Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 81) sur l'inspection du travail, 1947 - Tadjikistan (Ratification: 2009)

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2021.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

The Committee notes the 2021 conclusions of the Committee on the Application of Standards (Conference Committee) on the application of Convention No. 81 by Tajikistan, which urged the Government 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 outcome 2.2 of the Decent Work Country Programme 2020–24, 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.

In addition, the Conference Committee invited the Government to accept an ILO technical advisory mission within the framework of the ongoing technical assistance in the country.

In this regard, the Committee welcomes the communication from the Ministry of Labour, Migration and Employment in September 2021, indicating its readiness to receive, in the first quarter of 2022, the ILO technical advisory mission called for by the Conference Committee. The Committee expects that all outstanding issues will be addressed in the framework of the mission.

Articles 3, 4, 5(b), 17 and 18 of the Convention. Operation of the labour inspection system under the supervision and control of a central authority. Duality of inspection functions assumed by state and trade union labour inspectors. The Committee previously requested the Government to clarify the relationship between the State Inspection Service for Labour, Migration and Employment (SILME) and the trade union inspectorate established by the Federation of Independent Trade Unions. It also requested information on the modalities in place to ensure effective cooperation between both inspectorates, and on the relationship between those inspectorates and the Council for the Coordination of the Activities of Inspection Bodies. In this context, the Committee notes that, according to the Government’s report, the SILME is under the supervision and control of the Prosecutor General’s Office of the Republic of Tajikistan, and that it has official cooperation channels established with prosecution agencies, executive government authorities, local government authorities and financial bodies. The Committee also notes from the information provided by the Government that the Council for the Coordination of the Activities of Inspection Bodies appears to play both a coordinating role between the SILME and the trade union inspectorate, and a role akin to supervision over the SILME. For instance, pursuant to section 6 of the Law on Inspections of Economic Entities No. 1269 (Law No. 1269), as last amended in 2020, the remit of this Council includes reviewing annual inspection body reports, with an annual assessment of the effectiveness and efficiency of inspections, and ensuring that inspection bodies comply with inspection rules. The Committee further notes that, according to sections 29 and 37 of Law No. 1269 and to information provided by the Government, the SILME is required to report to multiple bodies, including the Council for the Coordination of the Activities of Inspection Bodies, and the Prosecutor General’s Office. Regarding the trade union inspectorate, the Committee notes the Government’s indication that the rights and obligations of trade union inspectorates are defined in the Labour Code, the Trade Unions Act and the Regulations on the Trade Union Labour Inspectorate, approved by a decision of the General Council Executive Committee of the Federation of Independent Trade Unions. The Government indicates that representatives of the Federation of Independent Trade Unions and the trade union inspectorate participate actively in initiatives of the Ministry of Labour, Migration and Employment and of the SILME relating to improved cooperation between labour inspectorates, and that these bodies regularly exchange information, including through roundtable events, seminars and conferences. The Government also refers to the role of the Council for the Coordination of the Activities of Inspection Bodies to increase the effectiveness of cooperation between both inspectorates, and indicates that the Council has met annually to coordinate the activities of the inspectorates. In this regard, the Committee notes with interest the Government’s indication that measures adopted in June 2021 have allowed the Council to resume its work. The Committee requests the Government to provide further information on the manner in which the activities of the SILME are supervised and controlled, including on the setting and review of priorities by the Council for the Coordination of the Activities of Inspection Bodies and the role of the Prosecutor General’s Office. It also requests the Government to provide further information on the manner in which the trade union inspectorate, which operates under the direction of the executive boards of national and regional trade union committees, defines its priorities of action in practice, including examples of how the trade union inspectorate coordinates its activities with those of the SILME and examples of how it operates independently of the SILME.

Articles 6, 10 and 11. Status and conditions of service of labour inspectors. Number of labour inspectors and material means at their disposal. The Committee previously requested information on the status and conditions of service of state labour inspectors, on the sources of funding for the trade union labour inspectorate, as well as on the numbers of labour inspectors in both inspectorates, and the material means at their disposal. Regarding the SILME, the Committee takes due note of the Government’s indication that labour inspectors are civil servants, whose status and conditions of service are guaranteed under the Civil Service Act, which provides them with stability of employment. The Government maintains that, in accordance with this Act, wages, wage adjustments and annual pay rises of not less than 15–20 per cent for labour inspectors are determined by presidential decree, and that effective social protection measures are guaranteed under national legislation. The Committee also notes that, according to the Government, staff turnover at the SILME is one of the lowest among state bodies. In this respect, the Committee notes that there are 60 labour inspectors in the SILME as of July 2021 (with 28 in the central office and 32 in regional offices), and that the SILME also has 33 support staff. In addition, the Committee notes the detailed information provided by the Government on the material means at the disposal of the SILME, in terms of IT and other equipment, internet access and transportation. Nevertheless, the Committee observes that, pursuant to section 37(1) of Law No. 1269, the performance of an inspection body official conducting an inspection shall be assessed based on criteria which includes feedback from the inspected economic entity regarding the inspection body official.

With regard to the trade union inspectorate, the Committee notes that pursuant to sections 1.7 and 1.8 of the Regulations on the Trade Union Inspectorate, chief inspectors are dismissed and appointed by the board of trade union bodies, and the funding of the inspectorate is provided from trade union funds and other sources not prohibited by legislation. In this respect, the Committee notes the observations of the ITUC, which refer to the decrease in the number of trade union labour inspectors in 2021 to 24 (from 28 in 2020, and 36 in 2018), and which note that information on the sources of funding for trade union inspection services is still very limited. The Committee requests the Government to provide its comments in respect of the observations of the ITUC. It also requests the Government to indicate how the independence of labour inspectors is ensured in practice, in respect of the requirement that the performance of an inspection body official be assessed based on criteria including feedback from economic entities. In addition, the Committee requests the Government to take measures to improve the situation with respect to the funding for and the number of trade union labour inspectors, and to provide further information on the material means at their disposal in practice.

Articles 12 and 16. Powers of labour inspectors. 1. Moratorium on inspections. Following its previous comments on this matter, the Committee takes due note of the Government’s indication that the moratorium on inspection has expired on 1 January 2021. The Committee notes that, according to the Government, the labour inspectorate now works according to its normal schedule, and labour inspectors decide on the frequency of inspection visits, based on the information available on the status of enterprises’ compliance with labour regulations. The Committee also notes in this regard that the annual report on the work of the labour inspectorate covering the period 2020–21 (Annual Report on Labour Inspection 2020–21) provides detailed statistics on the number of inspection visits carried out by the SILME in the reporting period, disaggregated by sector. Taking due note of these developments, the Committee expects that no moratorium of this nature will be placed on labour inspection in the future. It requests the Government to continue to provide statistics on the number of inspection visits undertaken by the SILME, disaggregated by type of inspections (scheduled, unscheduled, additional, or follow-up) and by sectors.

2. Other restrictions on the powers of labour inspectors. The Committee previously noted with concern the restrictions in Law No. 1269 on the power of inspectors, including with regard to: (i) frequency of inspections (section 22); (ii) duration of inspections (section 26); (iii) the ability of labour inspectors to undertake inspection visits without previous notice (sections 16, 19, 21 and 24); and (iv) the scope of inspections (section 25). The Committee notes with concern that the restrictions under Law No. 1269 appear to be still in force. However, according to the Government, these restrictions do not apply to trade union labour inspectors. The Government also indicates that labour inspectors in the SILME can make inspection visits without previous notice in exceptional cases, when there is information on serious violations of standards that threaten workers’ lives and health, or when responding to submitted complaints, claims or enquiries, and provided that the Council for the Coordination of the Activities of Inspection Bodies is notified. The ITUC observations underline in this regard that the requirements of Articles 12 and 16 of the Convention should apply to all labour inspectors, and that it is therefore necessary to restore the powers of state labour inspectors fully, to ensure compliance with the Convention. In this respect, the Committee notes the Government’s statement that the SILME has communicated the position of its leadership to the Council for the Coordination of the Activities of Inspection Bodies regarding strict compliance with the requirements of the Convention. The Committee also welcomes the Government’s indication that a protocol-resolution of the Council has assigned to the Ministry of Justice, the Committee for State Property Investment and Management, and other relevant governmental agencies, the task to consider this matter and submit the necessary proposals to harmonize the relevant legislation. In addition, the Government refers to the existence of a due diligence checklist for inspections, compiled by SILME specialists, which formalizes the wide-ranging powers of labour inspectors to conduct unscheduled, surprise, targeted and verification inspections. With reference to its general observation of 2019 on the labour inspection Conventions, the Committee urges the Government to pursue its efforts and continue to take all the necessary measures to bring its national legislation into full conformity with Articles 12 and 16 of the Convention. It requests the Government to continue to provide information on the measures taken and the developments in this regard, and to communicate a copy of the due diligence checklist established by the SILME for inspections. In addition, the Committee requests the Government to provide statistics regarding the number of inspection visits undertaken by labour inspectors of the SILME without previous notice, as compared to inspection visits undertaken with prior notice, and similar statistics regarding inspections undertaken by trade union labour inspectors.

Article 13. Preventive measures in the event of a danger to the safety and health of workers. The Committee previously requested information on the application in practice of Article 13 of the Convention and of inspectors’ temporary suspension powers under section 30 of Law No. 1269 related to occupational safety and health (OSH). In this regard, the Committee notes that the Government does not provide information regarding the application of section 30 of Law No. 1269, but refers to the application of section 3(7) of the Regulations of the SILME, approved by Government Decision No. 299 of 3 May 2014, as amended in 2020 (SILME Regulations). Section 3(7) of the SILME Regulations provides that the SILME has the authority to: (i) suspend the activities of organizations, production sites and individual entrepreneurs in accordance with national laws, when activities jeopardize employees’ lives and health and until OSH infringements are addressed; and (ii) prohibit the use of non-compliant work clothes and footwear, and personal protective equipment. The Committee notes the Government’s indication that, in 2020 and the first semester of 2021, labour inspectors of the SILME have halted the activities of enterprises, production sites and sole trader industrial plants in 95 instances, until the violations had been remedied and the inspectors’ regulatory requirements had been implemented. The Annual Report on Labour Inspection 2020–21 also contains statistics on the reports issued by the SILME containing instructions to remedy infringements of standards on protection of workers, in connection with plans for the construction of new industrial facilities, for the renovation of industrial facilities, and for the installation of machinery, mechanisms and other industrial equipment. The Committee notes the Government’s indication that trade union labour inspectors have the right to impose a suspension of work in the event of a threat to workers’ lives. Pursuant to Part II of the Regulations on the Trade Union Inspectorate, the trade union labour inspectors also have the right to issue orders for employers to eliminate detected violations of labour protection requirements, execution of which is obligatory. The Committee requests the Government to provide statistics regarding the application in practice of trade union labour inspectors’ powers to suspend work in the event of a threat to workers’ lives, and to issue orders for employers to eliminate detected violations of labour protection requirements.

Articles 20 and 21. Obligation to publish and communicate an annual report on the work of the labour inspectorate. The Committee notes with interest that the Government has communicated the Annual Report on Labour Inspection 2020–21, which includes detailed information on the subjects covered by Article 21(a), (b), and (d)–(g) of the Convention. The Committee observes that this annual report does not appear to contain statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)). The Committee requests the Government to take the necessary measures to ensure that annual reports on the work of the labour inspectorate continue to be published and transmitted to the ILO in accordance with Article 20 of the Convention in the future, and that they contain all the information covered by Article 21(a)–(g).

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