Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the observations from the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 30 August 2021.

Articles 1–4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes that, according to the observations of the IUF, the issue of unequal remuneration of men and women for work of equal value is one of the components of discrimination and there are a number of manifestations of unequal payments between men and women in the country. According to the IUF, it is difficult to determine the gender pay gap accurately, because State bodies do not publish statistics that allow such an analysis, nor do they publish information about instances of discrimination against workers. The IUF adds that as women fulfil the role of mother and parent and bear primary responsibility for supervising and caring for children, employers perceive them as less attractive employees. It also emphasizes that women’s participation in the labour market is limited by widespread adherence to patriarchal stereotypes, in particular with regard to childcare responsibilities, and the manner in which parental leave is used – exclusively by women – increases the income gap between women and men. After their parental leave comes to an end, women continue to shoulder all child and family care duties, which impacts their involvement in paid work, their career growth and, undoubtedly, their wages. The organization adds that adherence to patriarchal stereotypes is manifested, inter alia, in the active promotion of “working from home” which is low-paid and serves to reinforce the perception that women’s work needs to be adapted to their family responsibilities rather than encouraging equal distribution of such responsibilities. In addition, according to the IUF, horizontal segregation in the labour market reflects a clear division between “female” and “male” specialties and occupations, the latter being as a rule more highly paid, while women find themselves predominating in occupations with low wages. Horizontal gender segregation which hinders women’s development and limits their future economic opportunities can also be explained by women’s choice of field of studies and inadequate levels of education. The Committee also notes the IUF’s indication that there is vertical gender occupational segregation in industries employing large numbers of women, with women being under-represented in leadership or senior positions even though they constitute the majority of the workforce. Finally, the IUF stresses that it is necessary to create a robust mechanism to collect data on a regular basis that can be disaggregated by gender, thereby providing useful statistics for monitoring and analysis and to inform policymakers.

The Committee welcomes the statistics disaggregated by sex provided by the Government and those available on the website of the State Committee on Statistics regarding the share of women in employment, by type of economic activity. These data show that the participation of women in employment has decreased from 45.7 per cent in 2016 to 41.4 per cent in 2020 (with more significant decreases in some regions) but the number of women individual entrepreneurs has increased from 69,756 in 2018 to 81,703 in 2020. The Committee also notes the Government’s indication that it is clear that there is a significant gender gap in employment numbers in sectors such as construction (6.2 per cent women and 93.8 per cent men), shipping and storage (7.2 per cent women and 92.8 per cent men), education (75.7 per cent women and 24.3 per cent men), and healthcare and social services (76.8 per cent women and 23.2 per cent men). It also welcomes the establishment, in accordance with Presidential Decision No. 4235 of 7 March 2019, of a list of minimum gender indicators and the adoption on 8 August 2020 of the Presidential Decision No. 4796 on Measures to Further Improve and Develop the National Statistical System of the Republic of Uzbekistan, which covers the improvement of gender statistics. It further notes that a national census is planned for 2022 and the establishment of the Unified National Labour System (UNLS) in accordance with Presidential Decision of 31 October 2019. Furthermore, the Committee notes with interest the Government’s indication that: (1) an analysis of men’s and women’s salaries disaggregated by the most common jobs and professions, in both the public and private sectors, was conducted using data from the UNLS, which showed that the percentage difference between the average monthly salary of men and women in equivalent jobs and professions was less than 10 per cent (for the first quarter of 2021); and (2) the State Committee on Statistics has determined, in line with ILO methodology, that the percentage difference between the average monthly salary of men and women was 34.5 per cent in 2016, 34.6 per cent in 2017, 38.6 per cent in 2018 and 36.2 per cent in 2019.

In light of the above, the Committee asks the Government to take steps to address: (i) pay differentials between men and women, including measures to remove the practical barriers regarding women’s access to jobs with higher pay; (ii) horizontal and vertical occupational gender segregation, with a view to increasing the number of women in male-dominated sectors, including measures to combat gender stereotypes and promote the sharing of family responsibilities; and (iii) the undervaluation of female-dominated occupations resulting in lower remuneration.

In addition, welcoming the significant progress made in the collection and compilation of data disaggregated by sex, the Committee asks the Government to continue to collect, compile and analyse such data, in particular with respect to men’s and women’s remuneration, if possible by economic sector, and to communicate them as well as any available statistics on the gender pay gap.

Articles 1(b) and 2(2)(a). Equal remuneration for men and women for work of equal value. Legislative developments. 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. The Committee notes with satisfaction that section 244 of the new Labour Code, which was adopted in March 2022 and will enter into force on 30 April 2023, explicitly refers to “ensuring equal pay for men and women for work of equal value”. The Committee also notes the adoption on 2 September 2019 of Law No. LRU-562 on guarantees with respect to equal rights and opportunities for women and men. It notes, however, that section 21 provides that the employer shall ensure “equal wages (remuneration) for women and men for equal labour, and an equal approach to assessment of the quality of work of women and men”. The Committee observes that the law refers to “equal labour” (equal work) which is narrower than “work of equal value”. It recalls that, in a context where there is a significant gender occupational segregation, the concept of “work of equal value” is fundamental to the promotion of genuine gender equality in remuneration as men and women do not perform the same or equal work. Therefore, the concept of “work of equal value” permits a broader scope of comparison between work typically (or mainly) performed by women and work typically (or mainly) performed by men. It includes “equal work” or work performed under “equal conditions”, but also encompasses work that is of an entirely different nature, but which is nevertheless of equal value overall (for more detailed information on the concept of “work of equal value” (see the 2012 General Survey on the fundamental Conventions, paragraphs 673–681). The Committee asks the Government to take steps to amend Law No. LRU-562 of 2019 on guarantees with respect to equal rights and opportunities for women and men accordingly so as to give full legislative expression to the principle of equal remuneration for men and women for work of equal “value” and align the provisions of the Law with those of the new Labour Code. The Committee asks the Government to provide information on any legislative developments in this regard.

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