Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Labour Inspection Convention, 1947 (No. 81) - Tajikistan (Ratification: 2009)

Application of the provisions of the Convention in law and practice. The Committee recalls that in its comment published in 2013, it noted that the Government’s first report did not contain information on the provisions of the Convention in law and practice. The Committee reminded the Government that in order to enable the Committee to assess the situation of the national labour inspection system and to provide useful recommendations for the progressive application of the requirements of the Convention, full information should be provided on each of the provisions of the Convention and in response to each of the questions set out in the report form. While the Committee notes that the Government has since provided some information in relation to the specific questions raised by the Committee, it also notes that the Government still has not provided the detailed information on the application of each of the Articles of the Convention in law and practice as required by the report form. The Committee once again requests that the Government make every effort to supply in its next report the detailed information required by each part of the report form for the Convention.

In addition, the Government is requested to provide information on the following specific points.

Article 3 of the Convention. Other functions entrusted to labour inspectors. The Committee previously noted that under the terms of Governmental Decree No. 104 of 3 March 2007 on the State Labour Inspectorate (SLI), state labour inspectors are entrusted with checking on internal (voluntary) and ecological migration, among other tasks. In this regard, the Committee notes that the Government has not provided the requested clarification with regard to the term “internal (voluntary) and ecological migration”. However, it also notes the Government’s indication in its report that no checks in this regard were carried out during the reporting period. The Committee once again requests that the Government define the meaning of the term “control of internal (voluntary) and ecological migration” and, where applicable, provide information on any activities carried out in this regard (including the number of infringements detected, legal provisions concerned and sanctions imposed).

Articles 3, 4, 5(b), 6, 8, 10, 13, 17 and 18. Operation of the labour inspection system under the supervision and control of a central authority and duality of inspection functions assumed by state and trade union labour inspectors in this system. The Committee previously noted that section 225 of the Labour Code and section 27 of Occupational Safety and Health (OSH) Act No. 517 of 2009 provide that labour inspection tasks can be discharged not only by governmental bodies but also by trade unions. The Committee requested a description on the structure and functioning of the labour inspection system in its entirety.

In this regard, the Committee notes from the information provided by the Government that responsibility for labour inspection falls within the State Inspection Service for Labour, Migration and Employment (SILME) of the Ministry of Labour, Migration and Employment. The Government indicates that, in view of the small number of the staff working at the SILME, the Federation of Independent Trade Unions of Tajikistan (i.e. the 20 trade union committees with 36 trade union inspectors operating under the Federation) exercises inspectorate functions. The Government reports that trade union inspectors have the right to verify employers’ compliance with labour legislation and make proposals which officials are obliged to consider to eliminate the violations detected. The Government further indicates that trade union inspectors work in close cooperation with the SILME. From 2013 to June 2015, trade union inspectors carried out 3,757 inspections, 276 of which were jointly carried out with the SILME. The Committee finally notes that the Government considers that technical assistance would be useful to achieve improvements in the organization of the labour inspection system. Recalling that enforcement functions should be the exclusive responsibility of the labour inspection services, the Committee requests that the Government provide more detailed information on the powers and functions of trade union labour inspectors.

The Committee also requests that the Government provide more detailed information on the manner in which the central SILME maintains supervision and control over the labour inspection system in its entirety (including the manner in which the SILME supervises the activities of trade union inspectors, the reporting requirements of the trade union committees to the SILME, and the decisions taken with regard to the proposals made by trade union inspectors to eliminate violations detected, etc.), and specify the conditions and modalities under which it collaborates with the labour inspection bodies under the authority of the trade unions (delegation of powers, modalities of joint inspection visits, exchange of information, etc.).

In addition, the Committee requests that the Government continue to provide up-to-date information on the number of both state labour inspectors and trade union labour inspectors. Noting that the Government has not provided information in this regard, the Committee also once again requests it to specify the status and conditions of service of labour inspectors serving in the SILME, in relation to the conditions applicable to similar categories of public servants and trade union inspectors (stability of employment, wages and allowances, etc.).

The Committee reminds the Government that it may avail itself of ILO technical assistance concerning the organization of the labour inspection system, and requests it to provide information on any efforts undertaken in this respect.

Articles 20 and 21 (read in conjunction with Article 5(a)). Obligation to publish and communicate an annual report on the work of the labour inspectorate and the value of establishing a register of workplaces in this regard. The Committee notes that the Government has once again not communicated an annual report on the activities of the labour inspection services, despite the Government’s announcement in its report that an annual labour inspection report would be published by the end of 2015, in accordance with Articles 20 and 21. The Committee also notes that no information was provided by the Government on any steps taken in this regard, such as the establishment or improvement of a register of workplaces liable to inspection. The Committee therefore requests that the Government take the necessary measures to ensure that the central labour inspection authority publishes and transmits to the Office an annual report on the work of the inspection services, in accordance with Articles 20 and 21 of the Convention, as well as on the efforts made to establish or, where appropriate, to improve a register of workplaces liable to inspection, including inter-institutional cooperation between the labour inspection services and other government bodies and public or private institutions (tax services, social security bodies, technical supervisory services, local administrations, the judicial authorities, occupational organizations, etc.) in possession of relevant data (Article 5(a) of the Convention).