Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Law of the Republic of Uzbekistan on Trade Unions, Their Rights and Guarantees for their Activities, dated 2 July 1992.

2. Articles 1 and 2 of the Convention. Sanctions in cases of anti-union discrimination or anti-union interference. The Committee notes the important provisions of the abovementioned Law concerning anti-union discrimination and acts of interference. The Committee notes that the Government has not provided information on the sanctions applicable in case of infringements of these provisions. The Committee recalls that legislation should make express provisions for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference in order to ensure the application in practice of Article 2 of the Convention. Moreover, to ensure that these measures receive the necessary publicity and are effective in practice, the relevant legislation should explicitly lay down appeals and sanctions in order to guarantee the application of provisions prohibiting acts of interference (see 1994 General Survey on freedom of association and collective bargaining, paragraph 232). The Committee requests the Government to indicate and adopt legislative provisions providing for effective and sufficiently dissuasive sanctions (civil or administrative or penal) against acts of interference.

3. Article 4 of the Convention. Collective bargaining. The Committee notes that the abovementioned Law does not provide information on the right of federations and confederations to bargain collectively. The Committee requests the Government to provide information in this respect.

4. Scope of the Convention. The Committee notes that the Law applies to both the public and the private sectors but that article 6 establishes that particular features of application of the present Law in the interior affairs organs are determined by laws and regulations concerning these units. The Committee requests the Government to provide information on the trade union rights of these categories of workers.