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

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Tayikistán (Ratificación : 1993)

Article 3. Right of organizations to organize their activities and to formulate their programmes. The Committee had previously considered that requiring a decision by two thirds of those present at the meeting of workers or an appropriate workers’ representative body, as provided for in section 323(2) of the Labour Code, could unduly hinder the possibility of calling a strike and reiterated its request to amend this provision so as to lower the majority required for the calling of a strike. The Committee notes that the Government once again reiterates that, under the rules and regulations set out in trade union statutes, the quorum for considering the meetings of supreme organs of trade unions legitimate is at least two thirds of delegates. According to the Government, it is legally precarious to lower the majority required for the calling of a strike under section 323(2) of the Labour Code since such an amendment would contradict trade union statutes in this respect. The Committee recalls once again that requiring a decision by over half of workers involved in order to declare a strike is excessive and could unduly hinder the possibility of calling a strike, particularly in large enterprises. The Committee also recalls that if a country deems it appropriate to require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level. The Committee therefore reiterates its requestto the Governmentto amend section 323(2) of the Labour Code and to provide information on all measures taken or envisaged in this respect.

The Committee recalls that it had requested the Government to provide an exhaustive list of services where strikes are restricted or prohibited under the domestic legislation, notably under the Customs Code and the Civil Service Act. The Committee notes with regret that no such list has been provided by the Government and reiterates its request.

The Committee recalls that it had requested the Government to review its legislation with a view to ensuring that procedures such as conciliation, and eventually arbitration, existed and could be used by the workers whose right to strike is restricted or prohibited. The Committee notes the Government’s indication that it will be in a position to provide information on labour disputes settlement procedures in the next report, after studying the experience of foreign countries. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard and expects that the Government will take all necessary measures in consultation with the social partners to review its legislation to ensure that dispute settlement procedures are available to workers whose right to strike is restricted or prohibited. The Committee expects the Government to provide information on measures taken or envisaged to that end.