Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Turkmenistan (Ratification: 1997)

The Committee notes the information provided by the Government in its first two reports. In this respect, the Committee requests the Government to provide the following supplementary information to enable it to examine in more depth the application of the Convention.

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee requests the Government to indicate: (i) the persons protected by the legislation (trade union officials, members or both); (ii) the acts against which workers are protected when they are hired and during the employment relationship (dismissals, transfers, downgrading, etc.); (iii) possible recourse against such actions; (iv) the penalties foreseen; and (v) whether protection is granted throughout the duration of the employment relation, including at the end of this relationship.

Article 2. Protection against acts of interference. The Committee requests the Government to indicate the legal provisions specifically banning any acts of interference by workers’ and employers’ organizations against each other, acts that are specifically forbidden (establishment of organizations dominated by employers, financial support, etc.), possible recourse against such actions and the penalties foreseen.

Article 3. Supervisory machinery. The Committee requests the Government to provide information on the bodies entrusted with guaranteeing the application of provisions protecting workers against acts of anti-union discrimination.

Article 4. Promotion of collective bargaining. The Committee notes the information provided by the Government concerning collective bargaining, which may be bipartite or tripartite. Bargaining may be tripartite when a central government body or a local or autonomous authority also takes part in the bargaining process. The Committee recalls that, under Article 4 of the Convention, bargaining must be free and voluntary and the participation of a government body – when this is not the employer – runs counter to the principle of free and voluntary negotiation and the autonomy of the parties. The Committee requests the Government to take the necessary measures to ensure that the autonomy of the social partners is guaranteed during the collective bargaining process.

Article 5. Application of the Convention to the armed forces and the police. Noting the information provided by the Government, the Committee requests the Government to clarify whether the armed forces and police enjoy the right to organize and collective bargaining.

Article 6. Application of the Convention to public servants. The Committee understands that the same legislation concerning trade union rights applies to both the private sector and public servants. The Committee requests the Government to confirm its understanding.

Part V of the report form. Practical application. The Committee notes the Government’s indications that 4,549 collective agreements have been signed since 1 January 2012, which represents a 10 per cent increase over 2011 (including 152 sectoral agreements, accounting for 11 per cent more than in 2011). The Committee requests the Government to continue providing information concerning the number of collective agreements concluded and the number of workers covered.