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

Home Work Convention, 1996 (No. 177) - Tajikistan (Ratification: 2012)

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

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.