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

Equal Remuneration Convention, 1951 (No. 100) - Uzbekistan (Ratification: 1992)

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 1 September 2017, on the Government’s alleged failure to comply with the principle of the Convention. The Committee requests the Government to provide its comments thereon.

Article 1 of the Convention. Legislative framework. The Committee recalls that for a number of years it has been referring to the need to amend the Labour Code of 21 December 1995, which prohibits discrimination on the basis of sex with regard to remuneration, but which does not fully reflect the principle of equal remuneration for men and women for work of equal value as set out in the Convention. It previously noted that the Government was taking steps to improve the draft law on “guarantees of equal rights and equal opportunities for women and men” aimed at preventing discrimination against women. The Committee notes from the Government’s report that the Chamber of Commerce and Industry reviewed and proposed amendments to the draft Equal Rights and Opportunities (Men and Women) Act. However, it notes from the IUF’s observations that although the draft law was first submitted to Parliament in 2004, it has not yet been adopted. The Committee further notes with regret that the Government’s report once more provides no information on its plans to bring the Labour Code into conformity with the Convention. The Committee stresses again that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women, and the promotion of equality. This concept permits a broad scope of comparison, including but going beyond equal remuneration for “equal work” or work performed under “equal conditions”, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 673). Recalling that provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination, the Committee urges the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, ensuring that the provision encompasses not only equal work or work performed under equal conditions, but also work of an entirely different nature which is nevertheless of equal value, and to provide information on the steps taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.