Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Ouzbékistan

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 2019)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 2019)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3 and 5(a) of Convention No. 81 and Article 6 and 12(1) of Convention No. 129. Functions of labour inspectors. In its previous comment, the Committee requested the Government to provide information on the application of Section 2 of the Presidential Decision No. PP-3913/2018 on measures to improve the structure of labour bodies and strengthen the rules governing the protection of citizens’ employment rights and occupational safety (Presidential Decision No. PP-3913/2018) and section 38 of the Regulations on the State Labour Inspectorate of the Ministry of Employment and Labour Relations of the Republic of Uzbekistan (Regulations on the SLI), in Annex 3 of the Decision of the Cabinet of Ministers of the Republic of Uzbekistan No. 1066 of 31 December 2018. These provisions provide that the term of engagement (secondment) of inspectorate personnel to inspections (investigation teams) shall be no more than ten days per month. Noting the absence of information in this respect, the Committee requests once again the Government to clarify the meaning of these provisions and to provide information on their practical application. In particular, the Committee requests the Government to indicate whether the ten-day limit in these provisions refers to the time spent by inspectors in performing inspection visits for the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, as established in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129, or to other duties that might be entrusted to labour inspectors by other enforcement agencies, as referenced in Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129.

Articles 4 and 5(b) of Convention No. 81 and Articles 7 and 13 of Convention No. 129. Supervision and control by a central authority. Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes that following the amendments to the Labour Code, section 535 of the Code provides that the State Labor Inspectorate (SLI) is a structural subdivision of the Ministry of Employment and Labor Relations of the Republic of Uzbekistan, which exercises state control and supervision over the compliance by employers with the requirements of labour legislation, legislation on employment of the population, on compulsory insurance of civil liability of the employer, on the rights of persons with disabilities, other legal acts on labour, labour protection rules and labour standards. In addition, section 540 of the Code provides that trade unions, their associations, divisions and primary trade union organizations have the right to exercise public control at workplaces over employers' compliance with the requirements of labour legislation and labour protection rules, as well as collective agreements, and other acts adopted by the employer in agreement with the trade union committee. In order to exercise this public control, trade unions, as well as their associations, have the right to create their own inspections. The Committee notes that: (i) section 44 of the Trade Union law still provides that trade union inspections may be established in the structure of trade unions, their associations and subdivisions, in which the relevant trade union inspectors carry out their activities; and (ii) according to section 10 of the Decree of the President of the Republic of Uzbekistan dated June 19, 2017 No. UP-5087 “On measures to radically improve the system of state protection of legitimate interests of business and further development of entrepreneurial activity”, the Chamber of Commerce and Industry of the Republic of Uzbekistan is tasked with monitoring the inspections of business entities and with conducting an analysis of the state of compliance by authorized bodies with the rights and legitimate interests of business entities. The result of this assessment is presented to the Administration of the President of the Republic of Uzbekistan and the Cabinet of Ministers of the Republic of Uzbekistan and other authorized bodies. Noting the absence of information in this regard, the Committee once again requests the Government to indicate the cases and conditions under which trade unions exercise the inspections functions entrusted to them by section 540 of the Labour Code and section 44 of the Trade Union law. The Committee requests the Government to indicate the manner in which the central authority maintains supervision and control of the labour inspection system in its entirety and to specify the conditions and modalities under which the SLI collaborates with the labour inspection bodies under the authority of the trade unions (including any delegation of powers and supervision of their activities). The Committee also requests the Government to provide detailed information on the functions exercised by the trade union labour inspectors in the areas of enforcement, prevention and provision of information and advice. It requests the Government to provide information on the number of trade union labour inspectors, their gender and geographical distribution, the nature of their professional training, and their fields of specialization. The Committee further requests the Government to provide information on the application of section 10 of the Decree of the President of the Republic of Uzbekistan dated June 19 2017 No. UP-5087 and on the assessment conducted by the Chamber of Commerce on labour inspection activities carried out by the SLI.

Articles 6, 11 and 15(a) of Convention No. 81 and Articles 8, 15 and 20(a) of Convention No. 129. Status and conditions of service of labour inspectors. Resources allocated to the labour inspectorate. Independence and impartiality of inspectors. The Committee notes that following the amendment of the Regulations on the SLI, section 39 of the Regulations provide that the monthly bonuses to be provided to the heads of labour bodies and employees of the inspectorate, in the amount of up to ten per cent of the fines levied on the administrative offences applied, should be no more than 35.15 times the minimum wage (previously the limit was set at 100 times the minimum wage). The Committee notes the Government’s indication, in its report, that at the territorial level, inspectors are provided with premises, at the district level inspectors have a separate room equipped with the necessary work facilities, and inspectors have their own workplace equipped with the necessary inventory and office equipment. The Government adds that transport facilities for the performance of duties are not provided, and reiterates that that the Regulations on the SLI provide for monthly payments to inspectors in the form of reimbursement for travel and meals expenses amounting to twice the minimum wage respectively. Noting the absence of a reply to its previous comment, the Committee requests once again the Government to provide specific information on the application in practice of section 39 of the Regulations on the SLI, including the amount of monthly bonuses awarded to individual inspectors in relation to the amount of the minimum wage. The Committee also requests once again the Government to provide information on: (a) the measures taken or envisaged in order to ensure the impartiality, stability of employment and independence of changes of government of labour inspectors in the performance of their duties; and (b) the salaries and benefits of the inspectors in comparison with those of other public officials exercising similar functions in other Government services, such as tax inspectors and police officers. The Committee further requests the Government to indicate the measures adopted in order to ensure that the SLI has sufficient material and financial resources to effectively perform its duties. In particular, noting that the 15 vehicles previously allocated to the SLI were withdrawn, the Committee requests the Government to provide information on how it ensures that labour inspectors are provided with transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No.129.Training of labour inspectors. The Committee notes the adoption, in October 2022, of the new Regulations on the procedure for certifying officials of the supervisory bodies to grant the right to inspect the activities of business entities (Appendix 2 of the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan, No. 611 dated 19.10.2022). The Committee notes that this Regulation provides: (i) for the certification of inspectors of business entities every three years; and (ii) that an official who is considered by the Attestation Commission to have not passed the attestation is prohibited from checking the activity of a business entity and may be re-certified after at least six months. With regard to training offered to labour inspectors, the Committee notes the Government’s indication that 15 inspectors completed an induction course in 2022 and 10 inspectors in the first nine months of 2023. In addition, 102 inspectors in 2022 and 17 inspectors in the first nine months of 2023 completed an advanced training. Noting the absence of information in this regard, theCommittee requests once again the Government to provide information on the training provided to labour inspectors on the specific risks in agriculture upon their entry into service and in the course of employment.

Articles 8 and 10 of Convention No. 81 and Articles 10 and 14 of Convention No. 129. Human resources of the labour inspectorate. The Committee notes the Government’s indication under Article 8 of Convention No. 81 and Article 10 of Convention No. 129 that as of January 2023, there were 278 inspectors, including 13 women (4.7 per cent of the total number of employees). However, the Committee further notes that under Article 10 of Convention No. 81 and Article 14 of Convention No. 129, the Government refers to a total of 309 labour inspectors, as of January 2023. The Committee requests the Government to clarify the number of labour inspectors, disaggregated by gender, employed by the SLI, and to provide information on the number of inspectors employed by the SLI at the central and regional levels. Noting that in 2021 the SLI had 348 inspectors, the Committee requests the Government to indicate the number of vacant positions, and the measures adopted in order to recruit new inspectors, including female inspectors.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Duly qualified technical experts and specialists. The Committee notes the Government’s indication that according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 286 of 6 June 1997, on Investigating and Recording Industrial Accidents and Other Damage Caused to the Health of Workers in the Performance of their Duties, SLI officials shall have the right to invite experts to participate in the investigation of accidents, from whom an expert group may be established. In addition, the Government indicates that in accordance with the Regulations on the SLI, specialists with a higher technical education shall be hired for the position of state technical inspector for occupational safety. These include electrical power engineers, construction workers, agricultural engineers, mechanics, etc. The Government specifies that, SLI employs 202 inspectors with a higher legal education and 107 inspectors with a higher engineering and technical education. The Committee takes note of this information which addresses its previous request.

Article 13 of Convention No. 81 and Articles 17 and 18 of Convention No. 129. Preventive and remedial actions adopted by labour inspectors. The Committee notes that section 8(4) of the Regulations on the SLI, still limits the validity of an order to stop operations to a maximum period of ten days. The Committee further notes that section 54 of the Presidential Decree PP 374 of 13 September 2022, on measures to improve the procedure for coordinating inspections of business entities, provides that based on the deficiencies identified during the implementation of preventive measures, the official of the regulatory body shall assist the business entity in eliminating them, and also provide explanations or recommendations aiming at such rectification. The Committee notes the Government’s indication that in 2022, the labour inspectorate issued 9,331 orders to remedy identified violations, filed 2,675 submissions against officials who had violated labour legislation, and that in 134 cases it suspended activities of organizations or the operation of equipment that did not meet occupational safety requirements or posed a threat to the life or health of workers for a period of ten days. The Committee requests the Government to provide further information on the application in practice of section 8(4) of the Regulations of the SLI, in particular with regard to the measures taken by labour inspectors in cases where the violations which justified a suspension order are not rectified within the ten days period. The Committee further requests the Government to indicate whether, in case of violations identified during the implementation of preventive activities, labour inspectors are empowered to take measures with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers, including suspension orders, as required by Article 13(1) and (2) of Convention No. 81 and Article 18(1) and (2) of Convention No. 129.Noting the restrictions to the powers of labour inspections as examined in its observation under these Conventions, the Committee requests the Government to continue to provide information on the number of suspension orders and orders to remedy the violation of the law issued by labour inspectors, and the length of time that each order was valid and in effect. Noting the absence of information on this matter, the Committee also requests the Government to provide information on the measures taken by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.

Article 14 of Convention No. 81 and Article 19(1) of Convention No. 129. Notification of accidents and diseases. The Committee notes the Government’s indication in its report that in 2022, 878 special investigations of industrial accidents were conducted on the basis of accident reports submitted by employers. Noting the absence of information in this regard, the Committee requests once again the Government to provide information on the measures taken or envisaged in order to ensure that labour inspectors are notified of cases of occupational diseases, as required by Article 14 of Convention No. 81 and Article 19(1) of Convention No. 129. With reference to its comment below under Article 21 of Convention No. 81 and Article 27 of Convention No. 129, the Committee also requests the Government to include detailed information on the number of occupational accidents and diseases in the labour inspection report.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. The Committee notes the Government’s indication that the labour inspection reports for the years 2021 and 2022 have been prepared and published. The Government adds that the 2022 report contains information on laws and regulations relating to labour inspection activities; labour inspection personnel; statistics on inspection visits; statistics on violations identified and sanctions imposed; and statistics on industrial accidents. However, the Government indicates that statistics on the enterprises covered by inspection, and the number of workers employed therein, as well as statistics on occupational diseases have not yet been included. The Government also indicates that the 2022 report has been appended to its report. However, the Committee is bound to observe that such report has not been received by the Office. The Committee requests the Government to ensure that the labour inspection reports are published and transmitted to the ILO, in accordance with Articles 20 of Convention No. 81 and 26 of Convention No. 129. The Committee encourages the Government to pursue its efforts to ensure that future annual inspection reports contain complete information on all the subjects listed in Articles 21 of Convention No. 81 and 27 of Convention No. 129, including information on inspection activities in the agricultural sector.