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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.

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The Committee recalls that it had requested the Government to provide its comments on the 2016 observations of the International Union of Food, Agricultural, Hotel, Restaurant Catering, Tobacco and Allied Workers’ Associations (IUF) alleging that the Government represses independent trade union organizing, controls the Federation of Trade Unions of Uzbekistan (FPU) and retaliates against activists for monitoring labour relations and practices. The Committee notes with concern that in lieu of its own reply, the Government communicates the response of the FPU on the allegations made by the IUF as well as to the Committee’s previous direct request through which it refutes the allegations made by the IUF. The Committee recalls that the ultimate responsibility for ensuring respect for the ratified Conventions lies with the Government and expects that the Government will be providing information on the measures it had taken to address the issues raised by the Committee.
Article 4 of the Convention. Promotion of collective bargaining. The Committee recalls that for a number of years it has been requesting the Government to take the necessary measures to amend sections 21(1), 23(1), 31, 35, 36, 48, 49 and 59 of the Labour Code so as to ensure that the legislation makes it clear 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 other representatives elected by workers. The Committee notes that the FPU is of the view that the above provisions are in conformity with the Workers’ Representatives Convention, 1971 (No. 135), and therefore there is no need to amend the Labour Code in this respect. The Committee once again recalls that direct negotiation between the undertaking and workers’ representatives, bypassing sufficiently representative workers’ organizations, where these exist, can be detrimental to the principle that negotiation between employers and representative organizations of workers should be encouraged and promoted. The Committee, therefore, once again requests the Government to take the necessary measures to amend the abovementioned sections so as to ensure that it is clear that only in the event where there are no trade unions at the enterprise, the branch or the territory, can the right to bargain collectively be conferred on other workers’ representatives. The Committee requests the Government to indicate the measures taken or envisaged in this respect.
Collective labour disputes. The Committee recalls that it had previously noted the Government’s indication that it was working on a draft law which would regulate collective labour disputes. The Committee notes the FPU’s indication that the law in question has not been adopted. The FPU further informs that together with the Chamber of Commerce and Industry of Uzbekistan and in consultation with the Ministry of Labour and Social Protection, recommendations on the organization of activities of commissions on labour disputes were adopted in the beginning of 2015. The Committee requests the Government to provide a copy thereof.
The Committee notes the information provided by the Government on the number of collective agreements concluded at sectoral, territorial and enterprise levels and the number of workers covered. It requests the Government to continue to provide this type of information.

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The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant Catering, Tobacco and Allied Workers’ Associations (IUF) on the application of the Convention in practice received on 31 August 2016. The Committee requests the Government to provide its comments thereon.
Article 4 of the Convention. Promotion of collective bargaining. The Committee recalls that for a number of years it has been requesting the Government to take the necessary measures to amend sections 21(1), 23(1), 31, 35, 36, 48, 49 and 59 of the Labour Code so as to ensure that the legislation makes it clear 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 other representatives elected by workers. The Committee notes that the Government reiterates that while the existence of other representative bodies in enterprises should not hinder trade unions from exercising their functions, both trade unions and other workers’ representative bodies enjoy the same rights, including the right to engage in collective bargaining. While noting the Government’s indication that if no trade unions exist at an enterprise, collective bargaining rights can also be granted to other workers’ representatives, the Committee once again recalls that direct negotiation between the undertaking and workers’ representatives, bypassing sufficiently representative workers’ organizations, where these exist, can be detrimental to the principle that negotiation between employers and representative organizations of workers should be encouraged and promoted. The Committee, therefore, once again requests the Government to take the necessary measures to amend the abovementioned sections so as to ensure that it is clear that only in the event where there are no trade unions at the enterprise, the branch or the territory, can the right to bargain collectively be conferred on other workers’ representatives. The Committee requests the Government to indicate the measures taken or envisaged in this respect.
Collective labour disputes. The Committee had previously requested the Government to provide the relevant legislative texts establishing the procedure for settlement of collective labour disputes, as referred to in sections 33 and 281 of the Labour Code. The Committee notes the Government’s indication that no legislation providing for the process of settling collective labour disputes (interest disputes) has been adopted and that pursuant to the Decision of the Supreme Soviet of the Republic of Uzbekistan of 4 January 1992, on the ratification of the Agreement and Protocol Establishing the Commonwealth of Independent States, before the adoption of relevant legislation, laws of the former USSR shall apply on Uzbek territory, provided that they do not contravene the Constitution and the legislation of the country. The Government points out that pursuant to the Law of the USSR on the process of settling collective labour disputes (1991), if a conciliation committee and labour arbitration commission have not been able to resolve the differences between the parties, a trade union has the right to use all other means provided for by the law to satisfy its stated demands, including total or partial suspension of work, including strikes. The Committee further notes that pursuant to section 5 of the Law, the labour arbitration decision is binding only if the parties have agreed on the compulsory nature of the decision beforehand. The Committee recalls that it had noted in the past the Government’s indication that it was working on a draft law which would regulate collective labour disputes and in this respect, reminds the Government that it may avail itself of the technical assistance of the Office, if it so wishes.

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Article 4 of the Convention. Collective bargaining. The Committee recalls that for a number of years it has been requesting the Government to take the necessary measures to amend sections 21(1), 23(1), 31, 35, 36, 48, 49 and 59 of the Labour Code so as to ensure that the legislation makes it clear 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 other representative bodies elected by workers. The Committee notes that, in its report, the Government states, on the one hand, that other representative bodies in enterprises must not interfere with the activities of trade unions in the exercise of their functions. However, on the other hand, the Government indicates that under the Labour Code both trade unions and other workers’ representative bodies have the right to engage in collective bargaining, and that if there is more than one workers’ representative body they will form a unified representative body to engage in bargaining and jointly prepare and conclude a collective agreement. The Committee must once again recall that direct negotiation between the undertaking and its employees, bypassing sufficiently representative organizations where these exist, can be detrimental to the principle that negotiation between employers and organizations of workers should be encouraged and promoted. The Committee further notes that the Government informs that a Bill on Amendments and Additions to the Labour Code has been sent to the legislative assembly (Oliy Majlis). The Committee understands that the draft law does not foresee to amend the abovementioned provisions regulating collective bargaining. Regretting the lack of progress in this regard, the Committee once again requests the Government to take the necessary measures to amend the abovementioned sections so as to ensure that it is clear that only in the event where there are no trade unions at the enterprise, the branch or the territory, can an authorization to bargain collectively be conferred on other representative bodies. The Committee requests the Government to indicate the measures taken or envisaged in this respect.
Collective labour disputes. The Committee had previously requested the Government to provide the relevant legislative texts establishing the procedure for settlement of collective labour disputes, as referred to in sections 33 and 281 of the Labour Code. The Committee had noted in the past the Government’s indication that it was working on a draft law which would regulate collective labour disputes. With regard to interest disputes (relating to the establishment of a collective agreement or to the modification, through collective bargaining, of wages and other conditions of work contained in an existing collective agreement), the Committee had recalled that compulsory arbitration, including through the judicial procedure, in the case that the parties have not reached agreement, is generally contrary to the principles of collective bargaining. In the Committee’s opinion, compulsory arbitration is only acceptable in certain specific circumstances, namely in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term and acute national crises. However, arbitration accepted by both parties (voluntary) is always legitimate. The Committee had recalled that, in all cases, before imposing arbitration, it is highly advisable that the parties be given every opportunity to bargain collectively, during a sufficient period, with the help of independent mediation. The Committee notes that the Government does not provide any information on the adoption of legislation regulating the settlement of collective labour disputes. The Committee firmly hopes that the legislation regulating the settlement of collective labour disputes and, in particular, interest disputes, will soon be adopted and that it will reflect the principles above. It requests the Government to provide information on all progress achieved in this respect, including a copy of the draft law or the text of the legislation, if adopted before the next reporting cycle. The Committee reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.
[The Government is asked to reply in detail to the present comments in 2016.]

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Article 4 of the Convention. Collective bargaining. The Committee recalls that it had previously requested the Government to amend sections 21(1), 23(1), 31, 35, 36, 48, 49 and 59 of the Labour Code so as to ensure that the legislation makes it clear 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 other representative bodies elected by workers. The Committee notes that, in its report, the Government indicates that the responsible Ministry has prepared a draft law to amend the Labour Code with a view to revising several provisions concerning forced labour, foreign enterprises and guarantees provided to certain categories of workers, and to add new provisions concerning employment. The Committee understands that the draft law does not foresee to amend the abovementioned provisions regulating collective bargaining. The Committee once again recalls that direct negotiation between the undertaking and its employees, bypassing sufficiently representative organizations where these exist, might be detrimental to the principle that negotiation between employers and organizations of workers should be encouraged and promoted. It therefore once again requests the Government to amend the abovementioned sections so as to ensure that it is clear that only in the event where there are no trade unions at the enterprise, the branch or the territory, can an authorization to bargain collectively be conferred on other representative bodies. The Committee requests the Government to indicate the measures taken or envisaged in this respect.
The Committee had previously requested the Government to provide the relevant legislative texts establishing the procedure for settlement of collective labour disputes, as referred to in sections 33 and 281 of the Labour Code. The Committee notes the Government’s indication that collective labour disputes concerning the application of the legislation in force and of existing collective agreements are examined by courts upon request by one of the parties. The Government further indicates that relevant ministries and non-governmental organizations are currently working on a draft law which would regulate collective labour disputes, and that the views of labour law experts and the experience of certain other countries will be taken into account in this process. The Committee recalls that a distinction has to be made between rights disputes, which concern the application or the interpretation of a collective agreement (the settlement of such disputes may be referred to an independent authority), and interest disputes, which relate to the establishment of a collective agreement or to the modification, through collective bargaining, of wages and other conditions of work contained in an existing collective agreement. With regard to the latter type of disputes, the Committee recalls that compulsory arbitration, including through the judicial procedure, in the case that the parties have not reached agreement, is generally contrary to the principles of collective bargaining. In the Committee’s opinion, compulsory arbitration is only acceptable in certain specific circumstances, namely: (i) in essential services in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; (ii) in the case of disputes in the public service involving public servants exercising authority in the name of the State; (iii) when, after protracted and fruitless negotiations, it becomes obvious that the deadlock will not be broken without some initiative by the authorities; or (iv) in the event of an acute national crisis. However, arbitration accepted by both parties (voluntary) is always legitimate. In all cases, the Committee considers that, before imposing arbitration, it is highly advisable that the parties be given every opportunity to bargain collectively, during a sufficient period, with the help of independent mediation. The Committee hopes that the legislation regulating the settlement of collective labour disputes and, in particular, interest disputes, will soon be adopted and that it will reflect the principles above. It requests the Government to provide information on all progress achieved in this respect, including a copy of the draft law or the text of the legislation, if adopted before the next reporting cycle. The Committee reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.
Articles 5 and 6. Collective bargaining in the public sector. In its previous comments, the Committee had requested the Government to provide detailed information on trade union and collective bargaining rights of public servants and to list the categories of workers excluded from the application of the Convention. The Committee notes the Government’s indication that, according to the Federation of Trade Unions of Uzbekistan, sectoral collective agreements cover over 30 ministries and government bodies. Trade unions can be established and collective agreements concluded with regard to employees of both chambers of Parliament, the Cabinet of Ministers and local bodies of executive power. The Government further indicates that the list of categories of public servants who do not enjoy the right to establish trade unions and bargain collectively includes certified personnel of the Ministry of Defence, the Ministry of Internal Affairs, Ministry of Emergency Situations, Service of National Safety and Security, State Customs Committee and State Committee on Protection of State Borders. The Committee takes note of this information.

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Article 4 of the Convention. Collective bargaining. The Committee recalls that it had previously requested the Government to amend certain provisions of the Labour Code, in particular sections 21(1), 23(1), 31, 35, 36, 48, 49 and 59 so as to ensure that the legislation makes it clear that, only in the absence of trade unions at the enterprise, branch or territory, the authorization to bargain collectively can be conferred to other representative bodies elected by workers. The Committee notes with regret that in its report, the Government provides no indication on measures taken or envisaged in this respect. The Committee once again recalls that direct negotiation between the undertaking and its employees, bypassing sufficiently representative organizations where these exist, might be detrimental to the principle that negotiation between employers and organizations of workers should be encouraged and promoted. The Committee therefore once again requests the Government to amend the abovementioned sections so as to ensure that it is clear that only in the event where there are no trade unions at the enterprise, branch or the territory, an authorization to bargain collectively can be conferred to other representative bodies. The Committee requests the Government to indicate measures taken or envisaged in this respect.

The Committee had previously requested the Government to provide the relevant legislative texts establishing the procedure for settlement of collective labour disputes, as referred to in sections 33 and 281 of the Labour Code. Noting that the Government provides no information in this regard, the Committee reiterates its previous request.

Articles 5 and 6. In its previous comments, the Committee had requested the Government to provide detailed information on trade union and collective bargaining rights of public servants and to list the categories of workers excluded from the application of the Convention. The Committee notes with regret that the Government provides no specific information in this regard and reiterates instead, as it did it its previous report that the application of Convention does not extend to public servants and shall in no way be interpreted as depriving them of their rights or status. The Committee recalls that the only exceptions that may be allowed to the guarantees laid down in the Convention concern armed forces, police and public servants who are engaged in the administration of the State. The Committee recalls that while Article 6 of the Convention allows public servants engaged in the administration of the State to be excluded from its scope, other categories should enjoy the guarantees of the Convention and therefore be able to negotiate collectively their conditions of employment, including wages. The Committee therefore once again requests the Government to provide detailed information on trade union and collective bargaining rights of public servants and to list the categories of workers excluded from the application of the Convention and therefore not enjoying the rights enshrined therein.

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The Committee notes the Law on Trade Unions, their Rights and Guarantees for their Activities of 1992, the Labour Code of 1995, as amended up to 1998, and the Administrative Responsibility Code of 1994, as amended up to 2001.

Articles 1, 2 and 3 of the Convention. The Committee notes that under the abovementioned legislation, acts of anti-union discrimination and interference in trade union affairs are prohibited, and that aggrieved workers can apply to the relevant courts for redress (including reinstatement) and material and moral compensation. The Committee further notes that violation of the labour legislation is punishable by a fine of between two and five times the minimum monthly salary.

Article 4. The Committee notes that, while according to section 21(3) of the Labour Code the existence of other workers’ representative bodies at the enterprise must not obstruct the activity of trade unions, pursuant to sections 21(1), 23(1), 31, 35, 36, 48, 49 and 59 of the Code, trade unions or other representative bodies elected by workers can conduct collective bargaining and conclude collective agreements at all levels. The Committee considers that direct negotiation between the undertaking and its employees, bypassing sufficiently representative organizations where these exist, might be detrimental to the principle that negotiation between employers and organizations of workers should be encouraged and promoted. The Committee therefore requests the Government to amend the abovementioned sections so as to ensure that it is clear that only in the event where there are no trade unions at the enterprise, branch or the territory, that an authorization to bargain collectively can be conferred to other representative bodies. The Committee requests the Government to indicate the measures taken or envisaged in this respect.

The Committee notes that according to sections 33 and 281 of the Labour Code, collective labour disputes are settled according to the procedure provided for by the legislation. The Committee requests the Government to provide the relevant legislative texts providing for such a procedure.

Articles 5 and 6. The Committee had previously noted that the Law on Trade Unions applied to both the public and private sectors, but that section 6 provided that particular features of its application in the internal affairs organs were determined by laws and regulations concerning these units and requested the Government to provide information on the trade union rights of these categories of worker. The Committee notes from the Government’s report that the “scope of Convention No. 98 does not extend to public employees and must in no way be seen as depriving them of their rights and duties”. Recalling that the Convention applies to all public servants not engaged in the administration of the State, the Committee requests the Government to provide detailed information on trade union and collective bargaining rights of public servants and to list the categories of workers excluded from the application of the Convention and therefore not enjoying the rights enshrined therein.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Law of the Republic of Uzbekistan on Trade Unions, Their Rights and Guarantees for their Activities, dated 2 July 1992.

2. Articles 1 and 2 of the Convention. Sanctions in cases of anti-union discrimination or anti-union interference. The Committee notes the important provisions of the abovementioned Law concerning anti-union discrimination and acts of interference. The Committee notes that the Government has not provided information on the sanctions applicable in case of infringements of these provisions. The Committee recalls that legislation should make express provisions for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference in order to ensure the application in practice of Article 2 of the Convention. Moreover, to ensure that these measures receive the necessary publicity and are effective in practice, the relevant legislation should explicitly lay down appeals and sanctions in order to guarantee the application of provisions prohibiting acts of interference (see 1994 General Survey on freedom of association and collective bargaining, paragraph 232). The Committee requests the Government to indicate and adopt legislative provisions providing for effective and sufficiently dissuasive sanctions (civil or administrative or penal) against acts of interference.

3. Article 4 of the Convention. Collective bargaining. The Committee notes that the abovementioned Law does not provide information on the right of federations and confederations to bargain collectively. The Committee requests the Government to provide information in this respect.

4. Scope of the Convention. The Committee notes that the Law applies to both the public and the private sectors but that article 6 establishes that particular features of application of the present Law in the interior affairs organs are determined by laws and regulations concerning these units. The Committee requests the Government to provide information on the trade union rights of these categories of workers.

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1. The Committee notes the Government’s report and the Law of the Republic of Uzbekistan on Trade Unions, Their Rights and Guarantees for their Activities, dated 2 July 1992.

2. Articles 1 and 2 of the Convention. Sanctions in cases of anti-union discrimination or anti-union interference. The Committee notes the important provisions of the abovementioned Law concerning anti-union discrimination and acts of interference. The Committee notes that the Government has not provided information on the sanctions applicable in case of infringements of these provisions. The Committee recalls that legislation should make express provisions for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference in order to ensure the application in practice of Article 2 of the Convention. Moreover, to ensure that these measures receive the necessary publicity and are effective in practice, the relevant legislation should explicitly lay down appeals and sanctions in order to guarantee the application of provisions prohibiting acts of interference (see 1994 General Survey on freedom of association and collective bargaining, paragraph 232). The Committee requests the Government to indicate and adopt legislative provisions providing for effective and sufficiently dissuasive sanctions (civil or administrative or penal) against acts of interference.

3. Article 4 of the Convention. Collective bargaining. The Committee notes that the abovementioned Law does not provide information on the right of federations and confederations to bargain collectively. The Committee requests the Government to provide information in this respect.

4. Scope of the Convention. The Committee notes that the Law applies to both the public and the private sectors but that article 6 establishes that particular features of application of the present Law in the interior affairs organs are determined by laws and regulations concerning these units. The Committee requests the Government to provide information on the trade union rights of these categories of workers.

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The Committee notes the Government’s report.

The Committee will examine the application of Convention No. 98 in Uzbekistan as soon as the translation of the Government’s report and of the law on trade unions is available. The Committee requests the Government to transmit the law on non-governmental and non-profit organizations.

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