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Weekly Rest (Industry) Convention, 1921 (No. 14) - Tajikistan (RATIFICATION: 1993)

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 and 106 (weekly rest) and 52 (annual holidays with pay) together.
Article 2 of Convention No. 14 and Articles 6 and 10 of Convention No. 106. Weekly rest entitlement. Compliance. The Committee notes that the Government indicates, in its report, that in certain companies funded with foreign capital and in transnational corporations, workers can spend years without taking rest, and sometimes have to work without any days off. The Committee also notes that, according to its section 9, the Labour Code also applies to employees of organizations located in the country, whose property owners, participants or shareholders are foreign individuals and legal entities. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that in practice as well as in law, all workers, regardless of the nationality of the entity they work for, effectively enjoy an uninterrupted weekly rest period comprising not less than 24 hours in the course of each period of seven days, as required under the Conventions. The Committee also requests the Government to indicate the sanctions applied in the identified cases of non-compliance with weekly rest obligations by foreign-owned companies.
Article 8 of Convention No. 106. Temporary exemptions. In previous comments, the Committee had requested the Government to provide information concerning the circumstances in which temporary exemptions may be granted in accordance with the provisions of Article 8. The Committee notes that section 87(2) of the Labour Code provides for a list of exceptions that are in conformity with those foreseen by Article 8(1) of the Convention. The Committee also notes that section 87(2) also provides that work during weekends is allowed in other cases envisaged by the Tajik legislation and organizations’ internal regulations. The Committee requests the Government to indicate the other cases in which, according to section 87(2) of the Labour Code, the Tajik legislation and the organizations’ internal regulations foresee work during weekends.
Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106. Temporary exemptions. Compensatory periods of rest. In previous comments, the Committee had noted that section 82 of the 1997 Labour Code providing that compensation for work performed on a weekly rest day may take the form of an alternative day off or cash payment depending on the worker’s preference, was not in conformity with Articles 5 and 8(3) of the Conventions. The Committee notes that section 88 of the 2016 Labour Code replicates section 82 of the 1997 Labour Code. Recalling that a compensatory rest of at least 24 consecutive hours is compulsory and not optional, regardless of any financial compensation, the Committee requests the Government to indicate if, in case of exceptional work during weekends, a period of at least 24 hours of effective weekly rest is granted to workers, as foreseen under Articles 5 and 8(3) of Conventions Nos 14 and 106, respectively.
Article 7 of Convention No. 14. Notices and rosters. In its previous comments, the Committee had requested the Government to take measures in order to ensure full compliance with Article 7(a) of the Convention. The Committee notes that, according to section 24 of the 2016 Labour Code, the information related to weekly rest is included in labour contracts and/or in collective agreements.
Article 2(1) of Convention No. 52. Minimum duration of annual holiday with pay. In a previous comment, the Committee had noted with satisfaction that the Act No. 26 of 17 May 2004 amending the 1997 Labour Code had introduced a new section 94(1)(3) providing that, in the event of the postponement of annual holiday to the following year, workers shall benefit from at least 10 days’ holiday during the year in which they were due to take their entire holiday. The Committee notes that section 108(2) of the 2016 Labour Code allows, in exceptional cases, when offering full annual leave to workers at a particular year can have a negative impact on the smooth operation of the organization or the individual entrepreneur, the transfer of annual leave fully or partially to the following year with the employee’s consent. The Committee also notes that no provision in the 2016 Labour Code seems to guarantee that, in the event of postponement of annual holiday to the following year, workers benefit from at least six days of holidays during the year, as foreseen by this Article of the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that all workers, in any event, effectively enjoy at least six days of paid holidays per year.
Article 8. Sanctions. In previous comments, the Committee had requested the Government to indicate the legal provisions establishing sanctions in the event of the failure to comply with the provisions of the Labour Code concerning the annual holiday with pay. The Committee notes that the Government indicates that, in performing public oversight of labour matters, the trade unions’ rights and labour inspectors look at annual leave issues and issue dozens of orders concerning leave payment. The Government also indicates that, in the private sector, some workers have not been benefitting from annual leave for years. The Committee further notes that section 357(2) of the Labour Code provides that inspectors and authorized individuals on labour protection from trade unions and other employee representatives have the right to, inter alia, issue orders to employers on the elimination of revealed violations of labour protection requirements compulsory for implementation, and apply to relevant authorities to bring to justice the entities that violated the labour protection requirements and hid job-related accidents and make them responsible for these violations. The Committee requests the Government to indicate the sanctions applied in the reported cases of foreign enterprises having failed to comply with the provisions of the Labour Code concerning annual holidays with pay.

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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
Article 5 of the Convention. Compensatory periods of rest. The Committee previously noted that under section 82 of the Labour Code of 15 May 1997 (Text No. 417), work performed on a weekly rest day may be compensated by means of either an alternative day off or cash payment at a higher rate. It emphasized that the Government had to take measures, as far as possible, for granting compensatory periods of rest for any suspension or diminution of the period of weekly rest regardless of any cash compensation. The Committee notes that the Government did not provide information in this regard. The Committee is bound to draw the Government’s attention to the fact that Article 5 of the Convention only provides for a compensatory period of rest, whereas it is not foreseen that a worker could claim financial compensation instead. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to Article 5 of the Convention.
Article 7. Notices and rosters. The Committee previously requested the Government to specify any legal provision giving effect to the requirement, under Article 7 of the Convention, to post notices or draw up rosters in order to keep workers informed of the weekly rest scheme applicable to them. The Committee, while taking note of the Government’s indication that section 80 of the Labour Code provides for organizations where there is a need for continuous work to set days off by agreement with the local government authorities, also notes that the text of this section does not require the posting of notices in cases where the weekly rest is given to the whole of the staff collectively as required under Article 7(a) of the Convention. The Committee requests the Government to take measures in order to ensure full compliance with Article 7(a) of the Convention.

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Article 5 of the Convention. Compensatory periods of rest. The Committee previously noted that under section 82 of the Labour Code of 15 May 1997 (Text No. 417), work performed on a weekly rest day may be compensated by means of either an alternative day off or cash payment at a higher rate. It emphasized that the Government had to take measures, as far as possible, for granting compensatory periods of rest for any suspension or diminution of the period of weekly rest regardless of any cash compensation. The Committee notes that the Government did not provide information in this regard. The Committee is bound to draw the Government’s attention to the fact that Article 5 of the Convention only provides for a compensatory period of rest, whereas it is not foreseen that a worker could claim financial compensation instead. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to Article 5 of the Convention.
Article 7. Notices and rosters. The Committee previously requested the Government to specify any legal provision giving effect to the requirement, under Article 7 of the Convention, to post notices or draw up rosters in order to keep workers informed of the weekly rest scheme applicable to them. The Committee, while taking note of the Government’s indication that section 80 of the Labour Code provides for organizations where there is a need for continuous work to set days off by agreement with the local government authorities, also notes that the text of this section does not require the posting of notices in cases where the weekly rest is given to the whole of the staff collectively as required under Article 7(a) of the Convention. The Committee requests the Government to take measures in order to ensure full compliance with Article 7(a) of the Convention.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Repetition
Article 5 of the Convention. Compensatory periods of rest. The Committee notes that under section 82 of the Labour Code of 15 May 1997 (Text No. 417), work performed on a weekly rest day may be compensated by means of either an alternative day off or cash payment at a higher rate. The Committee wishes to emphasize in this respect that provision must be made, as far as possible, for compensatory periods of rest for any suspension or diminution of the period of weekly rest regardless of any cash compensation.
Article 7. Notices and rosters. The Committee notes the Government’s reference to section 65 of the Labour Code, which provides that all working-time arrangements, such as daily and weekly limits on hours of work, shift schedules, daily breaks and weekly rest periods, are established through internal rules, local legal acts or agreement between the employers and the workers concerned. Recalling that this Article of the Convention requires the posting of notices, or the drawing up of rosters, in order to keep the workers informed of the weekly rest scheme applicable to them, the Committee requests the Government to specify any legal provision(s) giving effect to this requirement of the Convention.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 5 of the Convention. Compensatory periods of rest. The Committee notes that under section 82 of the Labour Code of 15 May 1997 (Text No. 417), work performed on a weekly rest day may be compensated by means of either an alternative day off or cash payment at a higher rate. The Committee wishes to emphasize in this respect that provision must be made, as far as possible, for compensatory periods of rest for any suspension or diminution of the period of weekly rest regardless of any cash compensation.
Article 7. Notices and rosters. The Committee notes the Government’s reference to section 65 of the Labour Code, which provides that all working-time arrangements, such as daily and weekly limits on hours of work, shift schedules, daily breaks and weekly rest periods, are established through internal rules, local legal acts or agreement between the employers and the workers concerned. Recalling that this Article of the Convention requires the posting of notices, or the drawing up of rosters, in order to keep the workers informed of the weekly rest scheme applicable to them, the Committee requests the Government to specify any legal provision(s) giving effect to this requirement of the Convention.

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Article 5 of the Convention. Compensatory periods of rest. The Committee notes that under section 82 of the Labour Code of 15 May 1997 (Text No. 417), work performed on a weekly rest day may be compensated by means of either an alternative day off or cash payment at a higher rate. The Committee wishes to emphasize in this respect that provision must be made, as far as possible, for compensatory periods of rest for any suspension or diminution of the period of weekly rest regardless of any cash compensation.

Article 7. Notices and rosters. The Committee notes the Government’s reference to section 65 of the Labour Code, which provides that all working-time arrangements, such as daily and weekly limits on hours of work, shift schedules, daily breaks and weekly rest periods, are established through internal rules, local legal acts or agreement between the employers and the workers concerned. Recalling that this Article of the Convention requires the posting of notices, or the drawing up of rosters, in order to keep the workers informed of the weekly rest scheme applicable to them, the Committee requests the Government to specify any legal provision(s) giving effect to this requirement of the Convention.

Part V of the report form. Application in practice. The Government is requested to provide general information on the application of the Convention in practice, including for instance statistics on the number of workers covered by the relevant legislation, extracts from reports of the labour inspection services showing the number of irregularities observed in the field of weekly rest and sanctions imposed, copies of collective agreements including clauses on weekly rest, etc.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee requests the Government to indicate in its next report which legal provisions give effect to Article 7 of the Convention and to supply models of the requisite notices and rosters. It also requests it to provide the information required under Parts III, IV and V of the report form, with respect to the application of the Convention. Finally, the Committee requests the Government to indicate, in conformity with Part VI of the report form, to which representative organizations of employers and workers copies of the report on the application of the Convention are transmitted, and to specify, where appropriate, whether these organizations have made any comments thereon.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee requests the Government to indicate in its next report which legal provisions give effect to Article 7 of the Convention and to supply models of the requisite notices and rosters. It also requests it to provide the information required under Parts III, IV and V of the report form, with respect to the application of the Convention. Finally, the Committee requests the Government to indicate, in conformity with Part VI of the report form, to which representative organizations of employers and workers copies of the report on the application of the Convention are transmitted, and to specify, where appropriate, whether these organizations have made any comments thereon.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the Government’s first report on the application of the Convention. It requests to indicate in its next report which legal provisions give effect to Article 7 of the Convention and to supply models of the requisite notices and rosters. It also requests it to provide the information required under Parts III, IV and V of the report form, with respect to the application of the Convention. Finally, the Committee requests the Government to indicate, in conformity with Part VI of the report form, to which representative organizations of employers and workers copies of the report on the application of the Convention are transmitted, and to specify, where appropriate, whether these organizations have made any comments thereon.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the Government’s first report on the application of the Convention. It requests to indicate in its next report which legal provisions give effect to Article 7 of the Convention and to supply models of the requisite notices and rosters. It also requests it to provide the information required under Parts III, IV and V of the report form, with respect to the application of the Convention. Finally, the Committee requests the Government to indicate, in conformity with Part VI of the report form, to which representative organizations of employers and workers copies of the report on the application of the Convention are transmitted, and to specify, where appropriate, whether these organizations have made any comments thereon.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the Government’s first report on the application of the Convention. It requests to indicate in its next report which legal provisions give effect to Article 7 of the Convention and to supply models of the requisite notices and rosters. It also requests it to provide the information required under Parts III, IV and V of the report form, with respect to the application of the Convention. Finally, the Committee requests the Government to indicate, in conformity with Part VI of the report form, to which representative organizations of employers and workers copies of the report on the application of the Convention are transmitted, and to specify, where appropriate, whether these organizations have made any comments thereon.

CMNT_TITLE

The Committee notes with interest the Government's first report on the application of the Convention. It requests it to indicate in its next report which legal provisions give effect to Article 7 of the Convention and to supply models of the requisite notices and rosters. It also requests it to provide the information required under Parts III, IV and V of the report form, with respect to the application of the Convention. Finally, the Committee requests the Government to indicate, in conformity with Part VI of the report form, to which representative organizations of employers and workers copies of the report on the application of the Convention are transmitted, and to specify, where appropriate, whether these organizations have returned any comments thereon.

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