Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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

Autre commentaire sur C081

Observation

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Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. 1. Conciliation, mediation and dispute settlement. Following its previous comment, the Committee notes the Government’s indication in its report that, in accordance with section 21 of the Trade Union Act, trade unions have the right to represent the interests of their members in bodies considering individual and collective labour disputes. Trade union representatives also take part in the work of commissions on individual labour disputes and other bodies considering a labour dispute. Moreover, trade unions have the right, if they are approached by trade union members, to file a lawsuit in court on their behalf and to defend in court their labour, economic, social and other rights related to labour relations. The Committee requests the Government to clarify whether trade union inspectors are involved in the above-mentioned activities as trade union representative or as inspectors. It also once again requests the Government to clarify further the nature of activities undertaken by labour inspectors in their duties under section 2(5) of the State Inspection Service for Labour, Migration and Employment (SILME) Regulations, as concerns the promotion of the effectiveness of collective bargaining, activities of consensus committees, mediation and labour arbitration.

2. Control of immigration law and other duties. Following its previous comment, the Committee notes the Government’s information on additional functions of the SILME. Accordingly, in terms of labour migration, the service monitors issues relating to recruitment, employment and labour relations with foreign nationals in the Republic of Tajikistan. With regard to environmental and voluntary migration, the SILME monitors the implementation of resettlement plans for environmental and voluntary migration in the country. As for employment issues, the SILME monitors the laws on recruiting and employing unemployed citizens within the country. The Government also indicates that the SILME has separate structures or departments to fulfil these functions. The Committee further notes that, according to the 2021 annual report on the activities of the SILME, among 11,809 violations detected, 51 related to internal and environmental migration and 661 related to employment. While taking note of this information, the Committee once again requests that the Government provide further information on the outcome of cases involving migration issues, including on any cases of reinstatement of statutory rights for migrant workers either by labour inspectors of the SILME or by the Trade Union Inspectorate.

Article 7(3). Training of labour inspectors. Following its previous comment, the Committee notes the Government’s information on trainings provided to trade union labour inspectors, especially within the framework of the Programme entitled “Enhancing the Capacity of Trade Unions to Combat Forced and Child Labour”. A two-day training course to raise awareness on combating forced labour was held for 43 trade union labour inspectors. Eight training courses (one day training) were held with 170 trade union inspectors from the agro-industrial complex, and another two training courses were held in Gorno-Badakhshan Autonomous region where 40 trade union inspectors participated. Trainings are also planned in other regions, such as Sughd and Khatlon, as well as the Districts of Republican Subordination. Moreover, a one-day workshop will be held at the end of the Programme to present the project results and develop an Action Plan for the Federation of Trade Unions on preventing and combating forced labour. The Committee requests the Government to continue to provide information on the training provided to trade union labour inspectors, including the subjects, number of inspectors that participated in those training activities and their frequency.

Article 13. Preventive measures in the event of a danger to the safety and health of workers.Activities of trade union inspectors. Following its previous comment, the Committee notes the statistical information provided by the Government regarding the application in practice of trade union labour inspectors’ powers to suspend work in the event of a threat to workers’ lives and other inspection activities. Accordingly, in 2021, trade union inspectors carried out 1,147 Occupational Safety and Health inspections in various sectors, with work suspended at seven entities. The Committee requests the Government to continue to provide statistical information on cases of work suspension ordered by trade union inspectors and by public labour inspectors, as well as information on orders for employers to eliminate detected violations of labour protection requirements, including whether such orders did in fact eliminate the violations.

Article 14. Notification of industrial accidents and cases of occupational diseases to the labour inspectorate. Following its previous comment, the Committee notes the statistical information on the application in practice of the Procedures for investigating and recording industrial accidents and occupational diseases. In this respect, the Committee notes that, in the reporting period, the SILME received 101 notifications of industrial accidents from employers and prosecution agencies, with 57 injuries and 50 fatalities. The Committee also notes that the 2021 Annual Report on Labour Inspection contains statistics provided by the Republican Clinical Centre for Occupational Diseases, according to which 629 patients were registered. The Committee takes note of this information which addresses its previous request.

Article 15. Obligations of labour inspectors. Following its previous comment, the Committee notes the Government’s indication that the Act on State Secrets and Other Secrets Protected by Law has a general scope of application which also covers the trade unions. Accordingly, trade union inspectors are obliged to fulfil all the requirements provided by this Act, including ensuring absolute confidentiality of the source of any complaint regarding deficiencies or violations of labour legislation and other regulatory and legal acts during inspections. The Committee notes the Government’s information which addresses its previous request.

Articles 20 and 21. Obligation to publish and communicate an annual report on the work of the labour inspectorate. Following its previous comment, the Committee notes the Government’s indication that the annual report on the activities of the Labour Inspectorate is published on the website of the Ministry of Labour, Migration and Employment. The Committee also notes the 2022 report of the Ministry published on its website contains statistical information on the number of economic entities and employed workers, as requested. The Committee requests the Government to continue its efforts to ensure that annual reports on the work of the labour inspectorate are published and transmitted to the ILO in accordance with Article 20 of the Convention, and that they contain all the information covered by Article 21(a)–(g).

[The Government is asked to reply in full to the present comments in 2024.]