Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, alleging inadequate protection of workers in cases of anti-union dismissals. The Committee requests the Government to provide its comments in this regard.

Article 3 of the Convention. Procedures and sanctions against anti-union discrimination and interference. The Committee had noted that, pursuant to sections 404 and 405 of the Labour Code, the Cabinet of Ministers had entrusted the Ministry of Labour and Social Protection of the Population, as a specifically authorized state body, to guarantee the application of all normative acts containing labour provisions, and that with regard to trade union discrimination or violation of other trade union rights, there had been no complaints or representation since the creation of this body in 2011. The Committee notes the information provided by the Government that up until now, there have been still no complaints or representation regarding trade union discrimination or other violations of trade union rights. The Government adds that the judicial authorities have likewise not taken any decisions concerning the application of the Convention. Recalling that the absence of complaints alleging acts of anti-union discrimination and interference does not mean that there are no violations of the Convention in practice, the Committee requests the Government to: (i) take specific measures to raise the awareness of workers concerning their trade union rights, including the right to be protected against anti-union discrimination; and (ii) continue to provide information on the use of sections 304 and 306 of the Code of Administrative Offences to sanction violations of the rights protected under Articles 1 and 2 of the Convention and on potential obstacles to the implementation of these legislative provisions.

Article 4. Promotion of Collective Bargaining. The Committee had requested the Government to consider amending sections 335, 340(2), 341(1), 345 and 346 of the Labour Code so as to provide clearly and explicitly that it is only in the event where there is no trade union at the workplace that an authorization to bargain collectively can be conferred to other representatives. The Committee notes the Government’s indication that section 335 of the Labour Code was amended in line with its previous comments. While welcoming the Government’s efforts in amending section 335 of the Labour Code, the Committee invites the Government to consider amending sections 340(2), 341(1), 345 and 346 of this Code in the same manner so as to ensure greater conformity with the Convention by indicating clearly and explicitly that the election of other workers’ representatives for the purpose of collective bargaining is only permitted in the absence of a trade union at the workplace. It requests the Government to provide information on the measures taken or envisaged in this regard.

The Committee notes the information provided by the Government on the number of collective agreements concluded as of 1 May 2022, indicating that 115 agreements were concluded at the sectoral and territorial levels, and 2,682 agreements at the enterprise levels. The Committee requests the Government to continue to providing information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.