Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) - Tajikistan (Ratification: 1993)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on night work of young persons, the Committee considers it appropriate to examine Conventions Nos 79 and 90 together.

Articles 1 and 6(1)(a) of Convention No. 79. Scope of application and labour inspectorate. The Committee notes the Government’s indication in its report that between 2022 and the first quarter of 2023, the State Supervisory Service for Labour, Migration and Employment did not detect any cases of night work carried out by children in non-industrial occupations, the informal economy or in self-employment. The Committee requests the Government to continue to provide information on any violations related to night work by children detected by the State Supervisory Service in non-industrial occupations, the informal economy and in self-employment.

Article 6(1)(b) of Convention No. 79 and Article 6(1)(e) of Convention No. 90. Keeping of registers. The Committee notes that as per section 52(3) of the Labour Code, the employer is obliged to keep workbooks for all employees who have worked for more than five days. The Government’s Decree of 12 April 1999, No. 154, regulates the procedure for maintaining workbooks of employees, which shall contain the information on the employee’s name, date of birth, education, and profession (section 4).

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of the Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 79 and 90 in a single comment.

Articles 1 and 6(1)(a) of Convention No. 79. Scope of application and labour inspectorate. The Committee previously recalled that the Convention applies to all children and young people employed for wages, or working directly or indirectly for gain, in non-industrial occupations. It noted the Government’s indication that the prohibition of night work by young persons under the age of 18 years as contained in section 181 of the Labour Code applies to all categories of workers, irrespective of their occupation in the formal or informal economy. The Government further stated that the State Supervisory Service for Labour, Migration and Employment which is responsible for monitoring compliance with labour laws, including the employment of children in the formal and informal economy and children in self-employment, carried out regular inspections and fact-finding missions on the prohibition on using child labour for night work. In this regard, the Committee noted the Government’s indication that no cases of children working at night in industrial undertakings were identified. However, the Committee noted the absence of information in the Government’s report on the detection of cases of children working at night in non-industrial undertakings. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the number of violations related to night work by children detected by the State Supervisory Service in non-industrial occupations, the informal economy and in self-employment.

Article 6(1)(b) of Convention No. 79 and Article 6(1)(e) of Convention No. 90. Keeping of registers. In its previous comments, the Committee noted that according to section 32 of the Labour Code, a copy of the labour contract which contains details of the employment, such as working hours and conditions of employment (section 30) shall be kept by the employer. It also provides that birth certificates and educational background certificates shall be provided by workers under the age of 16 years before the start of their employment. The Committee recalled that Article 6(1)(b) of Convention No. 79 and Article 6(1)(e) of Convention No. 90 require that every employer keep available official records showing the names, dates of birth and hours of work of all persons under the age of 18 years employed by him or her. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the measures adopted or envisaged to require employers to keep registers of all persons under 18 whom they employ, in conformity with Articles 6(1)(b) and 6(1)(e) of Conventions No 79 and No. 90 respectively.

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

Articles 1 and 6(1)(a) of the Convention. Scope of application and labour inspectorate. The Committee noted that according to section 1 of the Labour Code, the Code applies only to persons bound by a labour contract. The Committee recalled that the Convention applies to all children and young people employed for wages, or working directly or indirectly for gain, in non-industrial occupations. It therefore requested the Government to indicate the measures adopted or envisaged to ensure that self-employed children and children working in non-industrial occupations without a contract of employment benefit from the protection afforded by the Convention.

The Committee notes the Government’s statement in its report that the prohibition of night work by young persons under the age of 18 years as contained in section 181 of the Labour Code applies to all categories of workers, irrespective of their occupation in the formal or informal economy. The Government further states that the State Supervisory Service for Labour, Migration and Employment which is responsible for monitoring compliance with labour laws, including the employment of children in formal and informal economy and children in self-employment, carries out regular inspections and fact-finding missions on the prohibition on using child labour for night work. In this regard, it notes the Government’s indication that no cases of children working at night in industrial undertakings have been identified. However, the Committee notes the absence of information in the Government’s report on the detection of cases of children working at night in non-industrial undertakings. The Committee requests the Government to provide information on the number of violations related to night work by children detected by the State Supervisory Service in non-industrial occupations, the informal economy and children in self- employment.

Article 6(1)(b). Keeping of registers. Following its previous comments, the Committee notes that according to section 32 of the Labour Code, a copy of the labour contract which contains details of the employment, such as working hours and conditions of employment (section 30) shall be kept by the employer. Moreover, birth certificates and educational background certificates shall be provided by workers under the age of 16 years before the start of their employment. The Committee recalls that Article 6(1)(b) of the Convention requires every employer to keep available official records showing the names, dates of birth and hours of work of all persons under the age of 18 years employed by him or her. The Committee therefore requests the Government to indicate the measures adopted or envisaged to require employers to keep registers of all persons under 18 whom they employ, in conformity with Article 6(1)(b) of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1 of the Convention. Scope of application. The Committee noted that according to section 1 of the Labour Code, the Code applies only to persons bound by a labour contract. The Committee recalled that the Convention applies to all children and young people employed for wages, or working directly or indirectly for gain, in non-industrial occupations. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure that self-employed children and children working in non-industrial occupations without a contract of employment benefit from the protection afforded by the Convention.

Article 6(1)(a). Labour inspection. The Committee noted the Government’s information that according to Order No. 596 of 30 December 2001, a State Labour Inspectorate was set up under the Ministry of Labour and Social Protection to enforce the legislation concerning labour and working conditions. It also noted that according to section 252 of the Labour Code, the labour inspectors are entitled to fine employers who violate the provisions of the labour laws. The Committee noted the Government’s indication that in 2004, state labour inspectors carried out inspections and investigations in 762 undertakings. The Committee requests the Government to provide information on the number of violations related to night work by children detected by the state labour inspectorate.

Article 6(1)(b). Registers. The Committee noted the absence of information in the Government’s report on this point. The Committee requests the Government to indicate the provisions which require the employers to keep a registry showing the names, date of birth and hours of work of workers under 18 years of age.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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:

Repetition

Article 1 of the Convention. Scope of application. The Committee noted that according to section 1 of the Labour Code, the Code applies only to persons bound by a labour contract. The Committee recalled that the Convention applies to all children and young people employed for wages, or working directly or indirectly for gain, in non-industrial occupations. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure that self-employed children and children working in non-industrial occupations without a contract of employment benefit from the protection afforded by the Convention.

Article 6(1)(a). Labour inspection. The Committee noted the Government’s information that according to Order No. 596 of 30 December 2001, a State Labour Inspectorate was set up under the Ministry of Labour and Social Protection to enforce the legislation concerning labour and working conditions. It also noted that according to section 252 of the Labour Code, the labour inspectors are entitled to fine employers who violate the provisions of the labour laws. The Committee noted the Government’s indication that in 2004, state labour inspectors carried out inspections and investigations in 762 undertakings. The Committee requests the Government to provide information on the number of violations related to night work by children detected by the state labour inspectorate.

Article 6(1)(b). Registers. The Committee noted the absence of information in the Government’s report on this point. The Committee requests the Government to indicate the provisions which require the employers to keep a registry showing the names, date of birth and hours of work of workers under 18 years of age.

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

The Committee notes 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:

Repetition

Article 1 of the Convention. Scope of application. The Committee notes that according to section 1 of the Labour Code, the Code applies only to persons bound by a labour contract. The Committee recalls that the Convention applies to all children and young people employed for wages, or working directly or indirectly for gain, in non-industrial occupations. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure that self-employed children and children working in non-industrial occupations without a contract of employment benefit from the protection afforded by the Convention.

Article 6(1)(a). Labour inspection. The Committee notes the Government’s information that according to Order No. 596 of 30 December 2001, a State Labour Inspectorate was set up under the Ministry of Labour and Social Protection to enforce the legislation concerning labour and working conditions. It also notes that according to section 252 of the Labour Code, the labour inspectors are entitled to fine employers who violate the provisions of the labour laws. The Committee notes the Government’s indication that in 2004, state labour inspectors carried out inspections and investigations in 762 undertakings. The Committee requests the Government to provide information on the number of violations related to night work by children detected by the state labour inspectorate.

Article 6(1)(b). Registers. The Committee notes the absence of information in the Government’s report on this point. The Committee requests the Government to indicate the provisions which require the employers to keep a registry showing the names, date of birth and hours of work of workers under 18 years of age.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report.

Article 1 of the Convention. Scope of application. The Committee notes that according to section 1 of the Labour Code, the Code applies only to persons bound by a labour contract. The Committee recalls that the Convention applies to all children and young people employed for wages, or working directly or indirectly for gain, in non-industrial occupations. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure that self-employed children and children working in non-industrial occupations without a contract of employment benefit from the protection afforded by the Convention.

Articles 2, paragraph 1; and 3, paragraph 1. Period during which night work is prohibited. The Committee notes that under the terms of section 181 of the Labour Code, children under the age of 18 years are prohibited from working at night. It notes the Government’s information that night work is considered to be between 10 p.m. and 6 a.m. The Committee further notes section 178 of the Labour Code, which provides for reduced working hours of 24 hours per week for children aged between 14 and 15 years, and 35 hours per week for those aged between 15 and 18 years. Furthermore, the working time for children who work and study, shall not exceed half the maximum working time as prescribed above. Taking into account the reduced working hours for children and young people, the Committee observes that children between 14–15 years of age who work are entitled to a daily rest time of about 19 hours, if the standard working time is five days a week, or 20 hours if the standard working time is six days a week. Similarly children between 15–18 years of age are entitled to a daily rest time of 17 hours, if the standard working time is five days a week, or 18 hours, if the standard working time is six days a week.

Article 5. Granting of individual licenses. The Committee notes the Government’s information that there is no provision in the national legislation which provides for the issuance of licenses for the employment of children and young people to work at night.

Article 6, paragraph 1(a). Labour inspection. The Committee notes the Government’s information that according to Order No. 596 of 30 December 2001, a State Labour Inspectorate was set up under the Ministry of Labour and Social Protection to enforce the legislation concerning labour and working conditions. It also notes that according to section 252 of the Labour Code, the labour inspectors are entitled to fine employers who violate the provisions of the labour laws. The Committee notes the Government’s indication that in 2004, state labour inspectors carried out inspections and investigations in 762 undertakings. The Committee requests the Government to provide information on the number of violations related to night work by children detected by the state labour inspectorate.

Article 6, paragraph 1(b). Registers. The Committee notes the absence of information in the Government’s report on this point. The Committee requests the Government to indicate the provisions which require the employers to keep a registry showing the names, date of birth and hours of work of workers under 18 years of age.