Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Employment Policy Convention, 1964 (No. 122) - Turkmenistan (Ratification: 2021)

Articles 1 and 2 of the Convention. Formulation and implementation of an active employment policy. Employment trends. The Government indicates that the Labour Code, adopted in 2008, guarantees the central labour rights for citizens, including the right to work and the prohibition of discrimination in labour relations. The Government points out that, in 2016, the Mejlis (Parliament) of Turkmenistan adopted the Employment Act, which established the main directions of state policy in this area. The Government states that, following this Act, the State guarantees every citizen, at her/his discretion, free choice of profession, occupation and place of work, healthy and safe working conditions, and equal rights and opportunities in obtaining a profession, job and remuneration commensurate with the quantity and quality of work, and labour promotion. The Government explains that the Ministry of Labour and Social Protection implements, among other policies, a unified state employment policy, adopts regulatory legal acts in the area of employment, is responsible for the overall management of the employment service and coordination of employment activities, promotes employer involvement in designing and implementing state employment policy, monitors compliance with employment legislation, and performs other functions in the area of employment as assigned to it by law. The Government adds that the priority actions for employment are included in the national development strategy and other development plans, such as the Presidential Programme for the Socio-Economic Development of Turkmenistan for 2019–25, adopted in July 2018; the Programme, Revival of a New Era of a Powerful State: National Programme for the Socio-Economic Development of Turkmenistan for 2022–52, adopted in February 2022; and the Presidential Programme for the Socio-Economic Development of Turkmenistan for 2022–28, adopted in July 2022. The Government further indicates that to ensure the labour rights, freedoms and guarantees of citizens, including those in need of social support, Turkmenistan has adopted programmes and action plans approved by presidential resolutions, such as: (i) the Programme for the Improvement of Employment and Job Creation in Turkmenistan for 2015–20, and an Action Plan for the implementation of this programme; (ii) measures to ensure the right to work and employment of persons with disabilities; and (iii) measures addressed to youth employment issues.

The Committee observes that, over the last decade, it has continuously been stressing serious problems in the application of the Abolition of Forced Labour Convention, 1957 (No. 105), which have resulted in repeated discussions by the Committee on the Application of Standards of the International Labour Conference (Conference Committee). Most recently in 2024, the Conference Committee noted with concern the allegations of the widespread use of forced labour in relation to the annual state-sponsored cotton harvest in Turkmenistan and urged the Government to take a series of measures while welcoming its stated commitment to continuing to cooperate with the ILO in its efforts to apply Convention No. 105. While the Committee refers to its comments on the application of Convention No. 105 regarding follow-up on the above issues, it wishes to state that, in addition to violating human rights, forced labour undermines, and is indeed antithetical to, the core objectives of employment policy as envisaged by the present Convention. It directly contradicts the foundational principle that employment should be freely chosen, as stipulated in Article 1(3) of the Convention. The Committee further notes that, in its concluding observations of 12 April 2023, the UN Human Rights Committee (HRC), also expressed concerns about the widespread use of the forced labour of civil servants during the cotton harvest under threat of penalties such as the loss of wages or salary cuts and the termination of employment as well as other sanctions (document CCPR/C/TKM/CO/3, paragraphs 32 and 33). The Committee therefore requests the Government to provide comprehensive information on measures taken or envisaged to achieve the Convention’s objective of an active policy designed to promote full, productive and freely chosen employment, as well as on the impact of such measures.In particular, the Government is requested: (i) to supply information on the measures taken to tackle informality in the labour market, (ii) to strengthen social dialogue in the development of effective employment policies, including improving the capacity of labour market institutions, (iii) to indicate measures aimed at diversifying the economy with a view to creating more stable and varied employment opportunities.It further requests the Government to provide updated detailed information, including statistical data disaggregated by sex and age on trends in urban and rural areas and in the different regions, on employment, unemployment and visible underemployment, as well as to provide information on other measures taken or envisaged to promote job creation and inclusive growth.

Employment services. The Committee notes that the employment service is a structural subdivision of the Cabinet of Ministers and the Ministry of Labour and Social Protection, and its main purpose is to influence the labour market to achieve and maintain employment for the able-bodied population. The Committee recalls that a strong employment service is a central piece of employment policies and strategies and requests the Government to provide statistical information on the manner in which the employment service contributes to the implementation of the employment policy, including indicating the number of beneficiaries of employment services and the type of benefits granted.

Small and medium-sized enterprises. The Government indicates that following the national programmes adopted, measures are being implemented to develop all sectors of the country’s economy, including small and medium-sized enterprises, and favourable conditions are being created for agricultural producers. Referring to the importance of job creation in small and medium enterprises, the Committee requests the Government to provide detailed and updated information on any measure taken or envisaged to support micro, small and medium-sized enterprises and to promote the creation of sustainable employment by these enterprises. The Government’s attention is drawn to the provisions of Recommendation on Job Creation in Small and Medium Sized Enterprises, 1998 (No.189) and the related practical implementation guide.

Employment of women. The Government indicates that particular attention is being paid to involving girls and women in vocational training. The Committee notes that, in its concluding observations of 20 February 2024, the UN Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern: (i) women’s vertical and horizontal segregation in the labour market, women’s concentration in low-paid jobs in the informal economy and the barriers faced by women in accessing decision-making positions in the public and private sectors; (ii) that many women are unemployed or underemployed due to women’s disproportionate burden of unpaid care and domestic work and their limited opportunities for reconciling professional and family life; (iii) the reports of widespread use of the forced labour of civil servants during the cotton harvest (mainly women) under threat of penalties such as the loss of wages or salary cuts and the termination of employment, as well as other sanctions; (iv) the absence of paid paternity leave; and (v) the absence of legislation to ensure the principle of equal pay for work of equal value (document CEDAW/C/TKM/CO/6, paragraphs 41 and 42). The Committee requests the Government to provide updated detailed information on the impact of the measures adopted or envisaged in order to guarantee the observance of fundamental principles and rights at work in the framework of its pursuit of an active policy designed to promote full, productive and freely chosen employment for women and avoid any gender discrimination.

Employment of young persons. The Government indicates that it has adopted several state programmes to create new jobs, vocational training, retrain personnel, and stimulate entrepreneurial activity for young people. The Committee notes the adoption of the following measures: the creation of the Interdepartmental Commission for the Employment of the Country’s Young Professionals in 2017, the adoption of a presidential resolution to improve the employment system for young professionals in 2018, and the adoption of the Programme for Adaptation of Young People to the Labour Market and Improvement of Their Employment. The Committee observes that, in spite of the efforts made, Turkmenistan continues to struggle with high youth unemployment rates and requests the Government to provide updated information on the implementation of the state programs in practice, including statistical data disaggregated by sex and age, on the impact of the programmes implemented, in particular in terms of reduction of unemployment rates and of the sustainable labour integration of young persons. The Committee also requests the Government to indicate the measures taken to promote the educational participation and attainment of young women.

Persons with disabilities. The Committee notes that, in its concluding observations of 31 October 2018, the UN Committee on Economic, Social and Cultural Rights (CESCR) expressed concerns that persons with disabilities face discrimination in employment, both in the public and private sectors, and that the employment rate among persons with disabilities is very low, despite the measures taken to stimulate their employment (document E/C.12/TKM/CO/2, paragraphs 18 and 19). The Government indicates in its report that it has acceded to the UN Convention on the Rights of Persons with Disabilities and is working consistently to implement its provisions. The Government also states that to implement the Social Protection Code and the Employment Act on the employment of citizens in special need of social support, the Minister of Labour and Social Protection adopted in January 2016 the regulations on the procedure for establishing employers’ quotas for employment of citizens in particular need of welfare protection. The Government adds that, in October 2016, it approved an action plan to ensure full realisation of labour and employment rights of persons with disabilities for 2017–20, successfully completed in early 2021. The Committee requests the Government to continue to provide detailed and updated information on the scope and the nature of the measures adopted to promote the access of persons with disabilities to quality education and job opportunities in the labour market. It also requests the Government to provide information on the impact of such measures, including statistical information on the total number of participants, disaggregated by age, sex, region and type of disability.

Article 3. Consultation with the social partners and representatives of affected persons. The Government refers to the special section on social partnership in the field of labour included in the Labour Code (Section XV of the Code). The Government indicates that the social partners shall be a state body authorised by the Cabinet of Ministers and represented by the Ministry of Labour and Social Protection, the National Trade Union Centre of Turkmenistan, which is the representative organisation of workers, and the Union of Industrialists and Entrepreneurs of Turkmenistan, which is the representative organisation of employers. The Government further indicates that the social partners prepare proposals for amendments and additions to existing legislative and other legal acts, in their role as participants in the working groups of the Mejlis of Turkmenistan on the development of draft legislative and other regulatory legal instruments in the field of social and labour and related relations. The Government expresses that an example of the cooperation referred to above is the fact that at the regular session of the Mejlis on 20 October 2018, the Act on the Tripartite Commission for the Regulation of Social and Labour Relations was adopted, which defines the legal basis for the formation and activities of the Tripartite Commission for the Regulation of Social and Labour Relations. The Government also refers to the goals and objectives contained in the Regulations of the Standing Commission, approved by Order of the Minister of Labour and Social Protection No. 106 of 19 August 2019. The Government further states that, following the Presidential Resolution on the Appointment of the Coordinator of the Party Representing the State Body in the Implementation of the Activities of the Tripartite Commission for the Regulation of Social and Labour Relations, adopted in May 2019, the coordinator of the party representing the state body has been designated as the Ministry of Labour and Social Protection. The Committee notes that the Commission meets at least twice a year to discuss the most pressing issues in the field of labour, employment and social protection, and that from 2019 to 2022, eight Commission meetings were held to discuss labour-related matters. The Committee requests the Government to continue to provide updated information on consultations held with the social partners and representatives of affected persons - including women, persons with disabilities, young persons, and agricultural workers in rural areas and remote communities - concerning the development and implementation of employment policy and active labour market measures, including measures in favour of groups in vulnerable situations.