Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Further to its previous comments, the Committee notes the amendment of sections 108 and 109 of the Labour Code (Act No. 26 of 17 May 2004 (Text No. 337)) which now give effect to Articles 3, 4, 5, 10 and 13 of the Convention.

Articles 1, 6, 7, 9 and 15, subparagraphs (c) and (d), of the Convention. Definition of the term “wages” – Freedom of workers to dispose of their wages – Works stores – Payment for the purpose of obtaining or retaining employment – Sanctions and record-keeping. The Committee notes that the Government’s report is silent on these matters. It therefore once more requests the Government to indicate how effect is given to these Articles of the Convention in law and practice and to transmit any relevant legal texts which may not have been previously provided.

Article 8. Deductions from wages. The Committee notes that under section 109(4) of the Labour Code, as amended, the employer is obliged to make deductions from the wage of the worker at his/her request made in writing in order to carry out non-cash settlements. To the extent that this provision appears to authorize wage deductions with the worker’s consent, the Committee is bound to recall that, under Article 8(1) of the Convention, the types and extent of permissible deductions must be prescribed by national laws or regulations or fixed by collective agreement or arbitration award and not by individual agreements. In this connection, the Committee refers to paragraph 217 of its General Survey of 2003 on the protection of wages, in which it noted that Article 8(1) of the Convention makes exclusive reference to national laws or regulations, collective agreements and arbitration awards as being the only valid legal bases for effecting deductions from wages, the aim being clearly to exclude “private” arrangements which might involve unlawful or abusive deductions to the detriment of the worker’s earnings. The Committee therefore considers that provisions of national legislation which permit deductions by virtue of individual agreements or consent are not compatible with this Article of the Convention. The Committee would appreciate receiving further clarifications as to the exact purpose and object of section 109(4) of the Labour Code.

Article 12, paragraph 2. Regular payment of wages. The Committee notes with concern the latest information provided by the Government concerning the situation of wage arrears experienced in the national economy. According to official data published by the State Statistical Committee, as of December 2008, the overall wage debt amounted to 20.9 million Tajikistan somoni (approximately US$4.8 million). Wage arrears increased in all spheres of non-material production, especially in the fields of science and health, where unpaid wages increased by 7.3 and 4.8 times, respectively. The sectors which are mostly affected by wage arrears are agriculture (65 per cent of the total amount of the wage debt), industry (15.5 per cent) and construction (6.2 per cent). The Committee requests the Government to provide in its next report up to date information on the nature and extent of the persistent difficulties concerning the timely payment of wages and the measures or initiatives taken in order to settle all outstanding payments. The Committee would appreciate receiving detailed information on the total amount of wage arrears, the sectors of economic activity and number of workers affected, the average delay in the payment of wages and any negotiated timetable for the reimbursement of the wage sums in question.

Article 14, subparagraph (b). Wage statements. The Committee notes that, according to the Government’s report, measures have been taken to give effect to the requirements of this Article of the Convention, but no concrete information has been provided in this regard. The Committee requests the Government to specify how it is ensured in law and practice that workers are informed at the time of each payment of wages of the particulars of their wages for the pay period concerned (for example, by means of payslips).

Part V of the report form. Application in practice. The Committee requests the Government to supply up to date information on the practical application of the Convention, including, for example, extracts of official reports or statistical information on inspection visits and results obtained. It also requests the Government to provide detailed particulars on the evolution of the situation with respect to accumulated wage arrears, both in the public and private sectors and of any concrete measures – legislative, administrative or others – taken to ensure the payment of wages on time and in full.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Article 1 of the Convention. Further to its previous comment, the Committee notes that the Labour Code contains no general definition of the term “wages” similar to that given in article 27 of the Civil Service Act, which provides that wages of state officials include the basic salary, pay supplements (for instance, allowances for length of service or scientific qualifications), and bonuses based on performance. It recalls that the Convention refers to wages as covering all remuneration or earnings, however designated or calculated, including any allowances or benefits payable to the worker by virtue of a written or unwritten contract of employment. The Committee requests the Government to specify how the term “wages” is construed in national legislation and also to indicate any relevant legislative provisions.

Article 3. The Committee notes that the national labour legislation contains no specific provision requiring wages to be paid only in legal tender and also prohibiting the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender. The Committee asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 4. The Committee notes that, under section 101 of the Labour Code, a part of the wage to be agreed upon between the parties may be paid in the form of allowances in kind, but no specific conditions are prescribed for such payment. It therefore requests the Government to indicate the measures taken or envisaged to ensure that: (i) partial payment in kind is only authorized in those industries or occupations in which such payment is customary or desirable; (ii) wage payment in the form of alcoholic drinks or noxious drugs is not permitted in any circumstances; (iii) allowances in kind are appropriate for the personal use and benefit of the worker and his/her family; and (iv) the value attributed to such allowances is fair and reasonable. Moreover, the Committee recalls that according to the terms of the Convention, the conditions and extent of payment in kind should be prescribed by national laws or regulations, collective agreements or arbitration awards and not by individual agreement. The Committee hopes that the Government will take the necessary measures to bring the national legislation into closer conformity with the requirements of the Convention in this respect.

Article 5. The Committee requests the Government to indicate the measures taken or contemplated to ensure that wages are paid directly to the worker concerned.

Article 6. Recalling that this Article requires an appropriate legislative provision specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages, the Committee again asks the Government to indicate the measures taken or contemplated to give effect to the Convention in this regard.

Article 7. Further to its previous comment, the Committee again requests the Government to indicate whether works stores or services exist in practice, and if so, to specify what measures have been taken to ensure that: (i) workers are free from coercion to use them; (ii) the goods are sold and services provided at fair prices; and (iii) the system is not operated for profit but for the benefit of the workers concerned.

Article 8. The Committee notes that section 109 of the Labour Code allows for deductions from wages to be made with the written consent of the employee. The Committee is bound to recall, however, that under this Article of the Convention, the types and extent of permissible deductions should be prescribed by national laws or regulations or fixed by collective agreements or arbitration awards and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted with the worker’s written consent.

Article 9. The Committee recalls that the Convention requires in this regard a provision explicitly prohibiting any deduction from wages with a view to ensure a direct or indirect payment made by a worker to an employer for the purpose of obtaining or retaining employment. It asks the Government to indicate the measures taken to give effect to this provision.

Article 10. Further to its previous comment, the Committee again requests the Government to provide information on the conditions and limits prescribed by national legislation for the attachment or assignment of wages.

Article 13. The Committee requests the Government to indicate the measures taken to ensure that: (i) wages are paid at or near the workplace; and (ii) payment is not carried out in taverns and other similar establishments, or in retail stores and places of amusement.

Article 14(b). The Committee requests the Government to indicate the measures taken or envisaged to ensure that workers are informed at the time of each payment of wages of the particulars of their wages for the pay period concerned.

Article 15(c) and (d). The Committee asks the Government to supply information on the penalties prescribed for any violation of the legislative provisions giving effect to the Convention and also to specify the laws or regulations providing for the maintenance of adequate records in accordance with this Article.

Part V of the report form. The Committee asks the Government to supply detailed information on the practical application of the Convention, including, for example, extracts of official reports or statistical information on inspection visits. It also asks the Government to keep it informed of the evolution of the situation with respect to wage arrears and of any concrete measures taken for the application in practice of Article 12(1) of the Convention concerning the regular payment of wages.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 the adoption of the new Labour Code of 15 May 1997 (Text No. 417) and the Civil Service Act of 13 November 1998 (Text No. 677). It requests the Government to supply more detailed information on the following points.

Article 1 of the Convention. Further to its previous comment, the Committee notes that the new Labour Code contains no general definition of the term "wages" similar to that given in article 27 of the Civil Service Act, which provides that wages of state officials include the basic salary, pay supplements (for instance, allowances for length of service or scientific qualifications), and bonuses based on performance. It recalls that the Convention refers to wages as covering all remuneration or earnings, however designated or calculated, including any allowances or benefits payable to the worker by virtue of a written or unwritten contract of employment. The Committee requests the Government to specify how the term "wages" is construed in national legislation and also to indicate any relevant legislative provisions.

Article 3. The Committee notes that the national labour legislation contains no specific provision requiring wages to be paid only in legal tender and also prohibiting the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender. The Committee asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 4. The Committee notes that, under section 101 of the Labour Code, a part of the wage to be agreed upon between the parties may be paid in the form of allowances in kind, but no specific conditions are prescribed for such payment. It therefore requests the Government to indicate the measures taken or envisaged to ensure that: (i) partial payment in kind is only authorized in those industries or occupations in which such payment is customary or desirable; (ii) wage payment in the form of alcoholic drinks or noxious drugs is not permitted in any circumstances; (iii) allowances in kind are appropriate for the personal use and benefit of the worker and his/her family; and (iv) the value attributed to such allowances is fair and reasonable. Moreover, the Committee recalls that according to the terms of the Convention, the conditions and extent of payment in kind should be prescribed by national laws or regulations, collective agreements or arbitration awards and not by individual agreement. The Committee hopes that the Government will take the necessary measures to bring the national legislation into closer conformity with the requirements of the Convention in this respect.

Article 5. The Committee requests the Government to indicate the measures taken or contemplated to ensure that wages are paid directly to the worker concerned.

Article 6. Recalling that this Article requires an appropriate legislative provision specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages, the Committee again asks the Government to indicate the measures taken or contemplated to give effect to the Convention in this regard.

Article 7. Further to its previous comment, the Committee again requests the Government to indicate whether works stores or services exist in practice, and if so, to specify what measures have been taken to ensure that: (i) workers are free from coercion to use them; (ii) the goods are sold and services provided at fair prices; and (iii) the system is not operated for profit but for the benefit of the workers concerned.

Article 8. The Committee notes that section 109 of the Labour Code allows for deductions from wages to be made with the written consent of the employee. The Committee is bound to recall, however, that under this Article of the Convention, the types and extent of permissible deductions should be prescribed by national laws or regulations or fixed by collective agreements or arbitration awards and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted with the worker’s written consent.

Article 9. The Committee recalls that the Convention requires in this regard a provision explicitly prohibiting any deduction from wages with a view to ensure a direct or indirect payment made by a worker to an employer for the purpose of obtaining or retaining employment. It asks the Government to indicate the measures taken to give effect to this provision.

Article 10. Further to its previous comment, the Committee again requests the Government to provide information on the conditions and limits prescribed by national legislation for the attachment or assignment of wages.

Article 13. The Committee requests the Government to indicate the measures taken to ensure that: (i) wages are paid at or near the workplace; and (ii) payment is not carried out in taverns and other similar establishments, or in retail stores and places of amusement.

Article 14(b). The Committee requests the Government to indicate the measures taken or envisaged to ensure that workers are informed at the time of each payment of wages of the particulars of their wages for the pay period concerned.

Article 15(c) and (d). The Committee asks the Government to supply information on the penalties prescribed for any violation of the legislative provisions giving effect to the Convention and also to specify the laws or regulations providing for the maintenance of adequate records in accordance with this Article.

Part V of the report form. The Committee asks the Government to supply detailed information on the practical application of the Convention, including, for example, extracts of official reports or statistical information on inspection visits. It also asks the Government to keep it informed of the evolution of the situation with respect to wage arrears and of any concrete measures taken for the application in practice of Article 12(1) of the Convention concerning the regular payment of wages.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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 the adoption of the new Labour Code of 15 May 1997 (Text No. 417) and the Civil Service Act of 13 November 1998 (Text No. 677). It requests the Government to supply more detailed information on the following points.

Article 1 of the Convention. Further to its previous comment, the Committee notes that the new Labour Code contains no general definition of the term "wages" similar to that given in article 27 of the Civil Service Act, which provides that wages of state officials include the basic salary, pay supplements (for instance, allowances for length of service or scientific qualifications), and bonuses based on performance. It recalls that the Convention refers to wages as covering all remuneration or earnings, however designated or calculated, including any allowances or benefits payable to the worker by virtue of a written or unwritten contract of employment. The Committee requests the Government to specify how the term "wages" is construed in national legislation and also to indicate any relevant legislative provisions.

Article 3. The Committee notes that the national labour legislation contains no specific provision requiring wages to be paid only in legal tender and also prohibiting the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender. The Committee asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 4. The Committee notes that, under section 101 of the Labour Code, a part of the wage to be agreed upon between the parties may be paid in the form of allowances in kind, but no specific conditions are prescribed for such payment. It therefore requests the Government to indicate the measures taken or envisaged to ensure that: (i) partial payment in kind is only authorized in those industries or occupations in which such payment is customary or desirable; (ii) wage payment in the form of alcoholic drinks or noxious drugs is not permitted in any circumstances; (iii) allowances in kind are appropriate for the personal use and benefit of the worker and his/her family; and (iv) the value attributed to such allowances is fair and reasonable. Moreover, the Committee recalls that according to the terms of the Convention, the conditions and extent of payment in kind should be prescribed by national laws or regulations, collective agreements or arbitration awards and not by individual agreement. The Committee hopes that the Government will take the necessary measures to bring the national legislation into closer conformity with the requirements of the Convention in this respect.

Article 5. The Committee requests the Government to indicate the measures taken or contemplated to ensure that wages are paid directly to the worker concerned.

Article 6. Recalling that this Article requires an appropriate legislative provision specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages, the Committee again asks the Government to indicate the measures taken or contemplated to give effect to the Convention in this regard.

Article 7. Further to its previous comment, the Committee again requests the Government to indicate whether works stores or services exist in practice, and if so, to specify what measures have been taken to ensure that: (i) workers are free from coercion to use them; (ii) the goods are sold and services provided at fair prices; and (iii) the system is not operated for profit but for the benefit of the workers concerned.

Article 8. The Committee notes that section 109 of the Labour Code allows for deductions from wages to be made with the written consent of the employee. The Committee is bound to recall, however, that under this Article of the Convention, the types and extent of permissible deductions should be prescribed by national laws or regulations or fixed by collective agreements or arbitration awards and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted with the worker’s written consent.

Article 9. The Committee recalls that the Convention requires in this regard a provision explicitly prohibiting any deduction from wages with a view to ensure a direct or indirect payment made by a worker to an employer for the purpose of obtaining or retaining employment. It asks the Government to indicate the measures taken to give effect to this provision.

Article 10. Further to its previous comment, the Committee again requests the Government to provide information on the conditions and limits prescribed by national legislation for the attachment or assignment of wages.

Article 13. The Committee requests the Government to indicate the measures taken to ensure that: (i) wages are paid at or near the workplace; and (ii) payment is not carried out in taverns and other similar establishments, or in retail stores and places of amusement.

Article 14(b). The Committee requests the Government to indicate the measures taken or envisaged to ensure that workers are informed at the time of each payment of wages of the particulars of their wages for the pay period concerned.

Article 15(c) and (d). The Committee asks the Government to supply information on the penalties prescribed for any violation of the legislative provisions giving effect to the Convention and also to specify the laws or regulations providing for the maintenance of adequate records in accordance with this Article.

Part V of the report form. The Committee asks the Government to supply detailed information on the practical application of the Convention, including, for example, extracts of official reports or statistical information on inspection visits. It also asks the Government to keep it informed of the evolution of the situation with respect to wage arrears and of any concrete measures taken for the application in practice of Article 12(1) of the Convention concerning the regular payment of wages.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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 notes the Government’s report as well as the adoption of the new Labour Code of 15 May 1997 (Text No. 417) and the Civil Service Act of 13 November 1998 (Text No. 677). It requests the Government to supply more detailed information on the following points.

Article 1 of the Convention. Further to its previous comment, the Committee notes that the new Labour Code contains no general definition of the term "wages" similar to that given in article 27 of the Civil Service Act, which provides that wages of state officials include the basic salary, pay supplements (for instance, allowances for length of service or scientific qualifications), and bonuses based on performance. It recalls that the Convention refers to wages as covering all remuneration or earnings, however designated or calculated, including any allowances or benefits payable to the worker by virtue of a written or unwritten contract of employment. The Committee requests the Government to specify how the term "wages" is construed in national legislation and also to indicate any relevant legislative provisions.

Article 3. The Committee notes that the national labour legislation contains no specific provision requiring wages to be paid only in legal tender and also prohibiting the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender. The Committee asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 4. The Committee notes that, under section 101 of the Labour Code, a part of the wage to be agreed upon between the parties may be paid in the form of allowances in kind, but no specific conditions are prescribed for such payment. It therefore requests the Government to indicate the measures taken or envisaged to ensure that: (i) partial payment in kind is only authorized in those industries or occupations in which such payment is customary or desirable; (ii) wage payment in the form of alcoholic drinks or noxious drugs is not permitted in any circumstances; (iii) allowances in kind are appropriate for the personal use and benefit of the worker and his/her family; and (iv) the value attributed to such allowances is fair and reasonable. Moreover, the Committee recalls that according to the terms of the Convention, the conditions and extent of payment in kind should be prescribed by national laws or regulations, collective agreements or arbitration awards and not by individual agreement. The Committee hopes that the Government will take the necessary measures to bring the national legislation into closer conformity with the requirements of the Convention in this respect.

Article 5. The Committee requests the Government to indicate the measures taken or contemplated to ensure that wages are paid directly to the worker concerned.

Article 6. Recalling that this Article requires an appropriate legislative provision specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages, the Committee again asks the Government to indicate the measures taken or contemplated to give effect to the Convention in this regard.

Article 7. Further to its previous comment, the Committee again requests the Government to indicate whether works stores or services exist in practice, and if so, to specify what measures have been taken to ensure that: (i) workers are free from coercion to use them; (ii) the goods are sold and services provided at fair prices; and (iii) the system is not operated for profit but for the benefit of the workers concerned.

Article 8. The Committee notes that section 109 of the Labour Code allows for deductions from wages to be made with the written consent of the employee. The Committee is bound to recall, however, that under this Article of the Convention, the types and extent of permissible deductions should be prescribed by national laws or regulations or fixed by collective agreements or arbitration awards and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted with the worker’s written consent.

Article 9. The Committee recalls that the Convention requires in this regard a provision explicitly prohibiting any deduction from wages with a view to ensure a direct or indirect payment made by a worker to an employer for the purpose of obtaining or retaining employment. It asks the Government to indicate the measures taken to give effect to this provision.

Article 10. Further to its previous comment, the Committee again requests the Government to provide information on the conditions and limits prescribed by national legislation for the attachment or assignment of wages.

Article 13. The Committee requests the Government to indicate the measures taken to ensure that: (i) wages are paid at or near the workplace; and (ii) payment is not carried out in taverns and other similar establishments, or in retail stores and places of amusement.

Article 14(b). The Committee requests the Government to indicate the measures taken or envisaged to ensure that workers are informed at the time of each payment of wages of the particulars of their wages for the pay period concerned.

Article 15(c) and (d). The Committee asks the Government to supply information on the penalties prescribed for any violation of the legislative provisions giving effect to the Convention and also to specify the laws or regulations providing for the maintenance of adequate records in accordance with this Article.

Part V of the report form. The Committee asks the Government to supply detailed information on the practical application of the Convention, including, for example, extracts of official reports or statistical information on inspection visits. It also asks the Government to keep it informed of the evolution of the situation with respect to wage arrears and of any concrete measures taken for the application in practice of Article 12(1) of the Convention concerning the regular payment of wages.

[The Government is asked to reply in detail to the present comments in 2003.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report as well as the adoption of the new Labour Code of 15 May 1997 (Text No. 417) and the Civil Service Act of 13 November 1998 (Text No. 677). It requests the Government to supply more detailed information on the following points.

Article 1 of the Convention. Further to its previous comment, the Committee notes that the new Labour Code contains no general definition of the term "wages" similar to that given in article 27 of the Civil Service Act, which provides that wages of state officials include the basic salary, pay supplements (for instance, allowances for length of service or scientific qualifications), and bonuses based on performance. It recalls that the Convention refers to wages as covering all remuneration or earnings, however designated or calculated, including any allowances or benefits payable to the worker by virtue of a written or unwritten contract of employment. The Committee requests the Government to specify how the term "wages" is construed in national legislation and also to indicate any relevant legislative provisions.

Article 3. The Committee notes that the national labour legislation contains no specific provision requiring wages to be paid only in legal tender and also prohibiting the payment of wages in the form of promissory notes, vouchers or coupons, or in any other form alleged to represent legal tender. The Committee asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 4. The Committee notes that, under section 101 of the Labour Code, a part of the wage to be agreed upon between the parties may be paid in the form of allowances in kind, but no specific conditions are prescribed for such payment. It therefore requests the Government to indicate the measures taken or envisaged to ensure that: (i) partial payment in kind is only authorized in those industries or occupations in which such payment is customary or desirable; (ii) wage payment in the form of alcoholic drinks or noxious drugs is not permitted in any circumstances; (iii) allowances in kind are appropriate for the personal use and benefit of the worker and his/her family; and (iv) the value attributed to such allowances is fair and reasonable. Moreover, the Committee recalls that according to the terms of the Convention, the conditions and extent of payment in kind should be prescribed by national laws or regulations, collective agreements or arbitration awards and not by individual agreement. The Committee hopes that the Government will take the necessary measures to bring the national legislation into closer conformity with the requirements of the Convention in this respect.

Article 5. The Committee requests the Government to indicate the measures taken or contemplated to ensure that wages are paid directly to the worker concerned.

Article 6. Recalling that this Article requires an appropriate legislative provision specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages, the Committee again asks the Government to indicate the measures taken or contemplated to give effect to the Convention in this regard.

Article 7. Further to its previous comment, the Committee again requests the Government to indicate whether works stores or services exist in practice, and if so, to specify what measures have been taken to ensure that: (i) workers are free from coercion to use them; (ii) the goods are sold and services provided at fair prices; and (iii) the system is not operated for profit but for the benefit of the workers concerned.

Article 8. The Committee notes that section 109 of the Labour Code allows for deductions from wages to be made with the written consent of the employee. The Committee is bound to recall, however, that under this Article of the Convention, the types and extent of permissible deductions should be prescribed by national laws or regulations or fixed by collective agreements or arbitration awards and not by individual agreements. It therefore requests the Government to consider the adoption of suitable measures to specify the types and extent of deductions permitted with the worker’s written consent.

Article 9. The Committee recalls that the Convention requires in this regard a provision explicitly prohibiting any deduction from wages with a view to ensure a direct or indirect payment made by a worker to an employer for the purpose of obtaining or retaining employment. It asks the Government to indicate the measures taken to give effect to this provision.

Article 10. Further to its previous comment, the Committee again requests the Government to provide information on the conditions and limits prescribed by national legislation for the attachment or assignment of wages.

Article 13. The Committee requests the Government to indicate the measures taken to ensure that: (i) wages are paid at or near the workplace; and (ii) payment is not carried out in taverns and other similar establishments, or in retail stores and places of amusement.

Article 14(b). The Committee requests the Government to indicate the measures taken or envisaged to ensure that workers are informed at the time of each payment of wages of the particulars of their wages for the pay period concerned.

Article 15(c) and (d). The Committee asks the Government to supply information on the penalties prescribed for any violation of the legislative provisions giving effect to the Convention and also to specify the laws or regulations providing for the maintenance of adequate records in accordance with this Article.

Part V of the report form. The Committee asks the Government to supply detailed information on the practical application of the Convention, including, for example, extracts of official reports or statistical information on inspection visits. It also asks the Government to keep it informed of the evolution of the situation with respect to wage arrears and of any concrete measures taken for the application in practice of Article 12(1) of the Convention concerning the regular payment of wages.

[The Government is asked to report in detail in 2002.]

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in its report. It requests the Government to continue to indicate any change in the legislation which gives effect to the provisions of the Convention. Furthermore, the Committee requests the Government to supply more detailed information on the following points.

Articles 1 and 2 of the Convention. The Committee requests the Government to indicate the definition of "wages" in the national legislation which protects payment of wages. It also requests it to supply information on special measures, if any, concerning protection of wages for specific categories of workers.

Article 6. The Committee requests the Government to indicate the measures taken in order to prohibit employers from limiting the freedom of the worker to dispose of his or her wages.

Article 7. The Committee requests the Government to indicate if in practice there exist works stores or services established by the employer and, if there are any, to provide information on the measures taken to apply the provisions of this Article.

Article 10. The Committee requests the Government to indicate the conditions and limits prescribed by the national legislation for wages to be attached or assigned.

Article 11. The Committee requests the Government to indicate the measures taken to ensure that in the event of the bankruptcy or judicial liquidation of an undertaking, workers shall be treated as privileged creditors in regard to their wages in accordance with this Article.

Article 15(c). The Committee requests the Government to provide information on the penalties prescribed for any violation of the legislative provisions giving effect to this Convention.

Finally, the Committee notes the Government's statement that during the period in question (to the end of June 1994), there have been certain difficulties in applying the Convention because of late payment of wages in several branches amounting at times to several months. It notes that the Government considers that this situation is explained by the political climate of the country and the present economic problems and that it is taking measures to overcome these difficulties, in particular, measures to improve the general economic situation and for Tajikistan to become a member of the rouble area. The Committee recalls that regular payment of wages is one of the principles laid down in this Convention (Article 12), and requests the Government to continue to supply information on this matter.