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

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

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.

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

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 2 and 3 of the Convention. National policy on home work. The Committee notes the Government’s brief first report, which indicates that the term “homeworker” is defined in the 2013 “Instructions for regulating labour activity and providing social guarantees for homeworkers working for individual natural persons on the basis of an employment agreement (contract)”, which were approved by the Federation of Independent Trade Unions of Tajikistan, the Taxation Committee of the Republic of Tajikistan and the Ministry of Labour and Social Protection. The Government adds that the concept of “homeworker” is also defined in the new draft Labour Code, which is currently being considered by the Majlisi namoyandagon (House of Representatives) of the Majlisi Oli (Supreme Council) of the Republic of Tajikistan. The Government indicates that the text of the amended Labour Code would be communicated to the Office as soon as it is approved.The Committee requests the Government to provide further information on the definition of homeworker in the 2013 Instructions. The Committee also requests the Government to provide the text of the amended Labour Code, as soon as it is adopted, specifying the provisions of the Labour Code that give effect to the provisions of the Convention. It further requests the Government to provide information on the steps taken to develop, adopt, implement and periodically review a national policy on homework, which aims to improve the situation of homeworkers, and to communicate the text of the policy upon its adoption, as well as to indicate the consultations held with the social partners and organizations representing homeworkers and employers of homeworkers in relation to the national policy.

Article 4. Equality of treatment. The Government indicates that homeworkers enjoy all the guarantees provided under the Labour Code, the Law on State Social Security and other statutory provisions governing the social protection of such workers.The Committee requests the Government 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. The Committee requests the Government to make every effort to collect and communicate, to the extent possible, specific data on homework, 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.

Article 8. Use of intermediaries. The Committee notes the Government’s indication that private agency service providers may act as a placement agency for employers and workers in relation to home work. The Government adds, however, that the specific responsibilities of placement agencies with respect to home work are not prescribed by legislation. The Committee recalls that their responsibilities may be determined by legislation, regulations or by court decisions.The Committee accordingly requests 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 requests the Government to provide information on the application of the Convention in practice, 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. The Government is further requested to provide information on the measures taken to apply Article 7, as well as the types of work and substances prohibited in home work.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 2 and 3 of the Convention. National policy on home work. The Committee notes the Government’s brief first report, which indicates that the term “homeworker” is defined in the 2013 “Instructions for regulating labour activity and providing social guarantees for homeworkers working for individual natural persons on the basis of an employment agreement (contract)”, which were approved by the Federation of Independent Trade Unions of Tajikistan, the Taxation Committee of the Republic of Tajikistan and the Ministry of Labour and Social Protection. The Government adds that the concept of “homeworker” is also defined in the new draft Labour Code, which is currently being considered by the Majlisi namoyandagon (House of Representatives) of the Majlisi Oli (Supreme Council) of the Republic of Tajikistan. The Government indicates that the text of the amended Labour Code would be communicated to the Office as soon as it is approved. The Committee requests the Government to provide further information on the definition of homeworker in the 2013 Instructions. The Committee also requests the Government to provide the text of the amended Labour Code, as soon as it is adopted, specifying the provisions of the Labour Code that give effect to the provisions of the Convention. It further requests the Government to provide information on the steps taken to develop, adopt, implement and periodically review a national policy on home work, which aims to improve the situation of homeworkers, and to communicate the text of the policy upon its adoption, as well as to indicate the consultations held with the social partners and organizations representing homeworkers and employers of homeworkers in relation to the national policy.

Article 4. Equality of treatment. The Government indicates that homeworkers enjoy all the guarantees provided under the Labour Code, the Law on State Social Security and other statutory provisions governing the social protection of such workers. The Committee requests the Government 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. The Committee requests the Government to make every effort to collect and communicate, to the extent possible, specific data on home work, 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.

Article 8. Use of intermediaries. The Committee notes the Government’s indication that private agency service providers may act as a placement agency for employers and workers in relation to home work. The Government adds, however, that the specific responsibilities of placement agencies with respect to home work are not prescribed by legislation. The Committee recalls that their responsibilities may be determined by legislation, regulations or by court decisions. The Committee accordingly requests 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 requests the Government to provide information on the application of the Convention in practice, 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. The Government is further requested to provide information on the measures taken to apply Article 7, as well as the types of work and substances prohibited in home work.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes that the Government’s report contains no reply to its previous comments. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 2 and 3 of the Convention. National policy on home work. The Committee notes the Government’s brief first report, which indicates that the term “homeworker” is defined in the 2013 “Instructions for regulating labour activity and providing social guarantees for homeworkers working for individual natural persons on the basis of an employment agreement (contract)”, which were approved by the Federation of Independent Trade Unions of Tajikistan, the Taxation Committee of the Republic of Tajikistan and the Ministry of Labour and Social Protection. The Government adds that the concept of “homeworker” is also defined in the new draft Labour Code, which is currently being considered by the Majlisi namoyandagon (House of Representatives) of the Majlisi Oli (Supreme Council) of the Republic of Tajikistan. The Government indicates that the text of the amended Labour Code would be communicated to the Office as soon as it is approved. The Committee requests the Government to provide further information on the definition of homeworker in the 2013 Instructions. The Committee also requests the Government to provide the text of the amended Labour Code, as soon as it is adopted, specifying the provisions of the Labour Code that give effect to the provisions of the Convention. It further requests the Government to provide information on the steps taken to develop, adopt, implement and periodically review a national policy on home work, which aims to improve the situation of homeworkers, and to communicate the text of the policy upon its adoption, as well as to indicate the consultations held with the social partners and organizations representing homeworkers and employers of homeworkers in relation to the national policy.

Article 4. Equality of treatment. The Government indicates that homeworkers enjoy all the guarantees provided under the Labour Code, the Law on State Social Security and other statutory provisions governing the social protection of such workers. The Committee requests the Government 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. The Committee requests the Government to make every effort to collect and communicate, to the extent possible, specific data on home work, 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.

Article 8. Use of intermediaries. The Committee notes the Government’s indication that private agency service providers may act as a placement agency for employers and workers in relation to home work. The Government adds, however, that the specific responsibilities of placement agencies with respect to home work are not prescribed by legislation. The Committee recalls that their responsibilities may be determined by legislation, regulations or by court decisions. The Committee accordingly requests 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 requests the Government to provide information on the application of the Convention in practice, 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. The Government is further requested to provide information on the measures taken to apply Article 7, as well as the types of work and substances prohibited in home work.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 2 and 3 of the Convention. National policy on home work. The Committee notes the Government’s brief first report, which indicates that the term “homeworker” is defined in the 2013 “Instructions for regulating labour activity and providing social guarantees for homeworkers working for individual natural persons on the basis of an employment agreement (contract)”, which were approved by the Federation of Independent Trade Unions of Tajikistan, the Taxation Committee of the Republic of Tajikistan and the Ministry of Labour and Social Protection. The Government adds that the concept of “homeworker” is also defined in the new draft Labour Code, which is currently being considered by the Majlisi namoyandagon (House of Representatives) of the Majlisi Oli (Supreme Council) of the Republic of Tajikistan. The Government indicates that the text of the amended Labour Code would be communicated to the Office as soon as it is approved. The Committee requests the Government to provide further information on the definition of homeworker in the 2013 Instructions. The Committee also requests the Government to provide the text of the amended Labour Code, as soon as it is adopted, specifying the provisions of the Labour Code that give effect to the provisions of the Convention. It further requests the Government to provide information on the steps taken to develop, adopt, implement and periodically review a national policy on home work, which aims to improve the situation of homeworkers, and to communicate the text of the policy upon its adoption, as well as to indicate the consultations held with the social partners and organizations representing homeworkers and employers of homeworkers in relation to the national policy.

Article 4. Equality of treatment. The Government indicates that homeworkers enjoy all the guarantees provided under the Labour Code, the Law on State Social Security and other statutory provisions governing the social protection of such workers. The Committee requests the Government 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. The Committee requests the Government to make every effort to collect and communicate, to the extent possible, specific data on home work, 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.

Article 8. Use of intermediaries. The Committee notes the Government’s indication that private agency service providers may act as a placement agency for employers and workers in relation to home work. The Government adds, however, that the specific responsibilities of placement agencies with respect to home work are not prescribed by legislation. The Committee recalls that their responsibilities may be determined by legislation, regulations or by court decisions. The Committee accordingly requests 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 requests the Government to provide information on the application of the Convention in practice, 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. The Government is further requested to provide information on the measures taken to apply Article 7, as well as the types of work and substances prohibited in home work.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Articles 1, 2 and 3 of the Convention. National policy on home work. The Committee notes the Government’s brief first report, which indicates that the term “homeworker” is defined in the 2013 “Instructions for regulating labour activity and providing social guarantees for homeworkers working for individual natural persons on the basis of an employment agreement (contract)”, which were approved by the Federation of Independent Trade Unions of Tajikistan, the Taxation Committee of the Republic of Tajikistan and the Ministry of Labour and Social Protection. The Government adds that the concept of “homeworker” is also defined in the new draft Labour Code, which is currently being considered by the Majlisi namoyandagon (House of Representatives) of the Majlisi Oli (Supreme Council) of the Republic of Tajikistan. The Government indicates that the text of the amended Labour Code would be communicated to the Office as soon as it is approved. The Committee requests the Government to provide further information on the definition of homeworker in the 2013 Instructions. The Committee also requests the Government to provide the text of the amended Labour Code, as soon as it is adopted, specifying the provisions of the Labour Code that give effect to the provisions of the Convention. It further requests the Government to provide information on the steps taken to develop, adopt, implement and periodically review a national policy on home work, which aims to improve the situation of homeworkers, and to communicate the text of the policy upon its adoption, as well as to indicate the consultations held with the social partners and organizations representing homeworkers and employers of homeworkers in relation to the national policy.

Article 4. Equality of treatment. The Government indicates that homeworkers enjoy all the guarantees provided under the Labour Code, the Law on State Social Security and other statutory provisions governing the social protection of such workers. The Committee requests the Government 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. The Committee requests the Government to make every effort to collect and communicate, to the extent possible, specific data on home work, 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.

Article 8. Use of intermediaries. The Committee notes the Government’s indication that private agency service providers may act as a placement agency for employers and workers in relation to home work. The Government adds, however, that the specific responsibilities of placement agencies with respect to home work are not prescribed by legislation. The Committee recalls that their responsibilities may be determined by legislation, regulations or by court decisions. The Committee accordingly requests 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 requests the Government to provide information on the application of the Convention in practice, 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. The Government is further requested to provide information on the measures taken to apply Article 7, as well as the types of work and substances prohibited in home work.

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

Articles 1, 2 and 3 of the Convention. National policy on home work. The Committee notes the Government’s brief first report, which indicates that the term “homeworker” is defined in the 2013 “Instructions for regulating labour activity and providing social guarantees for homeworkers working for individual natural persons on the basis of an employment agreement (contract)”, which were approved by the Federation of Independent Trade Unions of Tajikistan, the Taxation Committee of the Republic of Tajikistan and the Ministry of Labour and Social Protection. The Government adds that the concept of “homeworker” is also defined in the new draft Labour Code, which is currently being considered by the Majlisi namoyandagon (House of Representatives) of the Majlisi Oli (Supreme Council) of the Republic of Tajikistan. The Government indicates that the text of the amended Labour Code would be communicated to the Office as soon as it is approved. The Committee requests the Government to provide further information on the definition of homeworker in the 2013 Instructions. The Committee also requests the Government to provide the text of the amended Labour Code, as soon as it is adopted, specifying the provisions of the Labour Code that give effect to the provisions of the Convention. It further requests the Government to provide information on the steps taken to develop, adopt, implement and periodically review a national policy on home work, which aims to improve the situation of homeworkers, and to communicate the text of the policy upon its adoption, as well as to indicate the consultations held with the social partners and organizations representing homeworkers and employers of homeworkers in relation to the national policy.

Article 4. Equality of treatment. The Government indicates that homeworkers enjoy all the guarantees provided under the Labour Code, the Law on State Social Security and other statutory provisions governing the social protection of such workers. The Committee requests the Government 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. The Committee requests the Government to make every effort to collect and communicate, to the extent possible, specific data on home work, 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.

Article 8. Use of intermediaries. The Committee notes the Government’s indication that private agency service providers may act as a placement agency for employers and workers in relation to home work. The Government adds, however, that the specific responsibilities of placement agencies with respect to home work are not prescribed by legislation. The Committee recalls that their responsibilities may be determined by legislation, regulations or by court decisions. The Committee accordingly requests 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 requests the Government to provide information on the application of the Convention in practice, 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. The Government is further requested to provide information on the measures taken to apply Article 7, as well as the types of work and substances prohibited in home work.