Holidays with Pay Convention, 1936 (No. 52) - Uzbekistan (Ratification: 1992)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 7 of the Convention. Record keeping. The Committee recalls that, in its previous comments, it referred to the “T-2” form, approved by Decision of the Ministry of Justice No. 402 of 29 January 1998, on which employers must indicate the date of entry into service of persons employed by them and the duration of the annual holiday with pay to which each person is entitled; the dates on which the annual holiday with pay is taken by each person; and the remuneration received by each person for the period of the annual holiday with pay. It notes that the Government has not provided, as requested, a copy of Decision No. 402, or a copy of the T-2 form. The Committee requests the Government to supply these documents to the Office at its earliest convenience.

Article 8 and Part V of the report form. System of sanctions. Application in practice. The Committee notes that, under section 49 of the Code of Administrative Infringements, any breach of the legislation regarding work or occupational safety and health is punishable with a fine of between one and three minimum wages. The Committee requests the Government to provide further information on procedures followed in the event of infringement of the legislation on paid leave, as well as on the results of labour inspection activities in this field.

Lastly, the Committee once again invites the Government to consider the possible ratification of the Holidays with Pay Convention (Revised), 1970 (No. 132), which revises Convention No. 52, and requests it to keep the Office informed of any decision it may take on this subject.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 2(5), 7 and 8 of the Convention. Increased leave duration – Records system of sanctions. The Committee notes that the Government’s report essentially reproduces information communicated earlier and does not address the specific points raised in the Committee’s previous comment. The Committee therefore requests the Government to: (i) provide sample copies of sectoral collective agreements or enterprise agreements which contain clauses on the progressive increase of the duration of paid annual holiday based on length of service; (ii) transmit a specimen “T-2” form and a copy of the relevant Decision of the Ministry of Justice No. 402 of 29 January 1998; and (iii) specify the sanctions applicable in case of infringement of the legislation regarding annual paid leave.

Part V of the report form. Application in practice. The Committee requests the Government to provide up to date and documented information concerning the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, labour inspection results and clauses of collective agreements related to annual paid leave. Moreover, the Committee requests the Government to keep the Office informed of any further developments concerning the possible ratification of the Holidays with Pay Convention (Revised), 1970 (No. 132), which contrary to Convention No. 52, remains relevant in certain respects.

Finally, the Committee draws the Government’s attention to the conclusions of the ILO Tripartite Meeting of Experts on Working-Time Arrangements, held in October 2011, according to which the provisions of existing ILO standards relating to daily and weekly hours of work, weekly rest, paid annual leave, part-time and night work, remain relevant in the 21st century, and should be promoted in order to facilitate decent work. The Experts also emphasized the importance of working time, its regulation, and organization and management, to: (a) workers and their health and well-being, including opportunities for balancing working and non-work time; (b) the productivity and competitiveness of enterprises; and (c) effective responses to economic and labour market crises.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1, paragraphs 1 and 3, of the Convention. Scope of application and exceptions. In its report, the Government states that the labour legislation and other labour standards apply to the employment relationships of persons working in an enterprise, institution or organization, whatever its form or ownership. The Committee understands that both the public and the private sectors are covered by the labour legislation, and that no use has been made of the possibility to exclude from the coverage of the Convention persons working in enterprises or establishments where the only employees are members of the employer’s family. It requests the Government to state whether this is indeed the case.

Article 2, paragraph 5. Progressive increase in the duration of the annual holiday with pay. The Committee notes the information supplied by the Government in response to an observation by the Council of the Trade Union Federation of Uzbekistan, which states that numerous sectors of the economy have laid down procedures in collective agreements to extend the duration of the holiday with pay on the basis of the worker’s length of service in the sector or the enterprise. The Government states in this connection that some 26,000 collective agreements provided in 2007 for longer paid annual holiday, inter alia, on the basis of length of service, enabling 2.67 million workers to benefit from an annual holiday with pay of more than 15 days, while 13,500 collective agreements granted 1.7 million workers additional holiday on top of the basic holiday. The Committee would be grateful if the Government would send sample copies of sectoral collective agreements or of enterprise agreements containing clauses on the progressive increase of the duration of paid annual holiday based on length of service.

Article 7. Records. Further to its previous comment, the Committee requests the Government to provide a copy of a specimen “T-2” card, and a copy of Decision No. 402 issued by the Ministry of Justice on 29 January 1998 setting up this system of records.

Article 8. Sanctions. The Committee notes the Government’s explanations concerning the authorities responsible for overseeing application of the labour legislation. It requests the Government to indicate whether, in addition to this supervision, a system of sanctions has been established to ensure that the Convention is fully applied.

Part V of the report form. Practical application. The Committee again asks the Government to provide general information on the effect given to the Convention in practice including information on the number of workers covered by the legislation, extracts of reports by the inspection services indicating the number of breaches of the rules on weekly rest and the penalties imposed, etc.

Finally, the Committee recalls that the ILO Governing Body has decoded tjat the Convention is outdated and has invited States parties to it to examine the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132). Since Uzbekistan’s legislation on paid annual holidays, which provides for basic holidays of 15 days (to which extended basic holiday and additional holiday are added) is significantly more advantageous than the provisions of the Convention and appears to reflect most of the requirements set in Convention No. 132, the Committee asks the Government to envisage the ratification of Convention No. 132 by adopting any legislative amendments that may be needed, and to keep the Office informed of any decision it may take in this respect.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the information provided by the Government in its first report, as well as the comments made by the Council of the Trade Union Federation of Uzbekistan and the Chamber of Industries and Entrepreneurs of Uzbekistan. It requests the Government to supply additional information on the following points.

Article 1, paragraph 1, of the Convention. Scope of application. The Committee notes that, by virtue of section 133 of the Labour Code, all workers shall receive an annual holiday with pay. It requests the Government to specify whether the Labour Code applies to staff working in all of the enterprises and establishments mentioned in the Convention, whether they are public or private.

Article 1, paragraph 3. Exemptions. The Committee requests the Government to indicate whether it has had recourse to the exemptions authorized under this provision with regard to establishments in which only members of the employer’s family are employed, or persons employed in public services whose conditions of service entitle them to an annual holiday with pay equivalent to at least six working days.

Article 2, paragraph 5. Progressive increase in the duration of the annual holiday with pay. The Committee notes that, in comments attached to the Government’s report, the Council of the Trade Union Federation of Uzbekistan states that the question of increasing the duration of the holiday with pay in line with the length of service of the worker is regulated by collective agreements, rather than by national legislation. According to the information supplied by that organization, in 2003 over 30,000 collective agreements envisaged such an increase and 2,120,000 workers thus benefited from an annual holiday with pay of more than 15 working days. The Committee requests the Government to comment on the information provided by this workers’ organization and recalls that, by virtue of this provision of the Convention, the duration of the holiday with pay must increase with the length of service, under conditions to be prescribed by national laws or regulations. The Government is also requested to provide copies of the relevant collective agreements.

Article 7. Record. The Committee notes that, according to the information supplied by the Government in its report, employers must make available the information envisaged in this provision of the Convention on a card approved by Decision No. 402 of 29 January 1998 of the Ministry of Justice. The Government also indicates that the workers must, within three days, be informed of any data added to this card with regard to recruitment, transfer to another post, holidays with pay granted and termination of the contract, and must put their signature to it. The Committee requests the Government to provide a copy of the above Decision, as well as a copy of the "T-2" card to which it refers.

Article 8. Sanctions. The Committee notes that section 9 of the Labour Code lists the authorities responsible for monitoring the application of the labour legislation, but makes no reference to a system of sanctions. It requests the Government to indicate whether such a system has been established to ensure the application of the Convention.

Part V of the report form. The Committee notes that in comments attached to the Government’s report, the Chamber of Industries and Entrepreneurs of Uzbekistan considered that it would be desirable to include in the report, not only extracts of the national labour legislation, but also examples of the practical measures taken to give effect to the provisions of the Convention (programmes, seminars, conferences, round tables, activities carried out by various labour committees and commissions, etc.). The Committee requests the Government to provide general indications on the manner in which the Convention is applied in practice.

More generally, the Committee requests the Government to indicate whether the Labour Code has been amended since 25 December 1998 and, if so, to provide a copy of such amendments. It also takes this opportunity to recall that, in accordance with the proposal of the Working Party on Policy regarding the Revision of Standards, the Governing Body of the ILO considered that Convention No. 52 was out of date and invited the States parties to the Convention to contemplate ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not considered to be fully up to date, but remains relevant in certain aspects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132, in respect of persons employed in economic sectors other than agriculture, by a State party to Convention No. 52 involves the ipso jure denunciation of the latter. The Committee requests the Government to keep the Office informed of any decision that it takes in this regard.