Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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

Autre commentaire sur C081

Observation

Demande directe

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Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. Conciliation and mediation. The Committee notes that pursuant to section 358 of the Labour Code, public labour inspectors participate, among other things, in discussions of labour disputes. The Committee emphasizes that, under Article 3(2), where further duties are entrusted to labour inspectors, they must not interfere with the discharge of their primary duties or prejudice in any way the authority and impartiality that inspectors need in their relations with employers and workers. The Committee requests the Government to continue to supply information on the number of labour inspectors as well as to provide information on the proportion of time and resources that they devote to mediation in comparison to their primary duties. It also requests the Government to take measures to ensure that this function does not interfere with their primary duties.

Control of immigration law. The Committee notes the Government’s indications in its report that labour inspectors control, among other things, that the term of the employment contract corresponds with the term of the work permit granted to foreign workers. In this respect, the Committee also recalls its comments made under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), concerning the activities of the Migration Service, the General Prosecutor’s Office, the Ministry of Internal Affairs, the State Committee on National Safety and the border service authorities to prevent irregular migration. The Committee requests the Government to provide further information on the role of the labour inspectorate in the monitoring of immigration, including what actions are taken by labour inspectors upon detection of foreign workers without a valid work permit.

Article 7(3). Training of labour inspectors. The Committee notes the reference in the Government’s report to the professional training of labour inspectors. The Committee requests the Government to provide more information on the training provided to labour inspectors, including on the number of labour inspectors and trade union inspectors that participated in these training activities and the frequency of these activities, as well as on the subjects covered.

Article 13. Preventive measures in the event of a danger to the safety and health of workers. The Committee notes that pursuant to section 357 of the Labour Code, trade union inspectors are entitled to propose the suspension of work in the case of a threat to the life and health of workers. The Committee notes that a similar provision is not provided for in section 358 of the Labour Code with regard to the powers of public labour inspectors. The Committee requests the Government to indicate whether public 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, and if so, pursuant to which provisions of law.

Article 14. Notification of industrial accidents and cases of occupational diseases to the labour inspectorate. The Committee notes that the Government refers to Government Decision No. 661 of 14 June 2015 approving the by-law on the procedure for the investigation, documentation and recording of occupational accidents. The Committee requests the Government to provide information on the procedures for the notification of industrial accidents and cases of occupational disease to the labour inspectorate.

Article 15. Obligations of labour inspectors. The Committee requests the Government to provide information on how effect is given to this Article of the Convention.

Articles 17 and 18 of the Convention. Powers of labour inspectors to ensure the effective application of legal provisions concerning conditions of work and the protection of workers. The Committee notes that sections 357 and 358 of the Labour Code provide for the power of public labour inspectors and trade union labour inspectors to order the rectification of violations detected and submit cases of non-compliance to the judicial authorities. It also notes from the information provided by the Government in its report under the application of the Guarding of Machinery Convention, 1963 (No. 119), that where public labour inspectors detect non-compliance of the legal provisions relevant to that Convention, the head of the state supervisory service issues a compulsory enforcement order with a duration of up to one month. The Committee requests the Government to ensure, in law and practice, that labour inspectors are empowered to initiate prompt legal proceedings without previous warning, where they consider that this is necessary to ensure the compliance with the legal provisions on the conditions of work and the protection of workers.

Articles 20 and 21. Obligation to publish and communicate an annual report on the work of the labour inspectorate. The Committee notes with regret that the Government has once again not communicated an annual report on the activities of the labour inspection services. However, it notes that the Government provides a number of labour inspection statistics in its report, including information on the number of labour inspections, violations detected and penalties imposed, as well as on the number of accidents registered. In view of the statistical information already available, the Committee once again requests that the Government take the necessary measures to ensure that the central labour inspection authority publishes and transmits to the Office an annual report on the work of the inspection services, in accordance with Articles 20 and 21 of the Convention.