Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Protection of Wages Convention, 1949 (No. 95) - Tajikistan (Ratification: 1993)

The Committee notes the information supplied by the Government in its report. It requests the Government to continue to indicate any change in the legislation which gives effect to the provisions of the Convention. Furthermore, the Committee requests the Government to supply more detailed information on the following points.

Articles 1 and 2 of the Convention. The Committee requests the Government to indicate the definition of "wages" in the national legislation which protects payment of wages. It also requests it to supply information on special measures, if any, concerning protection of wages for specific categories of workers.

Article 6. The Committee requests the Government to indicate the measures taken in order to prohibit employers from limiting the freedom of the worker to dispose of his or her wages.

Article 7. The Committee requests the Government to indicate if in practice there exist works stores or services established by the employer and, if there are any, to provide information on the measures taken to apply the provisions of this Article.

Article 10. The Committee requests the Government to indicate the conditions and limits prescribed by the national legislation for wages to be attached or assigned.

Article 11. The Committee requests the Government to indicate the measures taken to ensure that in the event of the bankruptcy or judicial liquidation of an undertaking, workers shall be treated as privileged creditors in regard to their wages in accordance with this Article.

Article 15(c). The Committee requests the Government to provide information on the penalties prescribed for any violation of the legislative provisions giving effect to this Convention.

Finally, the Committee notes the Government's statement that during the period in question (to the end of June 1994), there have been certain difficulties in applying the Convention because of late payment of wages in several branches amounting at times to several months. It notes that the Government considers that this situation is explained by the political climate of the country and the present economic problems and that it is taking measures to overcome these difficulties, in particular, measures to improve the general economic situation and for Tajikistan to become a member of the rouble area. The Committee recalls that regular payment of wages is one of the principles laid down in this Convention (Article 12), and requests the Government to continue to supply information on this matter.