Individual Case (CAS) - Discussion: 2021, Publication: 109th ILC session (2021)

Written information provided by the Government

Information on the relationship between the State Inspection Service for Labour, Migration and Employment (SILME) and the trade union inspectorate

The Labour Code, the Trade Unions Act, and the Regulations on the Trade Unions Labour Inspectorate, approved by an executive committee resolution of the Council of the Federation of Independent Trade Unions, set out the rights and obligations of trade union labour inspectors.

Article 22 of the Act entitles the trade unions and their associations to exercise oversight of compliance with the national legislation and to make unimpeded visits to a public or private enterprise where trade union members are working, in order to conduct checks on compliance with the national labour legislation by employers and company officials (Version No. 1673 of 2 January 2020). In accordance with article 357 of the Labour Code, the Federation of Independent Trade Unions has established its own inspectorate, which controls and supervises compliance with occupational safety and health (OSH) standards and regulations. The Labour Code entitles trade union inspectors to make unimpeded checks on organizations’ compliance with OSH requirements and to submit proposals for mandatory consideration by officials in addressing any breaches of OSH regulations that are found.

The trade union inspectorate operates under the direction of the executive boards of the national and regional trade union committees concerned with the protection of workers’ rights and with oversight and compliance monitoring of working conditions and OSH, in all branches of the national economy.

With a view to strengthening trade union supervision of OSH matters, supplementary wording was introduced to the Trade Unions Act in Version No. 1673 of 2 January 2020. Thus, when trade union inspectors discover breaches of workers’ labour and social rights and healthcare entitlements, they are entitled to:

- compile reports and issue mandatory compliance orders;

- take part in the investigations of industrial accidents and occupational diseases conducted by state labour inspectors, and carry out an independent inspection;

- impose the requirement for a work stoppage in the event of a threat to workers’ lives and health;

- present proposals for mandatory consideration by employers and relevant state entities in remedying defects and breaches in safety, OSH and labour standards.

The trade union inspectors work closely with the state labour supervisory bodies. In 2020, despite the limitations imposed by the COVID-19 pandemic, they conducted over 600 OSH surveys in various branches of the economy, including more than 70 jointly with labour inspectors from the SILME, the Industrial and Mining Inspectorate and the Power Systems Inspectorate.

With a view to raising the effectiveness of the collaboration between SILME and trade union inspectors, the Council for the Coordination of the Activities of Inspection Bodies was set up. The Council has held annual meetings aimed at coordinating the activities of state and trade union labour inspectors, which have been attended by representatives of the Industrial and Mining Inspectorate, the Power Systems Inspectorate and the Health and Epidemiological Inspectorate. However, recently it has not been possible to hold these meetings, for a number of reasons including the pandemic. It may be necessary to revive the Council with technical assistance from the ILO regional office.

The Ministry of Labour, the SILME and the Federation of Independent Trade Unions regularly exchange information on a wide range of issues affecting cooperation on labour inspections, as well as holding joint round tables, seminars and conferences on OSH, labour inspection and other topics.

Thus, throughout 2020 and the first quarter of 2021, representatives of the Industrial and Mining Inspectorate and the SILME consistently invited the trade union inspectorate, together with trade union leaders and representatives, to join their investigations into fatal industrial accidents, or those resulting in serious injury or harm to two or more people.

Representatives of the Federation of Independent Trade Unions and the trade union inspectorate play a consistent role in all meetings of the Ministry of Labour departments concerned with social partnership, labour inspection and OSH. They also contribute actively to the measures taken by the Ministry of Labour and the SILME to improve collaboration on matters such as labour and OSH inspections, delays and arrears in the payment of workers’ earnings, and informal employment.

The SILME collaborates with inspectors from the Federation of Independent Trade Unions to hold regular round tables, seminars, conferences and other events involving the social partners, employers and workers on matters affecting OSH and the labour legislation.

Status and conditions of service of state and trade union labour inspectors

Chapter 40 of the Labour Code provides the legal basis for the establishment of state and non-state labour inspection intended to ensure compliance with the national legislation on labour and employment (SILME and trade union inspectorates), as well as for the monitoring of safe operations in industry and mining (Industrial and Mining Inspectorate).

The SILME is a central executive arm of the State. It exercises state supervision and control of compliance with the national legislation on labour, migration and employment, and facilitates the assessment of working conditions at institutions and organizations, regardless of form of ownership or hierarchical status, sole traderships and physical entities which use hired labour. The SILME inspectors are public employees (civil servants) whose status and working conditions are guaranteed under the Civil Service Act and thus ensure them stable employment. In accordance with this Act, wage levels, increments (according to a wage scale reflecting professional seniority) and increases (annual, not less than 15–20 per cent) of labour inspectors are determined by presidential decree.

In the 20 years since the SILME was formed, the regular staff complement of the state labour inspectorate has remained fairly stable. The profile of the SILME staff complement is as follows:

- in 2001 there were 60, of whom 35 worked for regional offices;

- in 2007 there were 72, of whom 38 worked for regional offices;

- in 2014, owing to the abolition of positions in the SILME concerned with pension scheme supervision, the number reverted to 60, of whom 31 worked for regional offices;

- since July 2020 there have been 28 inspectors at headquarters and 32 in the regional offices.

The length of service of SILME labour inspectors in the Ministry of Labour system varies as follows: 3 with over 20 years, 16 with over 15 years, 16 with over 10 years, 12 with over 5 years and 13 with 3–5 years. The SILME has one of the lowest staff turnovers among the state organs. SILME workers are assured the necessary working conditions. Labour inspectors at headquarters and in the regional and territorial offices are provided with adequate office accommodation and equipment (computers, printers, scanners, faxes, copiers, three-part portable toolkits (laboratories) to measure workplace conditions, subsistence expenses, etc.).

All SILME employees are provided with personal internet access, and at headquarters, with technical assistance from the ILO Moscow Office, a functioning information and resource centre and a library on OSH matters have been installed, equipped with a slide projector and an interactive screen giving access to the internet resources of the ILO, the SILME, the Ministry of Labour and other information sites.

At the legislative level, the Civil Service Act and the Regulations on the SILME, and others, contain provisions for effective social protection measures (mandatory life assurance and health insurance for inspectors (as public servants) and their families, pension provision, etc.), define the powers, rights and obligations of labour inspectors, and prescribe the penalties for obstructing inspectors’ legal activities, circumventing the legal requirements, threatening inspectors’ lives and health, and other offences.

The SILME is supported fully from public funds (wages, subsistence costs, equipment, furniture, etc.). The SILME has 60 employees with public servant status (not counting secretarial staff, drivers, cleaners, etc.). These include 28 headquarters staff and 32 public servants in 8 regional offices.

The Federation of Independent Trade Unions currently comprises 17 trade union branch committees covering all sectors of the national economy and employing 24 labour inspectors. In accordance with article 35(3) of the Trade Unions Act, full-time labour inspectors are paid from the trade union budget.

The moratorium on inspections and developments in this regard

Law No. 1269 of 25 December 2015 on Inspections of Economic Entities states that all state control and inspection bodies must provide written notification of an upcoming planned inspection to organizations and entrepreneurs entitled to hire workers, at least five days in advance, and must not conduct inspections of new organizations during their first two years of operation. The exception is organizations belonging to the high-risk group; these are subject to visits by labour inspectors not more than twice per year, regardless of the starting date of their operations.

In this connection, the number of inspections of enterprises deemed to be high-risk under the terms of the above-mentioned Law on Inspections of Economic Entities must not exceed 10 per cent of the total number of organizations liable for inspection in a calendar year.

In 2018, in order to provide governmental support for manufacturers, create new jobs, strengthen the country’s industrial potential and expertise, reduce the number of unfounded and repeat inspections, cut down on corruption, establish favourable conditions for businesses and improve the investment climate, and with technical advice from the International Finance Corporation (IFC) and the World Bank, the Government declared a moratorium on all types of inspection of manufacturing enterprises until 1 January 2021. That moratorium has now expired.

The above-mentioned legal provisions do not cover the supervisory and verification powers of trade union labour inspectors. Trade union inspection bodies are not obliged to agree their inspection plans and activities annually with the Council for the Coordination of the Activities of Inspection Bodies, attached to the Government. The main reason for this is that, under the existing national legislation, trade unions function independently from governmental bodies and any interference in their legal activities is unlawful.

In order to ensure the effectiveness of SILME’s inspection work, a number of measures have been agreed with the Council for the Coordination of the Activities of Inspection Bodies. Thus, during the moratorium, on instruction from the SILME leadership and subject to reasonable grounds (serious infringements of OSH regulations at enterprises which endanger workers’ lives and health, other violations of labour regulations), and also in response to complaints, claims and enquiries (in writing or online, via a hotline, and the SILME site) made by workers and other persons, labour inspectors have conducted unscheduled and surprise inspections at such enterprises (namely without the required prior written notification) in connection with issues of compliance with labour legislation, OSH standards and regulations, while guaranteeing the confidentiality and anonymity of the complaints and claims. The results of these inspections have been made available to the Council for Coordination and to the claimants, and widely publicized on the official websites of the SILME, the Ministry of Labour and the SILME Facebook page, and by information agencies and media outlets.

The inspections conducted by the SILME since the beginning of 2021 have complied fully and unrestrictedly with the provisions of the Labour Inspection Convention, 1947 (No. 81).

It is important to note that, when labour inspectors receive messages and communications suggesting sufficient grounds for the presence of violations of OSH standards and regulations and other labour standards, unscheduled and surprise inspections may be carried out without prior notification to enterprises, provided notification is given to the Council for Coordination.

During the moratorium, the judicial authorities and the representatives of the Council for the Coordination of the Activities of Inspection Bodies regularly and without fail looked into the complaints and claims received from the persons concerned, at all industrial facilities without exception, regardless of the moratorium and moreover with the mandatory involvement of SILME inspectors.

During 2020 and the first quarter of 2021, the SILME, acting in accordance with its work plan and in response to requests from law enforcement agencies, instructions and directions from the Government and the Ministry of Labour, and also communications, claims and complaints from workers and legal persons, carried out 2,443 inspections at enterprises, of which 1,957 were scheduled, 457 unscheduled, 28 repeated and 1 supplementary.

Labour standards were at the root of 2,204 of these inspections, while 163 involved safety or OSH, 42 concerned employment and 35 migration. Over the reporting period, 155 (154 in 2019) joint inspections were conducted with other state inspection bodies and trade union inspectors.

A total of 10,922 infringements were detected, of which 8,329 concerned labour, 1,617 were breaches of safety and OSH regulations, 308 concerned migration and 668 related to employment matters. During 2020 and the first quarter of 2021, the overall activities of the SILME helped to refund to the national budget and reimburse to citizens a total amount of 42,127,000 Tajikistan somoni. Out of this sum, 30,053,400 somoni comprised unpaid earnings and 3,475,800 somoni was compensatory pay.

In all the above-mentioned cases of infringement, appropriate action was taken against the perpetrators according to the law, through the issue of mandatory compliance orders designed to eliminate the problem, and the imposition of administrative sanctions.

A total of 130 files were sent to law enforcement agencies for action. Criminal proceedings were initiated against 44 responsible officials. For having committed administrative offences in the sphere of labour, migration and employment, a total of 422 employers and other responsible officials in organizations were handed fines over the reporting period amounting to 520,000 somoni, paid into the national budget.

In the course of their inspections at enterprises and organizations, SILME officials also give special attention to OSH matters, additional safeguards for women, persons with family responsibilities and children, the prohibition of workplace discrimination, the conclusion of collective (branch and regional) agreements (contracts) and individual employment contracts, the furtherance of social justice and the improvement of working conditions for women and children.

In accordance with the requirements of the Law on Inspections of Economic Entities, and with the exception of inspections carried out by governmental decree, a state inspection body must notify an entity in writing of its intention to conduct an inspection within five working days of the starting time. Written notification is the key element in conducting a scheduled inspection and the inspection bodies are entitled to begin an inspection not earlier than five and not later than ten working days from the day when the economic entity receives such notification.

The number of inspections of high-risk enterprises, comprising those with harmful and hazardous working conditions as defined in the provisions of the above-mentioned Law on Inspections of Economic Entities, must not exceed 10 per cent of the overall total of organizations inspected in a calendar year.

It should be recalled here that the above-mentioned provisions do not cover the supervisory and verification powers of trade union labour inspections. Trade union inspection bodies are not obliged to agree their inspection plans and activities annually with the Council for the Coordination of the Activities of Inspection Bodies. The exception is organizations belonging to the high-risk group; these are subject to visits by labour inspectors not more than twice per year, regardless of the starting date of their operations.

For the purposes of ensuring that labour inspectors’ work is fully in accordance with the international obligations of Tajikistan, the position of the SILME leadership regarding compliance with the requirements of Convention No. 81 was officially transmitted to the Council for the Coordination of the Activities of Inspection Bodies.

A protocol resolution of the Council for Coordination assigned the Ministry of Justice, the Committee for State Property Investment and Management, and other relevant governmental agencies the task of considering this matter and submitting the necessary proposals for harmonizing the relevant legislation.

Accordingly, on the instructions of the SILME and where there were sufficient grounds (serious infringements of OSH standards, other violations of the labour regulations), and also in response to complaints, claims and enquiries made by workers and other persons, labour inspectors have conducted unscheduled and surprise inspections at such enterprises (namely without the required prior written notification) on issues of compliance with labour legislation, OSH standards and regulations, while guaranteeing the confidentiality and anonymity of the complaints and claims.

Now, checks by SILME labour inspectors comply fully and unrestrictedly with the provisions of Convention No. 81.

The question of the frequency of visits to enterprises is decided by labour inspectors on the basis of the information available about the status of enterprises’ compliance with OSH and labour regulations.

A due diligence checklist for inspections was compiled by SILME experts in accordance with the requirements of ILO Convention No. 81, the Labour Code and the SILME Statute adopted by Government Decision in 2014 and amended on 21 July 2020. This document formalized the wide powers of labour inspectors to conduct unscheduled, surprise, targeted and verification inspections. The checklist for the inspections conducted by SILME labour inspectors in 2018 was duly entered in the register of local statutory legislation of the Ministry of Justice. If necessary, the SILME can supply more detailed information on these matters.

Information on the manner in which state labour inspectors are empowered to take steps with a view to remedying defects observed in plants, layout or working methods, which they may have reasonable cause to believe constitute a threat to the health or safety of workers, in accordance with Article 13

Pursuant to section 3(7) of the Regulations on the SILME, adopted by Government Decision No. 299 of 3 May 2014, with amendments of 24 July 2020, SILME labour inspectors are granted sweeping powers to take steps to deal with infringements and defects in this regard.

In 2020, the Government department responsible for assessing working conditions and SILME regional inspectors conducted 118 inspections and detected 1,218 infringements of OSH standards and regulations, while in the first quarter of 2021 they carried out 45 inspections and found 399 such infringements. Also in 2020, in connection with plans for the construction of new industrial facilities, the renovation of industrial facilities, as well as the installation of machinery, mechanisms and industrial equipment, inspectors issued 168 reports containing 1,456 requirements to take the necessary steps to remedy infringements of OSH regulations, and in the first quarter of 2021, 49 such reports containing 383 requirements. In 2020 and the first quarter of 2021, SILME labour inspectors, following review of complaints and communications from workers, acted immediately on 265 occasions to detect and remedy violations of working conditions by officials. In 2020, fines amounting to 241,044 somoni were imposed on 200 employers and other company officials for infringements of the OSH standards and regulations, while in the first quarter of 2021, the fines imposed on 95 employers and other company officials amounted to 121,020 somoni; this became income for the national budget.

Information on the application in practice of inspectors’ temporary suspension powers under section 30 of Law No. 1269 related to safety and health

Under section 7(3) of the SILME Regulations, an inspector is entitled to halt the activities of enterprises and production sites in order to remedy infringements of the OSH requirements, if their activities threaten the lives and health of workers. During 2020 and the first quarter of 2021, there were 95 cases in which SILME inspectors halted activities completely at enterprises, production sites and industrial sole traderships where accidents had occurred, in order to fully remedy infringements of OSH requirements and ensure that inspectors’ legal requirements were met. No legal appeals against the labour inspectors’ actions over this period were recorded.

Annual report concerning ILO Convention No. 81

The State Inspection Service for Labour, Migration and Employment sends quarterly and yearly reports on its activities to the Ministry of Labour. The Ministry in turn includes the annual SILME reports in its annual report to the ILO on its implementation of the ILO Conventions ratified by Tajikistan.

In the future, the SILME will send the ILO the annual reports on its labour inspection activities under Article 20 of Convention No. 81, including information on all the subjects listed in Article 21.

Statistics on violations detected and the measures taken by labour inspectors, including fines imposed, cases referred to courts, and other remedial measures taken

To remedy the 10,922 violations detected in 2020 and the first quarter of 2021, the inspectors issued 2,089 mandatory compliance orders. As a result of their inspections, 179 files relating to employers and to other company officials guilty of violating labour legislation and the rules and regulations on safety and OSH were sent to the prosecution agencies and internal affairs authorities for further action.

The review of these files by the law enforcement agencies led to the initiation of criminal proceedings against 54 employers and other company officials.

Labour inspectors imposed fines amounting to 746,000 somoni on employers and company officials for administrative offences relating to labour, migration and employment; this money was collected and transferred to the national budget. Nine employers were fined a total of 13,100 somoni for failure to comply with orders issued by SILME inspectors, and this sum too was collected in full and paid into the national budget.

Note: The Government submitted an annex with legislation cited. Information was also provided in reply to the direct request of the CEACR, which was not included to comply with the applicable word limits.

Discussion by the Committee

Interpretation from Russian: Government representative, Ambassador, Permanent Representative – The Labour Code of Tajikistan sets out provisions on the role of trade unions, as approved by the Executive Committee of the Federation of Independent Trade Unions. The Code thus sets out the rights and obligations of trade unions.

The Federation of Independent Trade Unions of Tajikistan, in line with article 357 of the Labour Code, has established its own labour inspection service. In accordance with the requirements of the Labour Code, the inspectors of the Federation have the right to inspect enterprises in accordance with OSH requirements, and to identify violations.

In order to strengthen the role of trade unions in monitoring OSH conditions, the above-mentioned legislation has been amended to comply with certain requirements, including the following: labour inspectors of trade unions have the right to record violations; carry out inquiries into cases of occupational illnesses in accordance with legal requirements; and to impose a work stoppage in the event of a threat to workers’ lives. They may oblige employers and relevant state entities to remedy defects and breaches in the areas of OSH and labour standards. Trade union inspectors work closely with the state labour supervisory bodies. A Council for the Coordination of Activities of Inspection Bodies was established in order to further strengthen collaboration between the two inspection services.

The Council meets in certain intervals each year, with the participation of representatives of the Ministry of Labour, the Industrial and Mining Inspectorate, the Power Systems Inspectorate and the Health Inspectorate. However, for a number of reasons, including the pandemic, it has not been possible to hold such meetings in the recent period. It will thus be necessary to revive the Council, with technical assistance from the ILO Regional Office. The Ministry of Labour regularly exchanges information with the inspection services on a wide range of issues, and holds joint round tables, seminars and conferences on OSH, labour inspection and other topics.

In accordance with the provisions of the Labour Code, the participation of inspectors of the Federation, jointly with the state inspection service, is mandatory in inquiries into individual cases of occupational diseases.

In 2020 and the first quarter of 2021, the trade union inspectorate, together with trade union leaders and representatives, were invited to participate in the examination by the Ministry of Labour, including its OSH inspectorate, of issues such as delays and arrears in the payment of workers’ earnings.

Special status is given to the work of labour inspectors, since the state labour inspectorate is the central enforcement body of the state system. As such, the inspectorate has to ensure the proper application of the Labour Code, including with regard to migrant workers, in all enterprises, regardless of their status or form of ownership.

Labour inspectors are civil servants. During the 20-year period since the establishment of the state inspection service, the regular staff complement of the inspectorate has remained fairly stable. Labour inspectors have thus considerable experience and seniority, although the length of service of labour inspectors varies as follows: 3 inspectors with over 20 years; 16 with over 15 years; 16 with over 10 years; 12 with over 5 years. At the current time, the level of staff turnover in the labour inspectorate is the lowest among the different state bodies. Appropriate working conditions are enjoyed by all labour inspectors, regardless of whether they work in the central administration or in regional offices, and all inspectors are provided with sufficient resources, offices, technical support and other necessary resources in order to be able to carry out their work. All employees are provided with personal internet access. With the support of the ILO, it was possible to establish an information centre.

With regard to the moratorium on inspection, the number of inspections carried out in accordance with the law was not to exceed 10 per cent of the total number of organizations liable for inspection in a calendar year. Meanwhile, Government support was provided to strengthen the country’s industrial potential, improve export capacity, and build the country’s enterprise sector in order to support a positive environment. The moratorium was effective until 1 January 2021 with regard to the inspection of all manufacturing enterprises in order to allow time for the creation of appropriate employment conditions and a pleasant working environment. However, the moratorium came to an end on that date. It also did not affect inspections by trade union inspectors, who do not require any approval or permission for their work and whose action is independent of state authorities.

Turning to the practical implementation of the mandate of the inspectors and the exercise of their powers, the action taken depends on the level of threat to the life or safety of workers. Measures to be taken are explained to employers. Where required, the activity of the enterprise concerned is stopped so that violations of the law can be addressed and appropriate health and safety at work be ensured.

Annual reports are sent by the responsible state body to the Ministry of Labour. Concerning the reports that need to be sent to the ILO, in the future we will strive to send an annual report to the Organization, in accordance with the relevant Article of the Convention and the established procedures.

Furthermore, it is noted that in accordance with articles 357 and 358 of the Labour Code, the powers of labour inspectors are fully respected. As regards labour disputes, they are being dealt with in accordance with the Labour Code, including, where necessary, through proceedings in the courts.

The work of the labour inspectors also includes monitoring the application of the legislation on migration. Labour migration is a major issue in our country. In this regard, the Labour Ministry and the relevant state service ensure that the law is being complied with, particularly regarding voluntary migration, in line with the relevant provisions of the Convention.

Due to lack of time, I do not wish to go through the entire report, which can be found on the Committee web page.

Worker members – We have already had the opportunity to recall during our discussions that labour inspection is fundamental. In its general observation on the Convention, the Committee of Experts even refers to a vital public service, which is vital because it is “at the core of promoting and enforcing decent working conditions and respect for fundamental principles and rights at work”. It is not therefore by chance that Convention No. 81 is considered to be a priority governance Convention.

It is essential for workers to be able to count on fully competent inspection services that benefit from the necessary resources for their role. We have to regret the fact that the workers of Tajikistan are not able to count on these fundamental guarantees due to the violations of the Convention by Tajikistan. As we could see at previous sessions of the Committee, the weakening of inspection services is unfortunately a common practice in this region of the world.

The first serious violation of the Convention that we must note in Tajikistan is a result of Law No. 1505, which provided for a moratorium on inspections in industrial workplaces until 1 January 2021. According to the written information provided by the Government, this moratorium has not been extended beyond 1 January 2021. It is essential for Tajikistan to refrain from reintruducing such a moratorium in future, as it is incompatible with the Convention.

Alongside the moratorium on labour inspections, we must also note the restrictions on the powers of labour inspectors, in breach of the provisions of the Convention. The latest law adopted, Law No. 1269, contains restrictions on the powers of inspectors in relation to the frequency of inspections, their duration, the possibility for labour inspectors to carry out inspections without previous notice and their scope. The written information provided by the Government indicates that the restrictions on the powers of labour inspectors only apply to state labour inspectors and not trade union labour inspectors.

Such a moratorium and such restrictions on the powers of inspectors are in violation of Articles 12 and 16 of the Convention, which empowers labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, and to carry out any examination, test or enquiry which they may consider necessary to satisfy themselves that the legal provisions are being strictly observed. That should apply to all labour inspectors, irrespective of whether they are state labour inspectors or trade union labour inspectors. The powers of state labour inspectors therefore need to be fully restored to ensure conformity with the Convention.

In its general observation, the Committee of Experts regrets that limitations on labour inspection are often imposed following advice from other international institutions. We note that the Government based its action on the advice of the International Finance Corporation and the World Bank when introducing the moratorium. That is extremely problematic, and the ILO should enter into dialogue with these international institutions to avoid it.

Article 13 of the Convention provides that labour inspectors shall be empowered to take steps with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of workers. While article 30 of Law No. 1269 appears to contain a provision allowing inspectors to do this, the legal scope of this provision in practice was not very clear. The written information provided by the Government enable us to understand the scope of this provision better and to receive preliminary information on the number of measures taken by labour inspectors on this basis. It is essential for the Government to provide such information in good time in future as a basis for assessing the implementation in practice of Article 13 of the Convention.

With reference to the duality of the inspection functions assumed by the state and trade union labour inspectors, we thank the Government for the written information provided. However, we regret that this information was not provided to the Committee of Experts in good time. While this information sheds light on some of the issues raised by the Committee of Experts, it appears by the Government’s own admission that the coordination of these two inspection services is currently deficient, as the Council responsible for their coordination no longer meets. Moreover, the information on the sources of financing for trade union inspection services is very limited and we must note a further decrease in their numbers in relation to the numbers indicated in the report of the Committee of Experts. The number of labour inspectors has in practice fallen from 28 to 24.

Articles 20 and 21 of the Convention lay down the obligation to publish and transmit to the ILO an annual report on the work of the inspection services, and determine its content. It appears that such annual reports have no longer been transmitted to the ILO by Tajikistan for many years. According to the written information provided by the Government, regular reports are however prepared and compiled within the Ministry of Labour. It is therefore to be regretted that such reports are not transmitted to the ILO, as required by Articles 20 and 21 of the Convention. It is important for Tajikistan to provide further information in good time on the operation of the labour inspection services and the results of their work, so that the ILO can monitor compliance with Tajikistan’s obligations under the Convention.

Tajikistan ratified the Convention in 2009. Since 2012, the Committee of Experts has been commenting on the lack of information provided by Tajikistan on the application of the Convention. It is not therefore a new issue. However, what is much more worrying is that it is only recently that Tajikistan appears to have taken a further step in the violation of the Convention. The first hints of the introduction of a moratorium on labour inspections go back to 2018. It is undoubtedly this important development that has led to Tajikistan being severely singled out by the Committee of Experts through a double footnote, and with reason. And yet Tajikistan benefits from a Decent Work Country Programme for the period 2020–24, one of the objectives of which is to increase the effectiveness of labour inspection.

The ILO, and particularly the Committee, must send a strong message to Tajikistan, calling on it to ensure the full conformity of its law and practice with the Convention and to comply with its reporting obligations.

Employer members – I would like to start the discussion for the first case on our list, Tajikistan, by underlining the importance of Convention No. 81, both for the protection of workers and for a functioning economy.

In a previous discussion on this Convention, the Employers’ group noted that “if ILO Conventions and Recommendations articulate the spirit, philosophy and principles of the ILO, labour inspection is the lifeblood that sustains ILO instruments once they are incorporated in law and regulation and ensure that ratified instruments are implemented in practice”. It is no coincidence that this Convention was classified by the International Labour Conference as a priority Convention because of its importance for the governance of national institutions to promote employment and ensure compliance with labour standards.

Moreover, more than one year into what arguably is the worst public health and economic crisis since the 1918 influenza pandemic, cooperation between labour inspectorates, governments, employers and workers has never been more valuable in protecting those in the workplace and accelerating economic recovery. In particular, the pandemic has strengthened the key role of labour inspectorates as suppliers of “technical information and advice to workers and employers concerning the most effective means of complying with the legal provisions”, as mentioned in Article 3 of the Convention.

Convention No. 81 was ratified by Tajikistan in 2009. This is the first time the Committee has discussed Tajikistan’s application of this Convention. Disturbingly, however, this discussion comes under a cloud, having been classified by the Committee of Experts as a “double-footnoted” case, as the Worker members have already mentioned. This matter has been the subject of three observations since 2018, as well as of multiple direct requests since 2012.

In prior observations, the Committee of Experts expressed its concern about the limited functionality of the labour inspectorate over at least the last four years, and the lack of meaningful progress in that time. Key concerns in this regard include:

• the existence of a dual system of inspection undertaken in parallel by the State and trade unions, and the lack of a central authority entrusted with the supervision and control of labour inspection generally;
• a moratorium on all types of inspections of the activities of business entities in manufacturing from February 2018 to 1 January 2021;
• statutory restrictions on the power of inspectors regarding the frequency, duration and scope of inspections and the ability of labour inspectors to undertake inspection visits without previous notice;
• lack of clarity on the powers of inspectors to remedy defects observed in plants, layout or working methods, which could be a threat to the health and safety of workers; and
• no publication of the annual report of the labour inspection services by the central inspection authority.

The Employer members would like to thank the Government for shedding light on the functioning of labour inspection in Tajikistan, as well as for clarifying the reasons behind the moratorium. Our comments will focus on three of the most concerning issues in this case.

First, how the labour inspectorate operates. This is vital, particularly since the Convention essentially requires a system of labour inspection under the supervision and control of a central authority, and where “collaboration between officials of the labour inspectorate and employers and workers or their organisations” is required under Article 5(b).

Furthermore, Articles 3(2), 4 and 6 of the Convention respectively state that:

Any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

So far as is compatible with the administrative practice of the Member, labour inspection shall be placed under the supervision and control of a central authority.

In the case of a federal State, the term central authority may mean either a federal authority or a central authority of a federated unit, such as a State.

The inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences.

Given the clarity of the wording of the Convention, it is all the more concerning that the labour inspectorate system in Tajikistan is run simultaneously by the State Inspection Service for Labour, Migration and Employment, and the Federation of Independent Trade Unions. We remain unclear whether all inspections are conducted jointly, but it is clear from the Committee of Experts’ observations that there is close interaction between the two inspection branches. Since 2015, pursuant to the Law on Inspections of Economic Entities No. 1269, a Council for the Coordination of the Activities of Inspection Bodies has been created, with the power to coordinate the inspection plans of inspection bodies, to avoid duplication.

Furthermore, in its 2018 observation, the Committee of Experts noted that section 353 of the Labour Code obliges employers to fund the work of the trade union labour inspectorate. All of this is at odds with the Convention. Indeed, in the Employers’ view, this seems to institutionalize a breach of the Convention.

While the Convention allows flexibility in the way inspections must be conducted and is accommodating of a variety of systems of labour inspection that are placed under the supervision and control of a central authority, the actual practice seems rooted in historical practices (sharing inspectorate responsibilities between the State and the trade unions) which were common in the past in Central and Eastern Europe. However, we are not in the past, and Tajikistan’s practice is not in line with the Convention.

While on this point, the fact that labour inspection duties are covered by trade unions at all is problematic from the perspective of impartiality and independence and in breach of Article 6 of the Convention. In the 2006 General Survey, the Committee of Experts noted that “as can be seen from the preparatory work on Convention No. 81, public servant status was considered necessary for inspection staff as it was the status best suited to guaranteeing them the independence and impartiality necessary to the performance of their duties”.

The Employer members consider that more than ten years into the ratification of the Convention, Tajikistan should be able to fully implement Articles 4 and 6 in law and in practice, as well as all other Articles of the Convention previously mentioned.

Under the terms of the Convention, the labour inspectorate must function as an autonomous system under the supervision and control of a central authority, in cooperation with other relevant public or private institutions and in collaboration with employers and workers or their organizations. A system whereby two separate bodies of labour inspection, one run by the trade unions (and, we understand, funded with the employers’ contributions) and the other by the Ministry of Labour, is not compatible with the Convention.

The Employers therefore urge the Government to: ensure that inspection staff be exclusively composed of public officials; place the labour inspection under the supervision and control of a central authority; and replace the dual system of inspection by a system that is compatible with the Convention.

Our second key issue relates to the activities of labour inspectors. The Committee of Experts noted that Law No. 1269 partially restricts the power of inspectors, including limiting the frequency of inspection, duration, ability to undertake inspections without previous notice and the scope of inspections. The Committee of Experts also mentioned lack of clarity around the power of inspectors to remedy defects observed in plants, layout or working methods, which could be a threat to the health and safety of workers. Such limitations are clearly incompatible with the Convention, particularly with Articles 12 and 16. The former provision outlines the power of labour inspectors “to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection” and the latter that “workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions”. These provisions are crystal clear in their intent and ambit, and lack of compliance is hard to excuse. The capacity to remedy dangerous situations should be adapted in compliance with Article 13 of the Convention.

The Employer members reiterate the need for independent and unrestricted operation of labour inspection so as to guarantee good governance, transparency and responsibility in the system for protecting workers’ rights. The Employer members urge the Government to lift these statutory limitations to inspectors’ powers as soon as possible.

The third serious issue is the moratorium, previously mentioned by the Workers, imposed by Decree on all types of inspections of the activities of business entities in the area of manufacturing until 1 January this year, and we understand this no longer exists, that it was not continued past that date. The Employers note that the moratorium, even before it was lifted on 1 January, was not universal and applied only to new organizations during the first two years of operation, except organizations belonging to the high-risk group, which were still subject to visits by labour inspectors, but not more than twice per year.

We also note that even during the moratorium, subject to reasonable grounds, including responding to complaints, claims or inquiries made by workers and other persons, labour inspectors have conducted unscheduled and surprise inspections at such enterprises in connection with issues of compliance with labour legislation, OSH standards and regulations. The moratorium did not apply to the supervisory and verification powers of trade union inspectors, as under the national legislation, trade unions function independently from government bodies and any interference in their legal activities is unlawful. This is very concerning for other reasons mentioned above related to Article 6 of the Convention. Indeed the irony of the Government being able to proscribe the activities of its officials, but not those of the union officials undertaking the same functions, is inescapable.

During the moratorium, the judicial authorities, the representatives of the Council for the Coordination of the Activities of Inspection Bodies regularly looked into the complaints and claims received from the persons concerned at all industrial facilities and without exception regardless of the moratorium. To be clear, the Convention does not allow for the exemption or exclusion of the manufacturing sector from the scope of labour inspection. There is no rational correlation between improved public service management and the suspension of labour inspection.

Finally, the Convention provides for the publication and communication to the International Labour Office of an annual inspection report, which has to include information on the legal basis of labour inspection, the composition and the distribution of inspection personnel, their areas of competence and their activities, as well as industrial accidents and cases of occupational disease. This publication provides a snapshot on the labour inspection in the country every year and must not be neglected.The Employer members request the Government to transmit in timely fashion a copy of the annual report on labour inspection to the ILO Office in line with Article 20 of the Convention.

Interpretation from Russian: Worker member, Tajikistan – The trade unions in Tajikistan are recognized as entities that can represent the workers of Tajikistan in accordance with our Labour Code and fully in line with international labour standards. All standards relating to occupational safety and health are something that we are particularly concerned with. We therefore seek to ensure compliance with all relevant Conventions, including Convention No. 81. We recognize, in the light of issues that have been raised, that there is some information that has to be provided to the Committee.

First of all, in Tajikistan, the situation is that it is not possible for us to ensure that the state labour inspectorate carries out inspections fully in line with the mandate that should be borne by it. We recognize that when it comes to the State Inspection Service for Labour, Migration and Employment, they are not able to carry out inspections in the independent and autonomous way that they should.

We recognize the importance of protecting workers’ rights in Tajikistan and we recognize that in the relevant texts, for instance, in Article 11, the powers that are held by the state inspection service are supposed to be exercised in a way that is agreed in accordance with the tripartite partners. Nonetheless, there are a number of questions that have to be answered, particularly relating to the sources of funding for the Inspectorate of the Federation of Independent Trade Unions. I can assure you that the budget that we have has been constantly in decline since 2008. Therefore, because of the way the budget has been decreasing, we have not been able to ensure that the labour inspectorate which operates from the budget of the employers is in fact being funded in the way that it should.

We recognize the importance of efforts to ensure that there can be a truly independent inspectorate in the country and we must recognize that the labour inspectorate does have a plan of work which is in the statutes. Nonetheless, in terms of the way its work is actually being carried out, it is not in fact in line with what it is required to do.

If you look at the functions of the state inspection service within the Ministry, alongside the Federation of Independent Trade Unions, you see that there is a situation in which it is not possible to fully guarantee the right of workers to have their fundamental rights, including occupational safety and health, fully respected. There have been a very large number of violations of the Labour Code, which have been established by the inspectorate and which have not yet been fully investigated.

On the question of the authority of the inspectorate to carry out inspections, including periodical unannounced inspections into specific issues, a certain amount of work is being undertaken, certainly within the organizations at the enterprise level. When there is an accusation of a violation of the provisions of the Labour Code and when workers feel that their rights are not being respected, there is a grievance procedure through which they can submit their complaints.

However, the periodicity of inspections is determined by the labour inspectorate itself, in accordance with the relevant provisions of the Labour Code. That being so, the state inspection service is in touch with representatives of the trade unions who do indeed have the right, through the trade union bodies, to provide information when they think there may have been a violation of the Labour Code.

Trade unions, in the way that they work with the labour inspectorate, work closely with the state inspection service. Despite the difficult situation in the country over the past couple of years because of the COVID-19 pandemic, there have nonetheless been more that 190 investigations of violations that have been flagged in this way to the state inspection service.

The state inspection service works throughout the country in all of the different administrative regions. Its work has been made very difficult because it has had to halt or interrupt some of the work as a result of certain security and safety concerns. Yet, nonetheless, it has been possible to intervene in certain specific cases where workers were able to raise concerns. They have identified a number of violations of workers’ rights. These are issues that have been raised in the trade union newspaper Solidarity and there has also been information that has been made available over television broadcasts and radio broadcasts.

A lot of work has been done in working with different NGOs and other bodies of civil society within our country. We worked on a tripartite basis with employers and workers, as well as government bodies, and they have sought to monitor activities, especially when it has been recognized that there have sometimes been problems where there has been an overlap in terms of the two parallel inspectorate structures doing the same thing. They have recognized that they now have to work together and ensure that they do not end up duplicating the work done by another body.

Government member, Portugal – I have the honour to speak on behalf of the European Union (EU) and its Member States. The Candidate Countries, the Republic of North Macedonia, Montenegro and Albania, the European Free Trade Association (EFTA) country Norway, Member of the European Economic Area (EEA), as well as the Republic of Moldova, align themselves with this statement.

The EU and its Member States would like to underline the importance we attribute to the promotion, protection and respect of human rights, including labour rights, as safeguarded by ILO Conventions. We also believe that safe and healthy working conditions should be ensured for all, everywhere, and we support the recognition of the right to safe and healthy working conditions as a fundamental right at work, as laid down in numerous ILO Conventions. The EU and its Member States are therefore committed to the promotion of universal ratification, and the effective implementation and enforcement of fundamental international labour standards. Labour inspection is key in promoting and safeguarding decent working conditions, and compliance with Convention No. 81 is essential in this respect.

The EU and its Member States are long-term partners of Tajikistan, with relations guided by the bilateral partnership and cooperation agreement, which came into force in 2010. Jointly with Tajikistan, we are also considering enhancing our relations through a new enhanced Partnership and Cooperation Agreement. We welcome Tajikistan’s interest in becoming a GSP+ beneficiary, which would imply an even stronger commitment to implementing ILO fundamental Conventions. An effective labour inspection system is crucial to monitoring the implementation of labour standards.

We note with satisfaction that the moratorium on all types of inspections of the activities of business entities in manufacturing since February 2018, as clarified in the written information from the Government, has now expired, with no plans for its renewal. As the Government maintains that some inspections continued during the moratorium, we invite the Government to clarify the impact of the expiry on the number and rigour of inspection activities. Furthermore, we underline the importance of ensuring that an annual report of the labour inspectorate is published, containing information on all subjects listed under Article 21 of the Convention, and is transmitted to the ILO in due time. We are deeply concerned about the lack of clarity and the duality of inspection functions assumed by the Government and trade union labour inspectors in the Republic of Tajikistan.

We appeal to the Government to provide the requested information to the Committee on developments in this regard. In addition, information should be provided on the funding of the trade union inspectorates and the manner in which they coordinate with the state inspection service.

In line with the Committee of Experts’ recommendation, the EU and its Member States urge the Government of Tajikistan to provide copies of the laws and regulations governing the status and conditions of service of state labour inspectors and the duties and powers of trade union inspectors. Additional information on state labour inspectors’ conditions of service in relation to the conditions applicable to similar categories of public servants and trade union inspectors is also requested.

We expect the Government to provide information on the application of the aforementioned laws. Moreover, we appeal to the Government to remove the restrictions and limitations on labour inspectors so as to ensure that they are empowered to enter, freely and without previous notice, to undertake inspections as often and as thoroughly as necessary, and to remedy the defects observed. The EU and its Member States will continue to support the Government of Tajikistan in this endeavour.

Worker member, France – It is vital to recall that Convention No. 81 plays a fundamental role due to its interdependence with all international labour standards. Indeed, without a labour inspectorate that has the human, financial and legal resources required to be effective, no fundamental or labour rights can be properly enforced. Its role is currently all the more important, at a time when the pandemic is regaining ground, making the risk of infection in the workplace omnipresent. It is more necessary than ever to ensure compliance with occupational safety and health regulations in general, and specifically those related to COVID-19 risks.

The case under consideration today is problematic in that, firstly, the Government has not fulfilled its reporting obligations under the Convention, despite ratifying it in 2009 and despite the Committee of Experts already having made observations in that regard in 2018. Secondly, moratoriums were established in 2018, 2019 and 2020, up to 1 January 2021, in order to derogate from labour inspection.

The Committee of Experts expresses deep concern at these moratoriums on labour inspection, and at Law No. 1269 on inspections of economic entities, which contains similar restrictions on the powers of inspectors, particularly with regard to the frequency, duration and scope of inspections. This Law contravenes the principles and provisions set out in the Convention.

The Committee of Experts and the Conference Committee have already referred regularly to violations of the Convention in the region, for example in Ukraine and the Republic of Moldova. The Workers are therefore concerned at what could be described as a regional tendency to derogate from labour inspection by means of moratoriums on labour inspections or through laws containing similar restrictions, with the aim of fostering trade, particularly on the advice of the World Bank, which is of grave concern to us. Indeed, in several documents, such as the Tajikistan Systematic Country Diagnostic of May 2018 and the Country Partnership Framework for Tajikistan of April 2019, to name but two, the World Bank expresses its support for the Government in reducing what it describes as “burdensome administrative procedures” caused by what it deems to be “excessive inspections” and encourages the Government to implement its reforms, which it calls the modernization of labour inspection. This is a question of coherence among the institutions of the multilateral system, some of which, clearly in this case, do not shy away from calling into question the very legitimacy of international labour standards.

The Workers are also alarmed to note that, at any moment, the Government can impose this type of moratorium or legislate with the aim of reducing the powers, and therefore the effectiveness, of labour inspectors, paying little attention to its international obligations, including its obligation to report to the Committee of Experts.

It is vital that the labour inspectorate is able to conduct its work under the Convention, in terms of both prevention and sanctions, in order to provide effective guarantees for workers’ rights.

Government member, United Kingdom of Great Britain and Northern Ireland – In January 2022, the United Kingdom and Tajikistan will celebrate 30 years of diplomatic relations. Through dialogue and targeted programmes, we support Tajikistan’s economic and social development. Through our partnership we seek to ensure the promotion and enhancement of the rules-based international system, effective governance, the rule of law and human rights.

The United Kingdom notes the various and important concerns raised by the Committee of Experts in relation to Tajikistan’s coherence to the Convention. These include the recent moratorium on inspections in industrial workplaces, the incompatibility of national legislation with the Convention in relation to the ability of labour inspectors to make visits without previous notice and as often as necessary, and the failure to provide necessary annual reporting on the work of the labour inspectorate to the ILO. These are clear and serious violations of the Convention. We note Tajikistan’s response to the concerns raised. While the moratorium on inspections has now expired, we urge the Government to take all necessary measures to ensure that no further restrictions of this nature are placed on labour inspections in the future.

We note the statement that all checks undertaken by the State Inspection Service for Labour, Migration and Employment comply fully with the provisions of the Convention. We also note the willingness of the Government to ensure that mandatory annual reporting is provided to the ILO in a timely fashion. We appeal to the Government to engage closely, openly and transparently with the ILO in future and to strive towards full compliance with the provisions of the Convention.

The United Kingdom will continue to support the Government of Tajikistan on achieving this and looks forward to working further with Tajik partners on effective governance and policy innovation and in creating employment opportunities for their people.

Government member, Switzerland – The objective of labour inspection is to ensure good governance, transparency and the responsibility of a labour administration system, and also to contribute to the application of international standards in national labour legislation. To ensure the sound functioning of labour inspection, a solid enforcement mechanism must be established, as set out in the Convention.

Switzerland welcomes the progress made in Tajikistan over the past three decades, particularly in relation to the ratification of international labour standards. While recognizing the efforts made by the Government to modernize labour conditions, Switzerland denounces the moratorium imposed on labour inspection. The moratorium leaves the door open to excesses in labour practices, such as the employment of minors, unpaid work, overtime, particularly in arduous work such as in mines and cement works. Switzerland would be very interested in being informed of the action taken by the Government during this moratorium, particularly to control child labour.

From this perspective, Switzerland encourages the Government to continue its efforts to take all the measures requested by the Committee of Experts. In particular, it encourages the Government to adopt all the necessary legislative measures as soon as possible to end the moratorium on labour inspections and to reinforce the operation of its enforcement system. The Government should allow inspectors to carry out inspections without previous notice and to undertake them as thoroughly as is necessary, in accordance with the Convention.

Finally, Switzerland counts on the goodwill of the Government to intensify its efforts, and to take this opportunity to reform its inspection system, combat corruption and ensure greater transparency in the system, and offer its citizens better working conditions and well-being.

Interpretation from Russian: Another Government representative, the Deputy Minister of Labour, Migration and Employment – On 19 May 2021, before the start of the International Labour Conference, the Government had the opportunity to speak with specialists from the ILO on the issue of labour inspection. As you know, in 2009, we ratified the Convention. Earlier in the discussion, another Government representative presented the information that we had sent for the consideration of the Committee. We have taken very seriously all the recommendations and conclusions of the Committee of Experts, and we have started indeed to fulfil those recommendations, and to resolve the issues identified.

We understand that there is additional information required with regard to the relationship between the state inspection service and the trade union inspection service. We believe that they are now working together quite well. The labour inspectorate of the Government of Tajikistan, we believe, is in line with ILO requirements, and we have tried to respond to the questions raised. This labour inspection service tries to ensure the necessary labour conditions for workers.

With regard to the moratorium, a law was introduced for a moratorium on inspections in manufacturing by the state inspection service, and then subsequently, the moratorium was extended. However, there were certainly inspections in areas which we considered to be critical. Our inspectors were able to inspect the factories where we had doubts.

With regard to inspection plans, we believe that we are in line with the requirements under the Convention. The plans will be considered by the Ministry of Labour, Migration and Employment of the Republic of Tajikistan, and if we believe it necessary, we will raise issues and also get in contact with other appropriate bodies in that respect.

With regard to the annual labour inspection reports, there have been concrete measures taken in this regard. Thanks to the help from the ILO in this area, every year there is a report published by the state labour inspectorate, in accordance with the reporting responsibilities under the Convention.

Under the laws of the Republic of Tajikistan, state labour inspectors are not allowed to be involved in labour disputes. However, they can be invited to court, and subpoenaed to court as witnesses.

I should note that migration control is overseen by the migration division of the Ministry of Labour, Migration and Employment, and there are labour agreements with regard to labour protection, and also with regard to the protection of workers from other countries. The state labour inspectorate also looks at issues of labour relations between foreign workers and national employers, and also between national workers and foreign workers.

Furthermore, last year, a reform of the labour inspection system in Tajikistan was undertaken, and – partly with a view to providing greater authority to labour inspectors and partly with regard to changing the way that they work – there were some structural changes of the labour inspectorate undertaken at that time.

I should like to say that the comments and the proposals from the Committee of Experts will be carefully considered. We will undertake the necessary additional measures, in terms of both providing the necessary information and in terms of activities. We would like to assure you that the Republic of Tajikistan takes very seriously its responsibilities under the Convention.

Employer members – The rich debate we just had in fact proves the continued relevance of the Convention for the world of work.

The Employer members consider that in a State in which the rule of law prevails, a modern labour inspectorate and an independent and judicious legal framework are essential to establishing an environment conducive to enterprise, increasing legal and economic security and reducing the social risks to which investors are exposed. Such a system is capable of maintaining fair competition, promoting investment, economic growth and employment creation. As we have said, this case presented three elements of major concern, the lack of essential authority to supervise and control labour inspections, combined with concerns over a dual system of inspection functions assumed by state and the trade union labour inspectors. The other restrictions, by virtue of Law No. 1269 on inspection of economic entities on the powers of inspectors, relate to the frequency, duration and scope of inspections, the ability of labour inspectors to undertake inspection visits without notice, and the moratorium imposed by Decree No. 990 of January 2018 on all types of inspections of the activities of business entities in manufacturing until January this year. Following the debate, the Employer members invite the Government to commit further to bring its legislation and practice into line with the Convention.

We would like to conclude this brief summary by requesting the Government: to replace the dual system of labour inspection by a system in line with the Convention, with guarantees of the independence and impartiality of labour inspectors, in particular by ensuring that labour inspection staff are composed of public officials only; to ensure that effective collaboration between the officials of the labour inspectorate and employers’ and workers’ organizations is established and is effective; to ensure that inspections are possible as often as necessary without prior notice and within the scope indicated in Articles 12 and 13 of the Convention; to avail itself of ILO technical assistance in order to adjust the various elements of inadequacy of the Tajik labour inspection system with the Convention; and to refrain from imposing any further moratorium on labour inspections in the future.

On the understanding, from the information provided by the Government, that the moratorium on labour inspection is no longer in effect, we call upon the Government to refrain from imposing any such restrictions in the future.

Worker members – These conclusions need to begin with an important reminder: any moratorium imposed on labour inspection is a serious violation of the Convention. The fact that this moratorium is no longer applicable does not take anything away from the gravity of this violation, which applied from 2018 to 2021. It is therefore essential for the Government to take all the necessary measures to guarantee that no further moratorium is imposed on the inspection services in future. To allow supervision of the situation, the Government should make sure that it provides full information on this subject and on the number of inspections carried out by the inspection services.

As we have seen, many restrictions are imposed on labour inspectors. In order to allow the independent, free and effective operation of the inspection services, it is essential to lift these restrictions. The Government must therefore guarantee the full powers of the state inspection services in accordance with the Convention.

We have also seen that the Government recognized in its written observations that the body coordinating the system of state inspection services and the system of trade union inspection services has not met for some time. It is vital to relaunch the operation of this body in order to ensure sound cooperation between these two inspection services and to ensure their effectiveness.

We also call on Tajikistan to engage fully in the achievement of outcome 2.2 of its Decent Work Country Programme established in collaboration with the ILO, which applies for the period 2020–24, namely the effectiveness of the labour inspection is increased.

While the existence of trade union inspection services does not exonerate the Government from establishing state inspection services that are fully competent and with the necessary resources for their action, in conformity with the Convention, we can only share the position of the spokesperson of the Employers’ group that it would be incompatible with the Convention to entrust labour inspection functions to the trade unions, in addition to the state inspection services.

The Government must ensure in future that the central inspection authority publishes within a reasonable period an annual report, which also has to be transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention. The Government should also provide the ILO with all the reports of its central inspection authority from previous years, which have not yet been communicated.

For the implementation of these recommendations, we also call on Tajikistan to ensure the full involvement of the social partners.

In general terms, we are bound to regret the lack of information provided in good time by the Government, which inevitably complicates the work of the ILO supervisory bodies. We therefore call on the Government to ensure, in general, compliance with its constitutional obligations in relation to the ILO and to provide all the information requested in good time. More specifically, we ask the Government to provide full information in good time on the powers of labour inspectors to take measures to eliminate hazards to the health and safety of workers, and statistics in this regard. We also request it to provide full information in good time on the state inspection services, with regard to their relations with trade union inspection services, their respective competences, the status of labour inspectors, sources of financing, the coordination of state inspection services with trade union inspection services, and the respective numbers of inspectors in these services.

With a view to ensuring the effective implementation of all these recommendations, we invite the Government to accept an ILO technical mission within the framework of the ILO technical assistance that is already being provided to Tajikistan.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

The Committee regretted the failure of the Government to report in compliance with the Convention to the Committee of Experts.

Recalling the fundamental role of labour inspection in achieving decent work and in protecting workers rights, the Committee noted with deep concern the long-standing issues regarding compliance with the Convention.

Taking into account the discussion, the Committee urges the Government of Tajikistan to:

• take all necessary measures to ensure that no moratorium or other restrictions of this nature on labour inspections be placed in the future;
• provide information on the developments regarding labour inspections, including on the number of inspection visits undertaken by the labour inspectors, disaggregated by type of inspections and by sectors;
• take all necessary legislative measures to ensure that labour inspectors are empowered to make visits without previous notice, and that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions and to guarantee the powers of the state inspectorate in line with the Convention;
• revive the functioning of the Council for the Coordination of the Activities of Inspection Bodies so as to ensure the effectiveness and the efficiency of both labour inspectorates;
• implement the outcome 2.2 of the Decent Work Country Programme 2020–2024, in order to increase the effectiveness of the labour inspection;
• publish reports on the work of the inspection services and transmit those reports to the ILO in line with Articles 19 and 20 of the Convention; and
• involve the social partners in implementing those recommendations.

The Committee urges the Government to fulfil its reporting obligations under the Convention.

The Committee invites the Government to accept an ILO technical advisory mission within the framework of the ongoing technical assistance of the ILO in Tajikistan.

Interpretation from Russian: Government representative – We would like to thank you for giving us the chance to take the floor. At the beginning of May, consultations were carried out with the ILO, with the relevant Ministry of Tajikistan, relating to the Committee of Experts’ comments.

The replies relating to the Convention were prepared by us and on 24 May we sent them to the Committee. They contain crucial information on the statistics and social partners’ activities. Later, in the Committee, we listened to the discussion on the case, and a series of recommendations were made consequently.

We will continue working on the basis of your comments and recommendations with regard to the preparation of our annual report. Previously, the responsibility came under a separate Ministry. We have noted the comments made in relation to the publication of reports on the work of labour inspection services. At the moment, these issues are being discussed and in the future the full report will be forwarded to the Committee of Experts. It has already been published on the website with comments relating to the moratorium. The temprary moratorium was stopped this year indefinitely, and with regard to future labour inspections, further information will be provided.

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