Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (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.