CMNT_TITLE

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Uzbekistan (RATIFICATION: 1992)

Other comments on C098

Observation

Direct Request

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The Committee notes the observation of the Federation of Trade Unions of Uzbekistan (FPU), received on 27 September 2022, referring to the issues examined below. The Committee further notes that the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), in its observations on the application of Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) received on 31 August 2022, also refers to matters addressed in the present comment and alleges acts of anti-union interference and discrimination, including dismissals, in the agricultural sector. The Committee requests the Government to provide its comments thereon.

Legislative developments. The Committee notes that the Government indicates that the Labour Code has been amended on 28 October 2022, and that the revision will come into force in April 2023. The Committee will examine its conformity with the Convention once a translation is available.

Trade union monopoly. In its previous comments, the Committee expected that the Government would provide information on the measures taken to address the IUF’s 2016 allegations that the Government represses independent trade union organizing, controls the FPU and retaliates against activists for monitoring labour relations and practices. The Committee notes that the Government reports that the Law on Trade Unions (LTU), which entered into force on 8 March 2020, provides in section 12 that state bodies and their officials are prohibited from interfering in the activities of trade unions and their associations. It notes, however, that the 2022 observations of the IUF contain similar allegations to those of 2016 concerning repression of independent trade union organizing, control of the FPU and retaliation against activists. The Committee also observes that the Committee on Economic, Social and Cultural Rights of the United Nations, in its concluding observations of 31 March 2022 concerning the application of the UN Covenant on Economic, Social and Cultural Rights, expressed its concern that trade unions are required to obtain approval from the Ministry of Justice for registration, and recommended the elimination of this requirement and the removal of administrative obstacles to the formation of trade unions. Recalling that the imposition of a trade union monopoly is inconsistent with the principle of free and voluntary collective bargaining,the Committee requests the Government to take the necessary measures, including legislative, to guarantee the possibility of trade union pluralism, and to provide information on any developments in this regard. Moreover, recalling the responsibility of the Government to ensure that the rights provided for in the Convention are respected both in law and in practice, the Committee requests it to indicate the machinery and sanctions applicable in the event of acts of interference by state bodies or officials, and to provide information on the measures taken to ensure the implementation of section 12 of the LTU in practice.

Article 4 of the Convention. Promotion of collective bargaining. The Committee had previously requested the Government to amend sections 21(1), 23(1), 31, 35, 36, 48, 49 and 59 of the Labour Code to ensure that only in the absence of trade unions at the enterprise, the branch or the territory, can the authorization to bargain collectively be conferred on representatives elected by workers. The Committee notes the Government’s indication that the revised Labour Code, which was drafted in cooperation with the ILO, provides in section 37 that in the absence of trade unions at the appropriate levels of the social partnership, employees shall have the right to establish other associations to represent and protect their interests. The Committee requests the Government to provide information on the type of other associations the revised Labour Code refers to and on the application in practice of the above-mentioned provision.

Collective labour disputes. In its previous comments, the Committee had requested the Government to provide a copy of the recommendations on the organization of activities of commissions on labour disputes which had been adopted in 2015. The Committee notes that the attachment containing the recommendations which is mentioned in the Government’s report has not been provided. It also notes that the Government indicates that the revised Labour Code contains a chapter which guarantees the right to collective bargaining. The Committee reiterates its request that the Government provide a copy of the recommendations on the organization of activities of commissions on labour disputes of 2015 and hopes that the revised Labour Code will give full application to the principle of free and voluntary collective bargaining enshrined in article 4 of the Convention.

Collective bargaining in practice. The Committee notes the statistical information provided by the Government, according to which 111,789 legal entities employing 4,547,381 workers concluded collective agreements in 2021. It further notes that the data submitted shows a decrease in the number of collective agreements concluded between 2018 and 2021. The Government explains that this decline is due to structural transformations accompanied by a change in the number of legal entities. The Committee also notes the Government’s indication that 105 sectoral agreements were concluded by branch trade unions in 2021, including 66 in the state institutions and public services, energy, oil and gas, and agro-industrial sectors. The Committee requests the Government to report on the measures taken or envisaged to promote collective bargaining, and to continue to provide updated information on the number of collective agreements concluded and in force in the country, as well as the sectors concerned and the number of workers covered by these agreements.