CMNT_TITLE

Labour Inspection Convention, 1947 (No. 81) - Tajikistan (RATIFICATION: 2009)

Other comments on C081

Observation

2023
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Direct Request

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The Committee notes that, following the conclusions of the Conference Committee on the Application of Standards adopted in June 2021, an ILO Technical Advisory Mission (TAM) was undertaken to Dushanbe from 15–21 May 2022 in order to assess technical assistance needs and identify ways forward to meet the country’s international obligations under Convention No. 81.

Articles 3, 4, 5(b), 17 and 18 of the Convention. Operation of the labour inspection system under the supervision and control of a central authority. Duality of inspection functions assumed by state and trade union labour inspectors. Following its previous comment, the Committee notes the Government’s indication in its report that the Council for the Coordination of the Activities of Inspection Bodies suspended its meetings due to a number of reasons, including the COVID-19 pandemic and that technical assistance from the Office would be welcome in strengthening the work of the Council. The Committee notes that, in the context of the ILO TAM, the State Inspection Service for Labour Migration and Employment (SILME) pointed to the cooperation with trade union inspectors, including through attendance at one another’s meetings, and trade union notifications of industrial accidents and complaints received. The representatives of the Federation of Independent Trade Unions of Tajikistan informed the ILO TAM that they did not see a contradiction between their mandate and the one of the SILME and that, while trade union inspectors could not impose sanctions, they could pursue enforcement through other means, such as appeals to courts. Recalling that labour inspection is a public function that should be performed by public officials, the Committee requests the Government to: (i) provide information on the manner in which the trade union inspectorate operates in a way that complements the activities of the SILME, including examples of how the trade union inspectorate coordinates its activities with those of the SILME; and (ii) provide information on the manner in which the activities of the SILME are supervised and controlled, including on the setting and review of priorities by the Council for the Coordination of the Activities of Inspection Bodies once its activities are resumed, and the role of the Prosecutor General’s Office.

Articles 6, 10 and 11. Status and conditions of service of labour inspectors. Number of labour inspectors and material means at their disposal. Following its previous comment, the Committee notes that, in the context of the ILO Technical Advisory Mission, the Federation of Independent Trade Unions of Tajikistan indicated that, since 2015, the trade union inspectorate has been funded through each trade union’s own budget, while positive trends were seen in the number of inspectors. Noting the absence of information on the matter,the Committee once again requests the Government to indicate how the independence of SILME inspectors is ensured in practice, in particular with regard to the requirement established in section 37(1) of Law No. 1269 on Inspections of Economic Entities, which provides that the performance of an inspection body official should be assessed based on criteria including feedback from the inspected economic entities. In addition, the Committee once again requests the Government to provide further information on the material means at the disposal of trade union labour inspectorate in practice.

Articles 12 and 16. Powers of labour inspectors. Moratorium on inspections. The Committee previously noted that the moratorium on inspection in the area of manufacturing had expired on 1 January 2021. The Committee notes with deepconcern that a moratorium on all types of inspections of the activities of business entities has been reintroduced by Presidential Decree of 16 March 2022, with a general scope of application to all sectors and without limit of time. In the context of the ILO TAM, the Deputy Minister of Labour emphasizes that labour inspectors could still conduct inspections under the moratorium: (i) where there are signs of non-compliance in private entities; and (ii) in public entities. In this respect, the Committee recalls its general observation of 2019 on the labour inspection Conventions, expressing concern at reforms that substantially undermine the inherent functioning of labour inspection systems, including moratoria on labour inspections, and urging governments to remove these restrictions, with a view to achieving conformity with Convention No. 81. Recalling that any moratorium placed on labour inspection is a serious violation of the Convention, the Committee urges the Government to take all necessary measures to ensure that the current moratorium is lifted and that no other restrictions of this nature are placed on labour inspection in the future. It also requests the Government to provide information on developments in this regard, and to provide information on the number of inspection visits undertaken by the SILME, disaggregated by type of inspections and by sectors, including specifically inspections in private entities where there are no signs of non-compliance.

Other restrictions on the powers of labour inspectors. Following its previous comment, the Committee notes with deepconcern that the restrictions imposed by the Law No. 1269 on inspections of economic entities, including with regard to: (i) frequency of inspections (section 22); (ii) duration of inspections (section 26); (iii) the ability of labour inspectors to undertake inspection visits without previous notice (sections 16, 19, 21 and 24); and (iv) the scope of inspections (section 25), are still in force after the 2023 amendment. It also notes that the Government does not provide any further information regarding the due diligence checklist for inspections compiled by SILME specialists. With reference to its General Observation of 2019 on the labour inspection Conventions,the Committee once again urges the Government to pursue its efforts and continue to take all necessary measures to bring its national legislation into full conformity with Articles 12 and 16 of the Convention. It requests the Government to provide information on the measures taken and the developments in this regard, and to communicate a copy of the due diligence checklist established by the SILME for inspections. In addition, the Committee once again requests that the Government provide statistics regarding the number of inspection visits undertaken by labour inspectors of the SILME without previous notice, as compared to inspection visits undertaken with prior notice, and similar statistics regarding inspections undertaken with and without previous notice by trade union labour inspectors. The Committee also requests detailed information on the number and nature of violations detected with respect to each category of inspection by each set of inspectors.

Articles 17 and 18. Powers of labour inspectors to ensure the effective application of legal provisions concerning conditions of work and the protection of workers. In response to its previous comments on the application of labour inspectors’ right to institute legal proceedings, the Committee notes the statistics provided by the Government regarding violations detected and the measures taken by labour inspectors during the reporting period. The Committee also notes the Government’s reference to section 22(7) of Law No. 1269 which provides that sanctions on an economic entity in the first two years of its activity may only be applied in exceptional cases, if the activity of the entity in question, in accordance with the legislation of the Republic of Tajikistan, cannot be secured by other means, and only if it is necessary and unavoidable to prevent harm to the life and health of the public or the environment, when such harm poses a serious threat. The Committee requests the Government to take the necessary measures, including lifting the restriction imposed by section 22(7) of Law No. 1269, to ensure that persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning and that adequate penalties are imposed. It also requests the Government to clarify if trade union labour inspectors have the power to initiate prompt legal proceedings without previous warning.

Lastly, the Committee notes the request of technical assistance formulated by the Government with regard to the strengthening of the Council for the Coordination of the Activities of Inspection Bodies. The Committee hopes that this technical assistance will be provided in the near future and that it will cover the functioning of the Council as well as all other issues raised in the Committee’s comment.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2024.]