Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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Tajikistan

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Tajikistan’s overall score is 82.5 out of 100. The overall score for Tajikistan is lower than the regional average observed across Caucasus and Central Asia (83). Within the Caucasus and Central Asia region, the highest score is observed for Azerbaijan (90.5).

Tajikistan ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1993 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1993.

Labour Rights Index 2024

82.5/100

LRI Country Score

75/100

Freedom of Association Indicator

. %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

0.35

SDG indicator 8.8.2

.

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§28 of Constitution of Tajikistan, 1994 (rev. 2016); §18, 290-292 of the Labour Code of the Republic of Tajikistan, 2016; USDOS CRHRP 2023 (Tajikistan)

A

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§11, 12,18, 296-299, 303 & 306-311 of the Labour Code of the Republic of Tajikistan, 2016; CEACR, C87, DR. 2023; USDOS CRHRP 2023 (Tajikistan)

A

Does the law provide for the right to strike?

No

0

§323 of the Labour Code of the Republic of Tajikistan, 2016; §30 of the Civil service Act, 2012

B,D

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§324 of the Labour Code of the Republic of Tajikistan, 2016

D

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §28 of Constitution of Tajikistan, 1994 (rev. 2016); §18, 290-292 of the Labour Code of the Republic of Tajikistan, 2016; USDOS CRHRP 2023 (Tajikistan)

A : National Law

National Labour Legislation

"The law provided for the right to form and join independent unions but required registration for all NGOs, including trade unions."

Information

Source: §11, 12,18, 296-299, 303 & 306-311 of the Labour Code of the Republic of Tajikistan, 2016; CEACR, C87, DR. 2023; USDOS CRHRP 2023 (Tajikistan)

A : National Law

National Labour Legislation

"The law provided for the right to form and join independent unions but required registration for all NGOs, including trade unions. The law provided that union activities, such as collective bargaining, be free from interference except “in cases specified by law,” but the law did not define such cases. Collective bargaining contracts covered 90 percent of workers in the formal sector."

Information

Source: §323 of the Labour Code of the Republic of Tajikistan, 2016; §30 of the Civil service Act, 2012

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"The Committee had previously noted that pursuant to section 323(5) of the Labour Code, the right to strike can be restricted by legislation in cases where it might endanger the life and health of individuals or the security and defence capacity of the State and requested the Government to indicate services where the right to strike was so restricted or prohibited, with reference to the relevant legislative provisions. The Committee notes that the Government points out that restrictions and prohibitions on participation in strikes are established by law and only for the purpose of national security in specific sectors, and refers in this respect to the following examples: the Law on a State of Emergency prohibits strikes in specific circumstances of a state of emergency; the Law on the Status of Military Personnel (section 6) and the Law on the Police (section 20) prohibit military personnel and police officers from organizing and participating in strikes; the Customs Code (section 484) and the Civil Service Act (section 30) prohibit customs officials and civil servants from taking part in strikes that may disrupt the functioning of state bodies and impede the performance of official duties. The Committee understands the national security examples identified, and also understands that the restrictions under the Civil Service Act apply to public servants exercising authority in the name of the State. While taking due note of these examples, the Committee requests the Government to provide an exhaustive list of services where strikes are restricted or prohibited."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Labour Code: Article 323. Strike 1. In case the collective labor disputes are not considered and settled through reconciliation measures, or the Employer rejects to undertake reconciliation measures or not implement the agreements reached over the dispute consideration, the employees have the right to apply other final tools for dispute consideration and resolution such as strike. 2. Decision on strike shall be made at the staff or employee representatives meeting (congress) through secret voting and if not less than 2/3 of the staff (employee representatives) present in the meeting or 2/3 of the staff representatives’ delegates at the conference vote in favor of decision in case the meeting (employee representatives) is/are authorised. 3. The strike shall be led by one or a group of individuals authorized by the staff or employee representatives. 4. The Employer shall be notified in writing not less than one month prior to the start of strike and its possible timeframe. 5. In case the strike causes a serious threat to people’s life and health, the State’s security and defense abilities, the right to strike can be restricted in accordance with the Tajik legislation. 6. The Court shall determine lawfulness or unlawfulness of strike. Civil service Act: Article 30. Restrictions related to public service A civil servant does not have the right to: - without the permission of the President of the Republic of Tajikistan to accept awards, honorary and special titles of foreign states and international organizations; - to use the services of citizens and legal entities for personal benefit while performing official duties; - to participate in other actions, including strikes, which disrupt the activity of state bodies and the performance of official duties;"

Information

Source: §324 of the Labour Code of the Republic of Tajikistan, 2016

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Article 324. Guarantees and Compensations to Employees Participating in Strike 1. Participation in strike is voluntary. Noboby shall be forced to participate or not participate in strike. 2. Employee’s participation in strike (except the participation in illegal strikes) shall not be deemed to be the basis for violation of labor discipline or termination of labor contract. 3. Salary of employees, who did not participate in strike, but were not able to implement their work due to it (strike) shall be paid in the amount not less than the payment for operation suspension caused by no fault of the Employee. 4. The salary of employees participating in strike shall be held for the period of strike unless other provisions on dispute resolution are envisaged in the labor contract. 5. The trade union committee and other employee representatives have the right to establish a strike fund or a special insurance fund with the use of donations and charity contributions."