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

Home Work Convention, 1996 (No. 177) - Tajikistan (Ratification: 2012)

Articles 1, 2 and 3 of the Convention. National policy on home work. The Committee notes that Chapters 22 and 23 of the Labour Code, Law No. 1329 of 23 July 2016, respectively regulate labour of home workers and labour of distance workers. Concerning Chapter 22 on labour of home workers, the Committee notes that section 253 (Homeworker’s working conditions) provides in paragraph 1 that “Home-based work may be performed only if it is not harmful to the worker’s health, and it meets occupational health and safety requirements” while paragraph 2 list the conditions that must be included in contracts that regulate work at home. In turn, section 254 (Working hours and rest periods, conditions for ensuring the occupational health and safety of homeworkers) provides that the following aspects shall be regulated in the employment contract: working hours and rest periods, specifics of the employer’s monitoring of the employee’s compliance with the working time regime, conditions to ensure occupational health and safety and observance of these conditions for employees working at home. Concerning Chapter 23 on labour of distance workers, the Committee notes that section 255 (Remote work) provides that remote work is a special form of work process implementation outside the employer’s premises, using information and communication technologies in the course of work. In turn, section 256 (Working conditions of employees engaged in remote working), provides as a rule that the employer shall provide the employee with the means of communication and shall bear the cost of their installation and maintenance. The Government indicates that the term “homeworker” is used in: (i) the Act of the Republic of Tajikistan on State Social Insurance; (ii) in the Tax Code of the Republic of Tajikistan; (iii) the Government Resolution No. 159 of 3 April 2012 on Approval of Types of Domestic Work of Employees (Homeworkers) Working for Certain Individuals on the Basis of an Employment Contract (Agreement); (iv) the Instruction of 2013 on the Regularization of Work and the Provision of Social Guarantees for Homeworkers Employed by Individuals on the Basis of an Employment Contract (Agreement); (v) in the Order of the Minister of Labour, Migration and Employment No. 81 of 18 September 2019; (vi) on the Recommendation for the regulation of domestic workers, and (vii) the Recommendation for the regulation of home-based workers. The Committee requests the Government to provide copies of the mentioned legislation and documents. It further requests the Government to provide information on how the above provisions related to home work are implemented and periodically reviewed as part of the national policy on home work, as well as to indicate the consultations held with the social partners and organizations representing homeworkers and employers of homeworkers in these respects.

Article 4. Equality of treatment. The Government indicates that under section 7 of the Labour Code, homeworkers are subject to general occupational safety standards, meaning that all provisions of the law apply without exception. The Government adds that the Order of the Ministry of Labour, Migration and Employment No. 81 of 18 September 2019 approved the Recommendation for the regulation of domestic workers and the Recommendation for the regulation of home-based workers. The Committee notes that the information provided by the Government only refers to equality of treatment in relation to occupational safety standards. The Committee requests the Government to provide a copy of the mentioned regulations and reiterates its request to provide information on the manner in which equality of treatment is promoted between homeworkers and other workers in relation to the eight areas provided for in Article 4(2).

Article 6. Statistics. The Government indicates that there are no official statistics on home work and self-employment work. The Committee notes that the Ministry of Labour, Migration and Employment, together with social partners, is currently drafting regulations on the procedure for registering self-employed persons and home-based workers. The Committee recalls that the Convention applies to home workers unless they dispose of the degree of autonomy and economic independence necessary to be considered as independent workers under national laws, regulations or court decisions. The Committee requests the Government to make every effort to collect and communicate, to the greatest possible extent, specific data on home work as defined by the Convention, disaggregated by sex, where possible. In this regard, it also requests the Government to provide information on any measures taken or envisaged to collect such statistics, including the steps taken to adopt the procedure for registering home-based workers in which the Government is working together with social partners.

Article 8. Use of intermediaries. Noting that the Government’s report is silent on this point, the Committee refers to its previous requests and reiterates its request to the Government to provide information on any measures taken or envisaged to establish the respective responsibilities of employers and agencies with respect to the matters covered by the Convention.

Application of the Convention in practice. The Committee reiterates its requests to the Government to provide information on the application of the Convention in practice, among other things, by providing extracts from inspection reports, as well as information regarding the number and nature of infringements reported and the remedies provided in case of violation of the relevant legislation and regulations.