Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - Tayikistán (Ratificación : 1993)

Article 4. Right to collective bargaining. The Committee had previously requested the Government to review the legislation so as to clearly establish that it is only in the event where there are no trade unions at the workplace that an authorization to bargain collectively could be conferred to other workers’ representatives. The Committee notes the Government’s indication that: (i) in the absence of a primary trade union organization, workers are involved in social partnership through their representative body, which is elected at the general meeting of workers and functions based on local regulatory acts at the workplace; (ii) private conversations with workers have revealed that these representative bodies are governed by the agents of employers, such as heads of Human Resources departments or lawyers, and that such representative bodies are not subject to registration; and (iii) it commits itself to develop a methodological instruction for representative bodies of workers in order to address this situation. While taking note of these elements,the Committee observes with regret the absence of information regarding the review of the domestic legislation (notably sections 1, 290, 291, 301, 306 and 307 of the Labour Code) in order to clearly establish that it is only in the absence of trade unions at the workplace that an authorization to bargain collectively could be conferred to other workers’ representatives and reiterates its previous request. The Committee further reminds the Government of the possibility to avail itself of ILO technical assistance in this respect.