Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

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.