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

Forty-Hour Week Convention, 1935 (No. 47) - Tajikistan (Ratification: 1993)

Other comments on C047

Observation

2021

Direct Request

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Article 1 of the Convention. Forty-hour week. The Committee notes that section 78 of the 2016 Labour Code, which replicates section 71 of the 1997 Labour Code, foresees the averaging of hours of work over a reference period which may be as long as one year. Recalling that calculating hours of work as an average over a reference period of up to one year allows for too many exceptions to normal hours of work and can result in highly variable working hours over long periods, long working days and the absence of compensation (2018 General Survey on working time instruments, paragraph 68), the Committee requests the Government to review section 78 of the Labour Code in this regard. It also requests the Government to provide information on the usual length of the reference period determined in collective agreements and internal staff regulations, as well as concrete examples of the variations observed in the number of hours worked on a weekly basis over the corresponding reference period, in cases where averaging is applied.

Double employment. In previous comments, the Committee had requested the Government to provide specific information on any measures adopted or envisaged to limit the total working time of workers engaged in double employment. The Committee notes that according to section 74(2)(5) and 232 of the 2016 Labour Code, the length of the working day for the workers holding two or more jobs shall not exceed by more than four hours the regular working day of eight hours. The Committee also notes that this implies a working day limit of 12 hours for workers holding two or multiple jobs. Noting that section 67 of the Labour Code provides that the normal working week shall not exceed 40 hours, the Committee requests the Government to indicate whether the weekly limit of 40 hours also applies to multiple jobholders.