Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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 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.