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Article 4 of the Convention. Collective bargaining. The Committee recalls that it had previously requested the Government to amend certain provisions of the Labour Code, in particular sections 21(1), 23(1), 31, 35, 36, 48, 49 and 59 so as to ensure that the legislation makes it clear that, only in the absence of trade unions at the enterprise, branch or territory, the authorization to bargain collectively can be conferred to other representative bodies elected by workers. The Committee notes with regret that in its report, the Government provides no indication on measures taken or envisaged in this respect. The Committee once again recalls that direct negotiation between the undertaking and its employees, bypassing sufficiently representative organizations where these exist, might be detrimental to the principle that negotiation between employers and organizations of workers should be encouraged and promoted. The Committee therefore once again requests the Government to amend the abovementioned sections so as to ensure that it is clear that only in the event where there are no trade unions at the enterprise, branch or the territory, an authorization to bargain collectively can be conferred to other representative bodies. The Committee requests the Government to indicate measures taken or envisaged in this respect.
The Committee had previously requested the Government to provide the relevant legislative texts establishing the procedure for settlement of collective labour disputes, as referred to in sections 33 and 281 of the Labour Code. Noting that the Government provides no information in this regard, the Committee reiterates its previous request.
Articles 5 and 6. In its previous comments, the Committee had requested the Government to provide detailed information on trade union and collective bargaining rights of public servants and to list the categories of workers excluded from the application of the Convention. The Committee notes with regret that the Government provides no specific information in this regard and reiterates instead, as it did it its previous report that the application of Convention does not extend to public servants and shall in no way be interpreted as depriving them of their rights or status. The Committee recalls that the only exceptions that may be allowed to the guarantees laid down in the Convention concern armed forces, police and public servants who are engaged in the administration of the State. The Committee recalls that while Article 6 of the Convention allows public servants engaged in the administration of the State to be excluded from its scope, other categories should enjoy the guarantees of the Convention and therefore be able to negotiate collectively their conditions of employment, including wages. The Committee therefore once again requests the Government to provide detailed information on trade union and collective bargaining rights of public servants and to list the categories of workers excluded from the application of the Convention and therefore not enjoying the rights enshrined therein.
The Committee notes the Law on Trade Unions, their Rights and Guarantees for their Activities of 1992, the Labour Code of 1995, as amended up to 1998, and the Administrative Responsibility Code of 1994, as amended up to 2001.
Articles 1, 2 and 3 of the Convention. The Committee notes that under the abovementioned legislation, acts of anti-union discrimination and interference in trade union affairs are prohibited, and that aggrieved workers can apply to the relevant courts for redress (including reinstatement) and material and moral compensation. The Committee further notes that violation of the labour legislation is punishable by a fine of between two and five times the minimum monthly salary.
Article 4. The Committee notes that, while according to section 21(3) of the Labour Code the existence of other workers’ representative bodies at the enterprise must not obstruct the activity of trade unions, pursuant to sections 21(1), 23(1), 31, 35, 36, 48, 49 and 59 of the Code, trade unions or other representative bodies elected by workers can conduct collective bargaining and conclude collective agreements at all levels. The Committee considers that direct negotiation between the undertaking and its employees, bypassing sufficiently representative organizations where these exist, might be detrimental to the principle that negotiation between employers and organizations of workers should be encouraged and promoted. The Committee therefore requests the Government to amend the abovementioned sections so as to ensure that it is clear that only in the event where there are no trade unions at the enterprise, branch or the territory, that an authorization to bargain collectively can be conferred to other representative bodies. The Committee requests the Government to indicate the measures taken or envisaged in this respect.
The Committee notes that according to sections 33 and 281 of the Labour Code, collective labour disputes are settled according to the procedure provided for by the legislation. The Committee requests the Government to provide the relevant legislative texts providing for such a procedure.
Articles 5 and 6. The Committee had previously noted that the Law on Trade Unions applied to both the public and private sectors, but that section 6 provided that particular features of its application in the internal affairs organs were determined by laws and regulations concerning these units and requested the Government to provide information on the trade union rights of these categories of worker. The Committee notes from the Government’s report that the “scope of Convention No. 98 does not extend to public employees and must in no way be seen as depriving them of their rights and duties”. Recalling that the Convention applies to all public servants not engaged in the administration of the State, the Committee requests the Government to provide detailed information on trade union and collective bargaining rights of public servants and to list the categories of workers excluded from the application of the Convention and therefore not enjoying the rights enshrined therein.
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.
1. The Committee notes the Government’s report and the Law of the Republic of Uzbekistan on Trade Unions, Their Rights and Guarantees for their Activities, dated 2 July 1992.
The Committee notes the Government’s report.
The Committee will examine the application of Convention No. 98 in Uzbekistan as soon as the translation of the Government’s report and of the law on trade unions is available. The Committee requests the Government to transmit the law on non-governmental and non-profit organizations.