Comments adopted by the CEACR: Tajikistan

Repetition

The Committee notes that the Government indicates in its report that the occupation of dockworker does not exist in Tajikistan due to the lack of navigable rivers in the country and of flag vessels. The Commission previously pointed out that although the Republic of Tajikistan is a landlocked country, the provisions of the Convention also apply to processes of loading and unloading of ships engaged in inland navigation. The Committee invites the Government to indicate any progress made in the development of the transport of goods by inland waterways and therefore in the infrastructure necessary for the handling of goods and, where appropriate, to indicate any measures subsequently adopted to ensure that workers engaged in loading and unloading operations are protected against accidents in accordance with the provisions of the Convention.

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

Repetition

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

The Committee notes the entry into force of the new Law on Trade Unions (2011) and the new Labour Code (2016). The Committee further notes the Government’s indication that the Law on Public Associations does not apply to trade unions.

Article 3 of the Convention. Right of organizations to organize their activities and to formulate their programmes. The Committee notes that pursuant to section 323(2) of the Labour Code, a decision to declare a strike should be taken by a meeting of workers or of an appropriate workers’ representative body. Such a decision should be adopted by not less than two thirds of those present at the meeting (representative body) or two thirds of the delegates to the conference of workers’ representatives. The Committee considers that requiring a decision by two thirds of those present at the meeting is excessive and could unduly hinder the possibility of calling a strike. The Committee therefore requests the Government to amend this provision so as to lower the majority required for the calling of a strike. It requests the Government to indicate all measures taken in this respect.

The Committee notes that, pursuant to section 323(5) of the Labour Code, the right to strike can be restricted by legislation in cases where it might endanger the life and health of individuals or the security and defence capacity of the State. The Committee requests the Government to indicate services where the right to strike is so restricted or prohibited, with reference to the relevant legislative provisions.

The Committee recalls that when the right to strike is restricted or prohibited in certain enterprises or services considered essential, or for certain public servants exercising authority in the name of the State, the workers should be afforded adequate protection so as to compensate for the restrictions imposed on their freedom of action. Such protection should include, for example, impartial conciliation and eventually arbitration procedures which have the confidence of the parties, in which workers and their organizations could be associated. Such arbitration awards should be binding on both parties and once issued should be implemented rapidly and completely. The Committee requests the Government to indicate whether alternative compensatory guarantees of this nature are afforded to workers deprived of their right to strike pursuant to section 323(5) of the Labour Code and to indicate the applicable legislative provisions.

Criminal Code. In its previous comments, the Committee had noted that under section 160 of the Criminal Code, a violation of procedure for organizing and carrying out meetings, demonstrations and pickets is sanctioned by a fine of up to 2,000 times the minimum wage or of up to two years’ imprisonment. It requested the Government to indicate whether trade unionists had been sanctioned under this provision for exercising legitimate trade union activities. The Committee notes the Government’s indication that section 160 of the Criminal Code has never been used to prosecute trade unionists for exercising legitimate trade union activities. The Government stresses that participants in peaceful strike action assume no criminal liability and that this provision has not been applied in practice. The Committee takes due note of this information and trusts that this provision will not be used to sanction trade unionists for exercising legitimate trade union activities.

Repetition

The Committee notes the entry into force of the new Law on Trade Unions (2011) and the new Labour Code (2016). In this connection, the Committee notes that the Law on social partnership, agreements and collective accords has been repealed.

Articles 1, 2 and 6 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee had previously requested the Government to clarify whether dissuasive sanctions against acts of anti-union discrimination and acts of interference vis-à-vis public servants not engaged in the administration of the State are included in the legislation and to provide the reference to the relevant sections of the Criminal Code or to any other legislation applicable. The Committee notes the Government’s indication that civil servants are workers and thus enjoy freedom of association rights. The Government further indicates that trade unions exist at all state institutions and that their members and leaders were protected by the same provisions of the Criminal Code and the Labour Code as other workers.

Article 4. Right to collective bargaining. The Committee notes that sections 1, 290, 291, 301, 306 and 307 of the Labour Code envisage representation of workers, including for the purpose of collective bargaining at all levels, by representatives other than trade unions, regardless of the existence of a trade union at a particular enterprise or at a higher level. The Committee recalls that direct negotiation between the undertaking and workers’ representatives, bypassing representative trade unions might be detrimental to the principle that negotiation between employers and organizations of workers should be encouraged and promoted. The Committee requests the Government to amend the legislation so as to ensure that it is only in the event where there is no representative trade union at the workplace (or at the higher level) that the right to bargain collectively is conferred to the workers’ representatives. It requests the Government to provide information on all measures taken or envisaged in this respect.

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.

Repetition

The Committee takes note of the information provided by the Government concerning Article 3(2) and (3) with respect to compulsory postnatal leave and Articles 2 and 4(3) as regards medical benefits awarded to foreign women workers.

Article 4(3) of the Convention. Free medical care and types of medical benefits. According to section 5 of the Medical Insurance Act of 2008, protected persons are entitled to basic programme of compulsory medical insurance which defines the volume and conditions of medical care and medicines provided free of charge, and to supplementary programmes of complementary medical insurance which defines the care, medicines, rehabilitation and health promotion services involving cost sharing by the beneficiaries. The Committee asks the Government to specify which types of pregnancy, prenatal, confinement and postnatal care by qualified midwives or medical practitioners are provided under the basic and supplementary programmes respectively.

Repetition

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political views. The Committee previously noted that certain provisions on the Criminal Code provide for sanctions of imprisonment for situations that might be covered by Article 1(a) of the Convention. It also noted that sanctions of imprisonment involve compulsory prison labour by virtue of section 107(1) of the Code on the Execution of Criminal Sentences. The Committee requested the Government to provide information on the application in practice of these provisions.

The Committee notes the Government’s indication in its report that a request was sent to the Ministry of Justice regarding the application of section 189 of the Criminal Code, and Article 1 of the Convention, and a response shall be sent to the Committee once it is received by the Government.

The Committee once again refers to section 189 of the Criminal Code under which “propaganda of the exclusiveness of citizens by a sign to religion, national racial, or local origin, if these actions were committed in public or using means of mass media are punishable by up to five years of restriction of liberty or imprisonment for the same period”. The Committee also notes that under section 137, public insults of the President using press or other media are punishable by correctional labour up to two years, or imprisonment for a period of two to five years. Section 330(2) also provides that public insult of an official in mass media is punishable by a fine or confinement for a period of two to six months, or up to two years of imprisonment. The Committee further notes that in its concluding observations of 2013, the UN Human Rights Committee remained concern at the existence of penal provisions on liable and insult against the President (section 137) and insult against government representatives (section 330(2)) (CCPR/C/TJK/CO/2, paragraph 22).

In this regard, the Committee recalls, referring to paragraphs 302–304 of its General Survey of 2012 on the fundamental Conventions, that sanctions involving compulsory labour, including compulsory prison labour, are incompatible with Article 1(a) of the Convention where they enforce a prohibition of the peaceful expression of non-violence views or of opposition to the established political, social or economic system. The Committee therefore requests the Government to provide information on the application in practice of sections 137, 189 and 330(2) of the Criminal Code, as well as copies of any court decisions defining or illustrating their application to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

Article 1(c). Penal sanctions applicable to public officials. The Committee previously noted that, under section 322(1) of the Criminal Code (“Negligence”), the non-performance or improper performance by a public official of his/her duties as the result of a negligent attitude, causing substantial harm to the legitimate rights and interests of persons or organizations, or to state interests, is punishable by compulsory community works or correctional labour. Noting that the Government’s report contains no information on this issue, the Committee once again requests the Government to provide information on the court decisions handed down pursuant to section 322(1) of the Criminal Code, which could define or illustrate its application, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

Article 1(d). Sanctions for participating in strikes. The Committee previously noted that section 160 of the Criminal Code provides that organizers of public meetings, assemblies, rallies, demonstrations and picketing conducted in violation of the established procedure are punishable with sanctions of imprisonment (involving compulsory prison labour). The Committee requested the Government to provide information on the measures taken or envisaged with a view to ensuring that no penal sanctions involving compulsory labour can be imposed on a worker for the mere fact of a peaceful participation in a strike. The Committee notes the Government’s indication that a request was sent to the Ministry of Justice regarding the application of section 160 of the Criminal Code, and a response shall be sent to the Committee once it is received by the Government. The Committee notes the Government’s indication in its report submitted under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that section 160 of the Criminal Code proposes penalties for breaching the procedures governing the organization of rallies and demonstrations or, in some circumstances, a prison sentence of two years. Participants in peaceful strike action bear no criminal liability. While noting this information, the Committee requests the Government to provide information on the application in practice of section 160 of the Criminal Code, particularly on the relevant court decisions handed down under this section, and the penalties imposed.

Repetition

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations from the International Trade Union Confederation, received on 11 September 2019.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee recalls its previous comments noting that the grounds of “colour” and “social origin”, which were prohibited grounds of discrimination in the 1997 Labour Code, are no longer covered by section 7 of the 2016 Labour Code, and that the ground of “social status” mentioned in the 2016 Labour Code is narrower than “social origin” mentioned in the Convention. In its previous comments, the Committee also recalled that section 2 of the Law on Civil Service No. 223 of 5 March 2007 provides that “citizens shall have equal rights to be recruited by the civil service, irrespective of the nationality, race, gender, language, religion, and political views, social and proprietary status” but that it does not include the ground of “colour”. The Committee notes the Government’s indication in its report that it acknowledges that the “concept of skin colour” is not covered by national legislation, including in relation to the civil service. It also welcomes the Government’s indication, in its additional information, according to which working groups are discussing possible amendments to the legislation with a view to including the prohibition of discrimination against “skin colour” in article 7(2) of the Labour Code. The Committee draws the Government’s attention once again to paragraph 853 of its General Survey of 2012 on the fundamental Conventions, according to which where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds of discrimination specified in Article 1(1)(a) of the Convention. The Committee therefore asks the Government to take the opportunity to amend section 7 of the Labour Code to ensure that the grounds of “colour” and “social origin” are expressly included as prohibited grounds of discrimination. It also asks the Government to take the necessary steps to amend section 2 of the Law on Civil Service No. 223 of 5 March 2007 to include the grounds of “colour” and “social origin”, in order to ensure that discrimination is prohibited on the basis of at least all of the grounds set out in Article 1(1)(a) of the Convention both in the private and public sectors. It asks the Government to provide information on the progress achieved to this end.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.

Discrimination based on sex. Sexual harassment. In its previous comments, the Committee recalled its 2002 general observation highlighting the importance of taking effective measures, including legislative measures, to address both forms of sexual harassment (quid pro quo and hostile environment) in employment and occupation. The Committee notes the Government’s indication that it is developing a legislative and regulatory framework to prevent violence against women and to offer assistance to victims of violence. In its supplementary information, the Government also mentions the adoption of the Free Legal Aid Act (2020), which ensures that free legal aid is available to people from all walks of life, including the victims of sexual harassment, regardless of their gender.While welcoming this information, the Committee would like to draw the Government’s attention once again to paragraphs 789–794 of its 2012 General Survey on the steps necessary to ensure prevention from, and protection against, sexual harassment of both men and women in employment and occupation. In particular, the Committee notes that, without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation will effectively address all forms of sexual harassment (paragraph 791). The Committee therefore asks the Government to include in the labour legislation a comprehensive definition and an explicit prohibition of both quid pro quo and hostile environment sexual harassment and to provide information in this regard. The Committee also asks that the Government take practical steps to address sexual harassment against both men and women workers in the public and private sectors, including through the provision of help lines, legal assistance or support units to assist victims of sexual harassment, reporting and complaint mechanisms, the formulation and implementation of codes of conduct or related guidelines, awareness-raising and training activities for workers, employers and their respective organizations and enforcement officials. The Committee asks the Government to provide detailed information on any measures taken in this regard.

Articles 1(1)(a) and 5. Restrictions to the employment of women. Protective measures. In its previous comments, the Committee noted that the Labour Code provides for restrictions on women’s employment as well as special measures for women. The Committee notes the Government’s reiterated indications regarding the legal framework applicable to the work of women. The Committee notes, from the supplementary information, that while the Government indicates that it is devoting every effort to achieving a transition from its frequently defensive approach to women’s employment, to an approach geared to the encouragement of gender equality and the elimination of discriminatory laws and practices, it also states that it considers the prohibition of employment of women in unsafe, underground and hazardous working conditions as a fundamental principle. In this regard, the Government indicates that the list of occupations where women’s employment is prohibited, under section 216 of the Labour Code is contained in the Government Decision No. 179 of 4 April 2017, entitled “List of occupations in which it is prohibited to employ women and the rules concerning the maximum loads they may lift and handle manually”.

The Committee draws the Government’s attention to the major shift that has occurred over time to move from a purely protective approach concerning the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. It recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see the General Survey of 2012, paragraph 839). The Committee further recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Restrictions on women’s employment (“non-pregnant” and “non-nursing” women) are contrary to the principle of equality of opportunity and treatment between men and women, unless they are genuine protective measures put in place to protect their health. This protection must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protective purposes. The Committee further recalls that it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access the types of employment concerned on an equal footing with men (see General Survey of 2012, paragraph 840). The Committee emphasizes the need to review the provisions of the Labour Code restricting the work of women with children under a certain age (3 years for example) in the light of gender equality and, in particular, the importance of reconciling work and family responsibilities for workers of both sexes. It points out that measures aimed at reconciling work and family should be available to men and women with family responsibilities on an equal footing.  The Committee therefore asks the Government to review its approach regarding restrictions on women’s employment in light of the above principles to ensure that protective measures are limited to maternity protection in the strict sense or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women. It asks the Government to provide information on any development in this regard. The Committee also asks the Government to provide a copy of the Government Decision No. 179 of 2017, entitled “List of occupations in which it is prohibited to employ women and the rules concerning the maximum loads they may lift and handle manually”.

Articles 1(2) and 5. Inherent requirements and special measures of protection and assistance. The Committee recalls its request concerning the interpretation of section 7(2) of the 2016 Labour Code regarding “inherent requirements of a particular job” and “special care for persons in need of increased social protection”. The Committee would like to draw the Government’s attention to the distinction to be made between those two exceptions. As far as “inherent requirements of a particular job” are concerned, the Committee recalls that there are very few instances where the grounds listed in the Convention actually constitute inherent requirements of the job and that this exception has always been interpreted in a restrictive manner. The distinctions made on the basis of inherent requirements of a particular job should be determined on an objective basis and take account of individual capacities, otherwise such practices may then come into conflict with the Convention’s provisions calling for the implementation of a policy designed to eliminate discrimination (see the General Survey of 2012, paragraphs 827–831). Special measures of protection and assistance, under Article 5 of the Convention, are important for ensuring equality of opportunity in practice as they address specific needs or the effects of past discrimination with a view to restoring a balance (see the General Survey of 2012, paragraphs 836–837). Noting that the Government’s report only contains information regarding measures taken to protect women, minors and persons with disabilities, the Committee asks the Government to provide examples of jobs for which there are inherent requirements that would not be considered discriminatory, as envisaged under section 7(2), and a copy of any administrative or judicial decisions in relation to inherent requirements of a particular job.

Article 1(3). Prohibition of discrimination at all stages of employment. Private sector. In its previous comments, the Committee requested the Government to confirm that section 7(1) of the Labour Code – which prohibits discrimination in “labour relations” – also covers access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. In its additional information, the Government indicates that section 7(1) of the Labour Code fails to address all areas of employment and occupation, and that it will examine the question of revising the legislation in this regard. The Committee therefore asks the Government to: (i) clarify the areas of employment covered by section 7(1) of the Labour Code, and (ii) take all the necessary measures to amend the Labour Code, without delay, to ensure that the prohibition of discrimination covers all areas of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. In the meantime, the Committee asks the Government to provide information on how it is ensured that the principle of non-discrimination is applied in practice to all areas of employment.

Civil service. The Committee recalls that in its previous comments it noted that section 2 of the Law on Civil Service No. 223 of 5 March 2007 only covers recruitment. It notes, from the additional information, the Government’s statement that in the course of their duties in the public service, public officials are governed by the Labour Code, which bans all forms of discrimination and guarantees protection for workers’ rights. The Government also refers to sections 34–41 of the Law on Civil Service which provide that civil servants enjoy the protection of all labour rights including in relation to working hours, wages, leave and social benefits, and declares that, for these reasons, it does not consider it necessary to amend the Law on Civil Service. Noting that section 7(1) of the Labour Code does not cover all areas of employment, the Committee asks the Government to ensure that civil servants are protected against discrimination in all conditions of employment (working time, wages, bonuses, occupational safety and health, etc.). The Committee also asks the Government to provide information on the application in practice of sections 31–41 of the Law on Civil Service No. 223 of 5 March 2007, for example on any cases of discrimination in employment or occupation brought to the relevant authorities by civil servants.

Article 2. National equality policy with respect to grounds other than sex. Noting that the Government’s report does not contain any information in this regard, the Committee reiterates its request for information on the steps taken or envisaged to adopt and pursue a national policy on equality of opportunity and treatment in employment and occupation addressing the other grounds protected by the Convention, namely race, colour, national extraction, religion, political opinion and social origin, as required by Article 2 of the Convention.

Promoting access of girls and women to education and vocational training. Recalling its previous request for information on any specific measures taken to improve women’s and girls’ educational opportunities and the results achieved, the Committee notes that the Government indicates that, in 2019, with the assistance of the Labour and Employment Agency (LEA) and within the State Programme to Promote Employment, 13,749 persons, of which 10,311 were women, attended vocational training through short courses at vocational education institutions for adults. The Government further indicates that women may also acquire vocational training in occupations required by the labour market through fee-paying short courses within the LEA system and receive certificates of existing labour skills, through the recognition and validation of adults’ competencies. With reference to its 2019 observation on this Convention, the Committee hopes that the various measures taken by the Government to promote gender equality, including by fighting gender stereotypes, will also improve the access of girls and women to education and vocational training.  The Committee asks the Government to pursue its efforts to improve girls’ and women’s enrolment in secondary and higher levels of education and to encourage their participation in a wider range of vocational training courses including in technical areas, and to provide information on the results achieved. The Committee also asks the Government to provide statistical information disaggregated by sex on the participation rates of men and women in the various types and levels of education and training courses.

Article 4. Persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee recalls that measures of state security – which are an exception under Article 4 of the Convention – should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention. The Committee asks the Government to provide detailed information on the content of any provisions of its national legislation that would restrict or prohibit a person from accessing employment or particular occupations or allow different treatment of persons because they are suspected of, or engaged in, activities prejudicial to the security of the State. It also asks the Government to provide information on the specific procedures establishing the right of appeal available to persons affected by such measures.

Awareness-raising and enforcement. The Committee notes the ITUC’s indication that the Government has not provided any information on the activities of the Committee for Women’s and Family Affairs (CWFA) nor on the number of complaints that it has dealt with. In its supplementary information, the Government indicates that, in the reporting period, the law enforcement agencies did not find a single case involving a breach of the non-discrimination principle in the labour and employment sphere, and neither did the competent national bodies receive any complaint citing labour discrimination. The Committee also notes the Government’s general indication that the competent national bodies regularly conduct educational programmes to improve public understanding of the application of the non-discrimination laws. In this regard, the Committee would like to draw the Government’s attention to the fact that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the General Survey of 2012, paragraph 870). The Committee therefore asks the Government to identify the specific measures taken or envisaged to raise awareness among workers, employers and their respective organizations as well as enforcement officials and the general public, of the anti-discrimination provisions in the legislation, and to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. The Committee asks the Government to continue to provide information on the number of inspections carried out during the reporting period and the violations of the principle of non-discrimination in employment and occupation detected by, or reported to, the labour inspectors and dealt with by the courts, identifying if possible the ground of discrimination concerned and the outcome of the case. The Committee also asks that the Government provide information on the activities of the Committee for Women’s and Family Affairs (CWFA) concerning the handling of complaints of discrimination in employment and occupation and on the promotion of gender equality.

Repetition

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the International Trade Union Confederation (ITUC), which were received on 11 September 2019.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

Repetition

Article 2 of the Convention. Formulation and implementation of a policy concerning nursing services and nursing personnel. In its previous comments, the Committee requested the Government to communicate copies of Ordinance No. 7 of 10 January 2000 establishing the national nursing care centre as well as any other official texts adopted in the context of the implementation of its policy on nursing services and nursing personnel. The Committee notes that the Government’s report does not provide this information. The Government refers to the establishment of the Tajik Nursing Association in 1997, indicating that the Association aims to bring together Tajikistan’s nurses and midwives, strengthen their role in maintaining public health care and enhance advocacy for nursing. The Government adds that the Midwives Association of Tajikistan was established on 16 October 2014, in order to enhance the prestige of midwives and develop their knowledge. The Committee notes that, according to a 2016 report of the European Observatory on Health Systems and Policies (the EO report) entitled Tajikistan: Health System Review, the number of nurses per 100,000 population in Tajikistan declined, from 597 in 1990 to 350 in 2004, before increasing again to 444 in 2013. Despite this more recent increase, the EO report indicates that the ratio of nurses in Tajikistan to population size remains one of the lowest in the region and that, in addition, Tajikistan’s health-care system suffers from pronounced regional imbalances, with health-care workers concentrated in urban areas, notably in Dushanbe, due to challenges in rural and remote areas that include low salaries, outdated medical equipment and the poor condition of health facilities. The EO report refers to incentives introduced by the Ministry of Health and Social Protection aimed at improving the distribution and motivation of health-care workers, to attract them to rural and remote areas. The Committee requests the Government to provide in its next regular report, due in 2018, detailed information on the impact of measures taken in the framework of its policy concerning nursing services and nursing personnel and which are aimed at attracting and retaining nursing personnel, including midwives, particularly in rural and remote areas of the country, as well as statistical information reflecting trends in this sector. It further requests the Government to provide information regarding the consultations held with the social partners with respect to the formulation and implementation of the policy, as called for under Article 2 of the Convention. The Committee once again requests the Government to provide a copy of Ordinance No. 7 of 10 January 2000 establishing the national nursing care centre and any other official texts adopted in the context of the implementation of its policy on nursing services and nursing personnel.

Articles 3 and 4. Basic requirements in relation to teaching and training. The right to exercise the profession. In its previous comments, the Committee requested the Government to indicate the basic requirements in relation to the teaching and training of nursing personnel, and the conditions governing the right to practice nursing care and services. The Government indicates that the national nursing centre and regional nursing centres in Sughd Region, Khatlon Region and the Gorno-Badakhshan Autonomous Region were set up as of 10 January 2000 in order to coordinate the development of nursing in Tajikistan, to develop educational policy at both the graduate and post-graduate levels and to review practice among intermediate medical staff. In accordance with Ministerial Order No. 877 of 17 October 2014, courses to enhance the qualifications of intermediate medical staff are being held at the national nursing centre to enhance the knowledge, professional competencies, practical skills and abilities of intermediate medical staff. The Government indicates that there are currently 23 medical colleges in Tajikistan (16 public and seven private) where training is provided for intermediate medical staff with various specialties. The Committee notes the indication in the EO report that nursing is still poorly developed and many nurses are underqualified. According to the EO report, reforming medical education has been one of the key directions of reform, with upgraded nursing training. The Committee further notes from the EO report that a nursing faculty has been established at the Postgraduate Medical Institute, and nurse training has been upgraded to a four-year course. Retraining is also provided through a six-month continuing medical education course for physicians and nurses who wish to retrain in the area of family medicine. The Committee once again requests the Government to indicate the basic requirements in relation to the teaching and training of nursing personnel, and the conditions governing the right to practice nursing care and services. It also once again requests the Government to provide a copy of any relevant law or regulation in this regard.

Article 5. Consultations with nursing personnel. The Government indicates that the Tajik Nursing Association was established under the auspices of the American International Healthcare Alliance in 1997 in order to bring together Tajikistan’s nurses and midwives, to strengthen their role in maintaining public health care and to enhance advocacy for nursing. The Tajik Nursing Association, together with the National Nursing Centre, drew up an Ethical Code for Nurses. The Midwives Association of Tajikistan was later established on 16 October 2014 with the aim of bringing together the country’s midwives, enhancing their prestige and their role in society and developing their knowledge. The Committee requests the Government to provide further information on the measures taken to promote the participation of nursing personnel in the planning of nursing services. It also requests the Government to provide information on the consultations held with such personnel, including the Tajik Nursing Association and the Midwives Association of Tajikistan, on decisions concerning them, in a manner appropriate to national conditions. The Committee further requests the Government to provide additional information on the application of the Ethical Code for Nurses.

Article 6. Conditions of employment. The Government indicates that intermediate medical staff are employed in accordance with the Labour Code. Government or sectoral awards are granted in accordance with length of service and particular merit. For intermediate medical staff, the working day lasts between eight and 14 hours. Overtime is not compensated. Weekly rest days, annual paid leave, study leave, pregnancy and maternity leave, sick leave and social security are also provided for under the Labour Code. Recalling the requirement set out by the Convention that nursing personnel shall enjoy conditions of employment at least equivalent to those of other workers, the Committee requests the Government to indicate the provisions guaranteeing that nursing personnel enjoy conditions of employment and work at least equivalent to those of other workers in relation to hours of work, including regulation and compensation of overtime, inconvenient hours and shift work.

Repetition

Articles 1, 2 and 3 of the Convention. National policy on home work. The Committee notes the Government’s brief first report, which indicates that the term “homeworker” is defined in the 2013 “Instructions for regulating labour activity and providing social guarantees for homeworkers working for individual natural persons on the basis of an employment agreement (contract)”, which were approved by the Federation of Independent Trade Unions of Tajikistan, the Taxation Committee of the Republic of Tajikistan and the Ministry of Labour and Social Protection. The Government adds that the concept of “homeworker” is also defined in the new draft Labour Code, which is currently being considered by the Majlisi namoyandagon (House of Representatives) of the Majlisi Oli (Supreme Council) of the Republic of Tajikistan. The Government indicates that the text of the amended Labour Code would be communicated to the Office as soon as it is approved. The Committee requests the Government to provide further information on the definition of homeworker in the 2013 Instructions. The Committee also requests the Government to provide the text of the amended Labour Code, as soon as it is adopted, specifying the provisions of the Labour Code that give effect to the provisions of the Convention. It further requests the Government to provide information on the steps taken to develop, adopt, implement and periodically review a national policy on home work, which aims to improve the situation of homeworkers, and to communicate the text of the policy upon its adoption, as well as to indicate the consultations held with the social partners and organizations representing homeworkers and employers of homeworkers in relation to the national policy.

Article 4. Equality of treatment. The Government indicates that homeworkers enjoy all the guarantees provided under the Labour Code, the Law on State Social Security and other statutory provisions governing the social protection of such workers. The Committee requests the Government to provide information on the manner in which equality of treatment is promoted between homeworkers and other workers in relation to the eight areas provided for in Article 4(2).

Article 6. Statistics. The Government indicates that there are no official statistics on home work. The Committee requests the Government to make every effort to collect and communicate, to the extent possible, specific data on home work, disaggregated by sex, where possible. In this regard, it also requests the Government to provide information on any measures taken or envisaged to collect such statistics.

Article 8. Use of intermediaries. The Committee notes the Government’s indication that private agency service providers may act as a placement agency for employers and workers in relation to home work. The Government adds, however, that the specific responsibilities of placement agencies with respect to home work are not prescribed by legislation. The Committee recalls that their responsibilities may be determined by legislation, regulations or by court decisions. The Committee accordingly requests the Government to provide information on any measures taken or envisaged to establish the respective responsibilities of employers and agencies with respect to the matters covered by the Convention.

Application of the Convention in practice. The Committee requests the Government to provide information on the application of the Convention in practice, by providing extracts from inspection reports as well as information regarding the number and nature of infringements reported and the remedies provided in case of violation of the relevant legislation and regulations. The Government is further requested to provide information on the measures taken to apply Article 7, as well as the types of work and substances prohibited in home work.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

B. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

C. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

Repetition

Article 5 of the Convention. Compensatory periods of rest. The Committee previously noted that under section 82 of the Labour Code of 15 May 1997 (Text No. 417), work performed on a weekly rest day may be compensated by means of either an alternative day off or cash payment at a higher rate. It emphasized that the Government had to take measures, as far as possible, for granting compensatory periods of rest for any suspension or diminution of the period of weekly rest regardless of any cash compensation. The Committee notes that the Government did not provide information in this regard. The Committee is bound to draw the Government’s attention to the fact that Article 5 of the Convention only provides for a compensatory period of rest, whereas it is not foreseen that a worker could claim financial compensation instead. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to Article 5 of the Convention.

Article 7. Notices and rosters. The Committee previously requested the Government to specify any legal provision giving effect to the requirement, under Article 7 of the Convention, to post notices or draw up rosters in order to keep workers informed of the weekly rest scheme applicable to them. The Committee, while taking note of the Government’s indication that section 80 of the Labour Code provides for organizations where there is a need for continuous work to set days off by agreement with the local government authorities, also notes that the text of this section does not require the posting of notices in cases where the weekly rest is given to the whole of the staff collectively as required under Article 7(a) of the Convention. The Committee requests the Government to take measures in order to ensure full compliance with Article 7(a) of the Convention.

Repetition

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

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

Repetition

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

The Committee notes the information provided by the Government in its report in reply to its previous comments regarding the following Articles of the Convention: Article 3(1) (appropriate steps to ensure effective protection of workers against ionizing radiations); Article 5 (restriction of the exposure of workers to the lowest practicable level); Article 6(1) (fixing of maximum permissible doses); Article 8 (fixing of appropriate levels for workers who may be exposed temporarily to ionizing radiations); Article 9 (information and instruction of workers exposed); Article 11 (monitoring of workers and places of work to measure the exposure of workers to radiation); Article 12 (appropriate medical examinations); Article 13 (measures to be taken urgently in certain circumstances to be specified because of the nature or degree of the exposure); and Article 15 (inspection services).

Articles 6(2), 7, 10 and 14 of the Convention. Constant review of the maximum permissible doses of ionizing radiations in light of current knowledge. Fixing of appropriate levels for workers under the age of 18. Notification of work involving exposure to ionizing radiations. Transfer to other appropriate work for a worker who could be subject to exposure to ionizing radiations contrary to qualified medical advice. The Committee notes the Government’s intention to submit a detailed report on the Convention, taking into consideration the up-to-date relevant international standards. In this regard, the Committee wishes to draw the Government’s attention, in particular, to the following paragraphs of its general observation: paragraphs 32–37 on the maximum permissible dose limits, according to the categories of workers and during an emergency; and paragraph 40 on the discontinuation of assignment to work involving exposure to ionizing radiations further to medical advice and the offer of alternative employment. The Committee invites the Government to review its legislation in light of the abovementioned paragraphs of its 2015 general observation and to provide information on the measures taken to bring it into conformity with the up-to-date standards on radiation protection.

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 119 (guarding of machinery), 120 (hygiene-commerce and offices) and 148 (working environment (air pollution, noise, and vibration)) and 155 (OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 1 and 2 of the Convention. Scope of application. The Committee notes that the new Labour Code adopted in 2016 repeals the 2009 Occupational Safety and Health (OSH) Act, and includes many provisions of the latter. The Committee notes that while the OSH Law of 2009 applied to all workers who are in an employment relationship with employers, students in vocational training and military personnel (section 3 of the repealed Law), the Labour Code of 2016 applies only to workers defined as individuals maintaining labour relations with employers on the basis of a signed employment contract. Recalling that no categories of workers were excluded from the scope of application of the Convention (in accordance with Articles 1(2) and 2(2)), the Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all workers.

Articles 4 and 8. Formulation, implementation and periodic review of a coherent national policy on OSH and the working environment. Consultation with the representative organizations of employers and workers concerned. The Committee notes that contrary to the repealed OSH Act, the 2016 Labour Code does not specifically enumerate the basic principles to be covered by the national policy on OSH. However, the Committee notes that the Labour Code makes reference to such a policy, provides for the development and the enforcement of legislative and regulatory safety requirements, and refers to promotional actions on occupational safety (sections 327, 329 and 331). The Committee welcomes the development, with ILO assistance, of a National OSH Profile, which was presented at a round table in 2017, and it notes that the Government intends to develop a national OSH programme with ILO assistance. The Committee notes that section 328 of the Labour Code provides for cooperation of government agencies and local executive authorities with employers and workers and their associations and other authorized representatives of workers in the implementation of the national OSH policy. However, the Committee notes that the Government has not provided the requested information on the consultation of the social partners in relation to the national policy on OSH. The Committee requests the Government to provide information on any developments concerning a national programme, and provide a copy thereof, once adopted. The Committee requests the Government to provide detailed information on the consultation with the most representative organizations of employers and workers with regard to the measures taken to formulate, implement and review a national policy on OSH (including where applicable, information on any institutionalized mechanisms for the consultation of the social partners in the process of legislative review in the area of OSH (including in the recent review of the Labour Code)).

Article 5(b). Adaptation of working conditions to workers. Following its previous comment, the Committee notes that section 348 of the Labour Code requires employers to take preventive measures to ensure safe conditions of facilities, equipment and technological processes, and provide for a system of rest periods for workers. The Committee also notes the requirements of employers to undertake workplace appraisals, as provided for in section 348 of the Labour Code and by Government Decision No. 429 of 2014. The Committee takes note of this information.

Article 5(e). Protection of workers and their representatives from disciplinary measures for actions properly taken in conformity with the policy. The Committee notes that the Government has not provided a response to its request on how effect is given to this Article of the Convention. However, the Committee notes that section 344 of the 2016 Labour Code provides for the protection of trade unions and other worker representatives with regard to their actions taken in relation to OSH. The Committee requests the Government to take the necessary measures to ensure that individual workers without particular OSH responsibilities are protected from disciplinary measures as a result of actions properly taken by them in conformity with the policy.

Article 10. Guidance to employers and workers to help them comply with their legal obligations. The Committee notes the Government’s indication, in reply to its previous request, that the labour inspection services provide guidance to employers and workers on measures to achieve a safe and healthy work environment, including on the violations detected during inspections, the legal provisions concerned and methods to achieve compliance. The Committee also notes the Government’s reference to awareness-raising measures on labour legislation through mass media and modern information technology. The Committee takes note of this information.

Article 11(b). Functions to be progressively carried out by the competent authorities. Determination of work processes and of substance and agents, the exposure to which is to be controlled by the competent authority or authorities; health hazards due to the simultaneous exposure to several substances or agents. The Committee notes that similar to section 23 of the (now repealed) OSH Act, section 352 of the Labour Code prohibits the exposure of workers to hazardous substances, materials, products and goods, as well as the introduction of technologies at workplaces without prior examination and approval by the competent state bodies. Noting an absence of information in reply to its previous request, the Committee once again requests the Government to provide information about the protection of workers from health hazards due to the simultaneous exposure to several substances or agents.

Article 11(e). Annual publication of information on occupational accidents, occupational diseases and other injuries to health. The Committee notes the statistical information provided by the Government in its report concerning the number of occupational accidents, the number of persons charged with violations under the relevant legislation, the amount of compensation paid, as well as observed trends in the number of accidents between 2015 and the first quarter of 2016. The Committee also notes the analysis of the main industrial activities in which accidents happened and the causes of accidents. Taking note of this information, the Committee requests the Government to indicate the measures taken or envisaged to provide for the annual publication of information on measures taken in pursuance of the national OSH policy, and on occupational accidents, occupational diseases and other injuries to health.

Article 11(f). Systems to examine chemical, physical and biological agents in respect of the risk. The Committee notes that the Ministry of Industry and New Technology assesses compliance with laws and regulations on chemical and radiation safety and with laws and regulations concerning the implementation of health, safety and environment management systems at workplaces. The Committee requests the Government to provide information on whether it is intended to extend the system to examine chemical and physical agents to the examination of biological agents in respect of the risk to the health of workers.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Information on the correct installation and/or use of machinery, equipment and substances; information on hazards related to machinery, equipment and substances and instructions on how known hazards are to be avoided. Studies and research. The Committee notes the requirement in section 352(6) of the Labour Code to obtain certificates of conformity with OSH standards concerning machinery, equipment and substances. The Committee requests the Government to specify whether section 352(6) of the Labour Code applies to persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, and if so, to provide more specific information on the certification procedure (including the applicable standards and the responsible authority). Noting an absence of information in reply to its previous request, the Committee once again requests the Government to provide information on the measures taken to ensure that the persons referred to in Article 12 provide relevant information and instructions on how hazards are avoided, and undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with the obligations under Article 12(a) and (b).

Articles 13 and 19(f). Protection of workers who removed themselves from situations that they believe to present imminent and serious danger. The Committee notes that pursuant to section 335(4) of the Labour Code, workers may stop working, where they are not provided with the personal protective equipment to protect them from a danger to their life or health, and are entitled to continue to be paid wages. Moreover, pursuant to section 337 of the Labour Code, workers have the right to remove themselves if they believe that they are exposed to a danger threatening their life or health, on the condition that they cannot eliminate the danger through any means at their disposal.

Article 17. Obligation for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee notes that the 2016 Labour Code does not regulate the collaboration of two or more employers at one workplace. The Committee therefore once again requests the Government to provide information on procedures prescribed for collaboration between two or more employers undertaking activities simultaneously at one workplace.

Article 18. Measures to deal with emergencies and accidents, including first-aid arrangements. The Committee notes the Government’s indication, in reply to its previous request, that the Act on Industrial Safety at Hazardous Production Facilities (Act No. 2 of 12 February 2004) provides for requirements to ensure the safe operation of hazardous production facilities, aimed at preventing disasters and accidents at hazardous production facilities and ensuring that companies using hazardous production facilities are prepared to contain and address the effects of such disasters. Moreover, the Committee notes that section 340 of the Labour Code provides that employers are required to organize primary health-care services to attend to accidents or diseases at the workplace, and arrange for appropriate healthcare services. The Committee requests the Government to provide information on any measures taken or envisaged to require employers, besides hazardous production facilities, to provide measures to deal with emergencies.

Article 19(e). Inquiries by the workers or their representatives and involvement of technical advisers. The Committee previously requested the Government to indicate if workers or their representatives are entitled to inquire into all aspects of OSH associated with their work, as envisaged by the Convention, and if, to this end, technical advisers can be brought in from outside the undertaking by mutual agreement. In this respect, the Committee notes that section 345 of the Labour Code provides that workers have the right to apply to authorized public entities on labour and social protection or their local offices to inspect labour conditions and protection on workplace; and to participate personally or through their representative in inspection and investigation of the issues related to improvement of labour conditions and protection. The Committee also notes that pursuant to section 357 of the Labour Code, trade union inspectors may participate as independent experts in commissions concerning production facilities and tools. The Committee takes note of this information.

Article 20. Cooperation at the level of the undertaking. The Committee notes that section 356 of the Labour Code, just as the repealed OSH Act, foresees the possibility to establish labour protection (OSH) committees in undertakings, which are composed of an equal number of representatives of employers and trade unions (or other representative bodies authorized by workers). The Committee requests the Government to provide more detailed information on the implementation of section 356 of the Labour Code in practice.

B. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2, 4, 6, 7, 10 and 11. Sale, hire, transfer in any other manner and exhibition of machinery. Obligation concerning the guarding of machinery. Use by workers of machinery without guards. The Committee notes that section 352(6) of the Labour Code provides that machinery must meet the established protective requirements and require a certificate of compliance. Moreover, the Committee notes that section 138 of the Labour Code requires employers to ensure the proper operation of machinery, equipment and other facilities. The Committee also notes the Government’s reference to technical standard 12.2.062-81, which provides for preventive measures to protect workers from moving parts of machinery. In this context, the Committee notes that according to the information provided by the Government in its report under Convention No. 155, 28 per cent of all occupational accidents in 2015 were a result of the use of defective machinery, devices or equipment or the failure by workers to use individual safety gear. Referring to its request made under Article 12 of Convention No. 155, the Committee requests the Government to specify whether section 352(6) of the Labour Code provides for obligations of persons who sell, hire or transfer machinery for occupational use, and if so, to provide more specific information on the certification procedure (including the applicable standards and the responsible authority). The Committee requests the Government to provide information on how it is ensured that employers comply with their obligations to ensure the safe conditions of machinery, devices and equipment, so as to protect the safety and health of workers. Moreover, taking into account the statistics provided, the Committee requests the Government to provide up-to-date and detailed statistics on the accidents relating to the use of machinery, indicating the number, nature and cause of accidents.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4 of the Convention. Measures to be taken for the prevention and control of occupational hazards. Provisions for the practical implementation of these measures. The Committee notes that section 138 of the Labour Code provides that employers are required to provide for a safe and healthy working environment, including the elimination of hazards from noise, radiation, vibration and other factors negatively affecting human health. Moreover, section 348 provides that employers have to conduct workplace appraisals at least every five years and publish instructions on how to prevent relevant risks. The Committee also notes the Government’s reference to the “Rules on conducting workplace appraisals of working conditions” approved by Decision No. 429 of 3 July 2014. The Committee requests the Government to provide more detailed information on the measures to be taken by employers for the prevention and control of, and protection against, occupational hazards in the working environment due in particular to air pollution, noise and vibration.

Article 6(2). Collaboration between two or more employers. The Committee refers to its comment under Article 17 of Convention No. 155 above.

Article 8. Criteria and exposure limits, revision of criteria at regular intervals and recourse to technical expertise in relation thereto. The Committee notes an absence of information in response to the Committee’s previous request. The Committee therefore once again requests the Government to provide information on the following: (a) the criteria established for determining the hazards of exposure covered by the Convention and the exposure limits specified for these hazards; (b) the procedure by which the established criteria and limits are supplemented and revised in light of current national and international knowledge and data; and (c) which representative organizations have designated technically competent persons for the purpose of this Article.

Article 9. Prevention of air pollution, noise and vibration through design or installation of new plants or processes or existing plants or processes. The Committee notes that section 352 of the Labour Code, just as section 23 of the repealed OSH Act, provides that technological processes must meet the requirements of OSH regulations during the construction and reconstruction of production facilities, machinery, tools and other production equipment. The Committee further notes that section 138 of the Labour Code requires employers to provide for safe and suitable labour conditions, including the elimination of the consequences of hazardous noise, radiation, vibration and other factors negatively affecting human health. The Committee takes note of this information.

Article 12. Use of processes, substances, machinery and equipment to be notified to the competent authority and any prohibitions thereon prescribed by the competent authority. The Committee refers to its comment under Article 11(b) of Convention No. 155 above, on the requirement of certification by the competent state bodies concerning the exposure of workers to potentially hazardous substances, materials, products and technologies. The Committee requests the Government to specify whether the obligation to obtain certification involves a requirement to notify all working means involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration.

Article 13. Information and instructions on occupational hazards in the working environment. The Committee notes that section 19 of the Labour Code provides that employers are obliged to inform workers about hazardous working conditions, and that section 352 provides that employers are required to publish instructions on how to prevent risks as detected from workplace assessments. The Committee requests the Government to specify whether such risk assessments cover occupational hazards due to air pollution, noise and vibration.

Article 15. Competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. Noting that the Government has not provided a reply in this regard, the Committee once again requests the Government to provide information on the requirements for employers to appoint a competent person, or use a competent outside service or service common to several undertakings to deal with relevant risks.

C. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Articles 7, 11 and 14 of the Convention. Maintenance and cleanliness of premises and equipment. Arrangement of workplaces and layout of workstations. Sufficient and suitable seats. The Committee requests the Government to indicate whether there are any legal requirements for employers concerning the maintenance and cleanliness of premises and equipment (Article 7), the arrangement of workplaces and the layout of workstations (Article 11), as well as with regard to sufficient and suitable seats (Article 14).