Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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.]