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

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

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:

The Committee notes the adoption of the new Labour Code of 15 May 1997 (Text No. 417) and the Civil Service Act of 13 November 1998 (Text No. 677). It requests the Government to supply more detailed information on the following points.

Article 1 of the Convention. Further to its previous comment, the Committee notes that the new Labour Code contains no general definition of the term "wages" similar to that given in article 27 of the Civil Service Act, which provides that wages of state officials include the basic salary, pay supplements (for instance, allowances for length of service or scientific qualifications), and bonuses based on performance. It recalls that the Convention refers to wages as covering all remuneration or earnings, however designated or calculated, including any allowances or benefits payable to the worker by virtue of a written or unwritten contract of employment. The Committee requests the Government to specify how the term "wages" is construed in national legislation and also to indicate any relevant legislative provisions.

Article 3. The Committee notes that the national labour legislation contains no specific provision requiring wages to be paid only in legal tender and also prohibiting the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender. The Committee asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 4. The Committee notes that, under section 101 of the Labour Code, a part of the wage to be agreed upon between the parties may be paid in the form of allowances in kind, but no specific conditions are prescribed for such payment. It therefore requests the Government to indicate the measures taken or envisaged to ensure that: (i) partial payment in kind is only authorized in those industries or occupations in which such payment is customary or desirable; (ii) wage payment in the form of alcoholic drinks or noxious drugs is not permitted in any circumstances; (iii) allowances in kind are appropriate for the personal use and benefit of the worker and his/her family; and (iv) the value attributed to such allowances is fair and reasonable. Moreover, the Committee recalls that according to the terms of the Convention, the conditions and extent of payment in kind should be prescribed by national laws or regulations, collective agreements or arbitration awards and not by individual agreement. The Committee hopes that the Government will take the necessary measures to bring the national legislation into closer conformity with the requirements of the Convention in this respect.

Article 5. The Committee requests the Government to indicate the measures taken or contemplated to ensure that wages are paid directly to the worker concerned.

Article 6. Recalling that this Article requires an appropriate legislative provision specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages, the Committee again asks the Government to indicate the measures taken or contemplated to give effect to the Convention in this regard.

Article 7. Further to its previous comment, the Committee again requests the Government to indicate whether works stores or services exist in practice, and if so, to specify what measures have been taken to ensure that: (i) workers are free from coercion to use them; (ii) the goods are sold and services provided at fair prices; and (iii) the system is not operated for profit but for the benefit of the workers concerned.

Article 8. The Committee notes that section 109 of the Labour Code allows for deductions from wages to be made with the written consent of the employee. The Committee is bound to recall, however, that under this Article of the Convention, the types and extent of permissible deductions should be prescribed by national laws or regulations or fixed by collective agreements or arbitration awards and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted with the worker’s written consent.

Article 9. The Committee recalls that the Convention requires in this regard a provision explicitly prohibiting any deduction from wages with a view to ensure a direct or indirect payment made by a worker to an employer for the purpose of obtaining or retaining employment. It asks the Government to indicate the measures taken to give effect to this provision.

Article 10. Further to its previous comment, the Committee again requests the Government to provide information on the conditions and limits prescribed by national legislation for the attachment or assignment of wages.

Article 13. The Committee requests the Government to indicate the measures taken to ensure that: (i) wages are paid at or near the workplace; and (ii) payment is not carried out in taverns and other similar establishments, or in retail stores and places of amusement.

Article 14(b). The Committee requests the Government to indicate the measures taken or envisaged to ensure that workers are informed at the time of each payment of wages of the particulars of their wages for the pay period concerned.

Article 15(c) and (d). The Committee asks the Government to supply information on the penalties prescribed for any violation of the legislative provisions giving effect to the Convention and also to specify the laws or regulations providing for the maintenance of adequate records in accordance with this Article.

Part V of the report form. The Committee asks the Government to supply detailed information on the practical application of the Convention, including, for example, extracts of official reports or statistical information on inspection visits. It also asks the Government to keep it informed of the evolution of the situation with respect to wage arrears and of any concrete measures taken for the application in practice of Article 12(1) of the Convention concerning the regular payment of wages.