle of "equal remuneration for men and women workers for work of equal value"is promoted and ensured for all of those workers who are not covered by collective agreements.

4. While noting that the Labour Code and the Act concerning Social Partnership, Agreements and Collective Treaties, 1992, apply to all workers in enterprises, organizations and institutions, irrespective of their form of ownership, the Committee requests the Government to indicate whether specific legislation exists concerning public servants. Please also provide information on the methodology used to fix salaries for employees in the public service and furnish copies of the current salary scales fixed for those employees, together with, if possible, an indication of the percentage of men and women employed at different levels.

5. The Committee notes that the Act concerning Social Partnership, Agreements and Collective Treaties stipulates, in section 11, that enterprise collective agreements (referred to as "collective treaties") should contain a number of provisions, including systems of remuneration and other types of workers' income, the level of tariff rates and wages and salaries depending on the occupation and skill of workers, and the character and conditions of work. Please indicate the methodology used to evaluate and compare jobs, and thus to classify posts and determine wage scales in collective agreements. Please also provide some examples of collective agreements for enterprises in the manufacturing sector, together with an indication, if possible, of the percentage of men and women covered by these agreements, and employed in different categories and grades.

6. Article 3. The Committee requests the Government to supply any available statistical data concerning the wage gap between men and women. If such data are not collected, the Committee asks the Government to indicate whether consideration has been given to collecting such information, which would be of considerable assistance in determining the progress made in the application of the Convention.

7. Article 4. The Committee notes from the report that draft legislation dealing with the remuneration of labour provides for methods of tripartite cooperation for the purpose of giving effect to the provisions of the Convention. Please provide a copy of this legislation and indicate the particular means taken pursuant to its provisions to promote the application of the Convention. Please also supply information on any other practical measures taken in cooperation with employers' and workers' organizations to give effect to the Convention, including any that might have been taken within the context of a tripartite national agreement concluded under the Act concerning Social Partnership, Agreements and Collective Treaties.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the information provided by the Government in its first report. It also notes the provisions of the new Labour Code, adopted in May 1997 after receipt of the Government's report.

2. Article 1 of the Convention. The Committee notes that section 102 of the 1997 Labour Code prohibits any discrimination in payment for work and obliges an employer "to pay to workers the same remuneration for work of equal value". Please indicate the measures taken to ensure that equal pay for men and women is assured in respect of all elements of the wage package, as provided under Article 1, paragraph (a), of the Convention, in particular, in respect of workers in the private sector who are not covered by a collective agreement.

3. Article 2. The Committee notes that article 35 of the Constitution stipulates that wages for work cannot be less than the minimum wage and that equal wages shall be paid for the "same work". It also notes that article 17 of the Constitution contains a general guarantee of equality on a number of grounds, including sex, and asserts that men and women have the same rights. In addition to section 102 of the Labour Code, referred to above, the Committee notes that section 7 of the Labour Code reproduces the wording of Article 1, paragraph 1(a), of Convention No. 111. In the light of these various provisions, please indicate how the principle of "equal remuneration for men and women workers for work of equal value"is promoted and ensured for all of those workers who are not covered by collective agreements.

4. While noting that the Labour Code and the Act concerning Social Partnership, Agreements and Collective Treaties, 1992, apply to all workers in enterprises, organizations and institutions, irrespective of their form of ownership, the Committee requests the Government to indicate whether specific legislation exists concerning public servants. Please also provide information on the methodology used to fix salaries for employees in the public service and furnish copies of the current salary scales fixed for those employees, together with, if possible, an indication of the percentage of men and women employed at different levels.

5. The Committee notes that the Act concerning Social Partnership, Agreements and Collective Treaties stipulates, in section 11, that enterprise collective agreements (referred to as "collective treaties") should contain a number of provisions, including systems of remuneration and other types of workers' income, the level of tariff rates and wages and salaries depending on the occupation and skill of workers, and the character and conditions of work. Please indicate the methodology used to evaluate and compare jobs, and thus to classify posts and determine wage scales in collective agreements. Please also provide some examples of collective agreements for enterprises in the manufacturing sector, together with an indication, if possible, of the percentage of men and women covered by these agreements, and employed in different categories and grades.

6. Article 3. The Committee requests the Government to supply any available statistical data concerning the wage gap between men and women. If such data are not collected, the Committee asks the Government to indicate whether consideration has been given to collecting such information, which would be of considerable assistance in determining the progress made in the application of the Convention.

7. Article 4. The Committee notes from the report that draft legislation dealing with the remuneration of labour provides for methods of tripartite cooperation for the purpose of giving effect to the provisions of the Convention. Please provide a copy of this legislation and indicate the particular means taken pursuant to its provisions to promote the application of the Convention. Please also supply information on any other practical measures taken in cooperation with employers' and workers' organizations to give effect to the Convention, including any that might have been taken within the context of a tripartite national agreement concluded under the Act concerning Social Partnership, Agreements and Collective Treaties.