Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - 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)

The Committee notes the Government’s report. With regard to Article 6(1)(e) of the Convention the Committee requests the Government to refer to the comments made under Article 6(1)(b) of Convention No. 79.

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

The Committee noted the Government’s report. It requests the Government to refer to the comments made under Convention No. 79.

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

The Committee noted the Government’s report. It requests the Government to refer to the comments made under Convention No. 79.

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

The Committee notes the Government’s report. It requests the Government to refer to the comments made under Convention No. 79.

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

The Committee notes the Government’s report. It requests the Government to refer to the comments made under Convention No. 79.