Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Uzbekistan

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1992)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1992)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations from the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) on both Conventions, received on 2 September 2024, and the replies from the Government, received on 8 November 2024.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a). Prohibited grounds of discrimination. Discrimination based on sex. Job advertisements and recruitment practices. The Committee notes that, in its observations, the IUF indicates that young women may be denied employment if they are pregnant and are frequently asked during job interviews whether they are married and intend to have children, and that no legal restrictions exist on requesting such information. The IUF adds that job advertisements often contain discriminatory requirements related to sex, age, appearance and place of birth. The Committee notes the Government’s indication, in its report, that national legislation prohibits discrimination in job advertisements on the basis of sex, age or ethnicity, but that no statistics are kept on gender-based violations in recruitment. Furthermore, neither the State Labour Inspectorate nor the trade unions have received complaints from job applicants regarding discrimination linked to marriage, pregnancy or the care of a child. The Government acknowledges, however, that this issue requires further data collection and analysis, and indicates that audits on discrimination in hiring are planned. The Committee notes with interest that section 392 of the Labour Code, as amended by Law No. ZRQ-1030 of 13 February 2025 on amendments and additions to the Labour Code, now explicitly prohibits any refusal to hire, dismissal or wage reduction on grounds related to pregnancy or having a child.The Committee asks the Government to provide information on: (i) the measures taken to ensure that, in practice, employers and recruitment agencies do not apply discriminatory criteria at the recruitment stage, including awareness-raising activities carried out for employers, workers, and their organizations, concerning the prohibition of discrimination in job advertising and hiring; (ii) any studies or audits carried out regarding discriminatory practices in recruitment, and their results; and (iii) the number of cases relating to discriminatory recruitment practices dealt with by the competent authorities, the penalties imposed and remedies granted.

Sexual harassment. The Committee notes the Government’s indication that: (1) pursuant to the adoption of Law No. ZRU-829 of 11 April 2023 on amendments and additions to several legislative acts, penalties in the form of fines for sexual harassment were introduced in the Code of Administrative Liability (section 41); and (2) the Programme of Measures for the Rehabilitation of Persons who have Suffered Harassment and Violence was adopted through Presidential Decision No. PP-175 of 10 May 2024. The Committee welcomes this information. The Government reports that, between April 2023 and August 2024, 100 complaints were submitted under section 411 of the Code of Administrative Liability. The Committee observes however that: (1) sexual harassment is still defined in a restrictive manner in the legislation, as the provisions do not explicitly cover all forms of sexual harassment, namely quid pro quo sexual harassment and hostile working environment sexual harassment; and (2) the legislation does not explicitly address sexual harassment in employment and occupation. The Committee considers that, although the provisions introduced in the national legislation constitute a first element of response to this serious type of discrimination based on sex, they are not sufficient to protect both men and women workers effectively against all forms of sexual harassment (and particularly behaviours and words which create a hostile or offensive working environment), nor against all potential sources of harassment (colleagues, clients and enterprise suppliers) (see 2023 General Survey on Achieving Gender Equality at Work, paras 111–117). In that regard, the Committee notes the Government’s statement that a bill to amend the Labour Code, that would provide for an employer’s obligation to prevent harassment and violence at work; permanent transfer of workers who have harassed or threatened other workers to a different job or termination of their employment; and special leave for workers following incidents of harassment and violence, is currently under consideration by the Cabinet of Ministers. The Committee asks the Government to provide information on: (i) the measures taken to include in the national legislation provisions that define and prohibit sexual harassment at work in all its forms (i.e. quid pro quo and hostile environment), in relation to all aspects of employment; (ii) the practical measures taken to prevent and address sexual harassment in employment and occupation, including awareness-raising activities carried out for employers, workers, and their organizations; and (iii) the number and outcome of cases of sexual harassment dealt with by the competent authorities, the penalties imposed and remedies granted.

Discrimination based on religion. Referring to its previous comments, the Committee takes note of the adoption of: (1) Law No. ZRU-699 of 5 July 2021 on Freedom of Conscience and Religious Organizations, which prohibits any direct or indirect advantages or restrictions for citizens based on their religion (section 6); and (2) Law No. O’RQ-1037 of 25 February 2025 on ensuring Freedom of Conscience of Citizens and approving the State Policy in the Religious Sphere, which identifies among its main objectives the guarantee of freedom and equality for all citizens, irrespective of religion, and the adoption of measures to prevent discrimination in this regard. The Committee requests the Government to continue its efforts to prevent and address discrimination based on religion in employment and occupation, and to provide information on the manner in which the above-mentioned laws and State policy are implemented in practice.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. Luli/Roma people. The Committee again asks the Government to provide information on any measures taken to promote equality of opportunity and treatment of Luli/Roma people in education, training and employment, and any assessment made of their impact.

Article 1(1)(b) and 2. Discrimination based on disability. The Committee notes the adoption of Presidential Decision No. PP-57 (21 December 2022), which introduces additional support measures for persons with disabilities, including public subsidies for vocational training, work equipment and tools. Since 1 January 2022, employers hiring persons with disabilities have been eligible for monthly subsidies for six months. As a result, the number of persons with disabilities benefiting from employment support – such as reserved posts, employer subsidies and vocational training – increased from 15,297 in 2022 to 17,412 in 2023 (a 14 per cent rise). The number employed in reserved posts also grew from 1,822 to 3,249 over the same period. The Committee also notes the IUF’s observations that the Labour Code provides certain protections for workers with disabilities – such as reduced working hours without loss of pay, limits on night and overtime work, and extended annual leave (sections 424–431). While beneficial for those with severe disabilities, the IUF considers that these rules may unintentionally create barriers to hiring and workplace integration, pushing many persons with disabilities toward self-employment. The IUF also highlights limited access to education due to inadequate infrastructure, leading to lower educational attainment and reduced employment prospects. The Committee requests information on: (i) assessments conducted, in cooperation with social partners, on the effectiveness and impact of existing measures, and any obstacles identified; (ii) any follow-up actions taken; and (iii) employment rates of persons with disabilities, disaggregated by sex and by public and private sector.

Articles 2 and 5. Special measures of protection. Restriction on the employment of women. The Committee notes that, pursuant to section 393 of the Labour Code, as amended by Law No. ZRQ-1030 of 13 February 2025, the employer may, in agreement with the trade union committee, and taking into account the recommendations made by the Government in agreement with the Tripartite Commission on Social and Labour Issues, establish a list of individual jobs with unfavourable conditions in which the employment of women is restricted. Furthermore, women are prohibited from lifting and moving weights that exceed the maximum permissible limits. In that regard, the Committee recalls that a distinction should be made between special measures to protect maternity in the strict sense, which come within the scope of Article 5 of the Convention, and measures based on stereotypical perceptions of women’s capabilities and their role in society, which are contrary to the principle of equality of opportunity and treatment. Indeed, restrictions on the employment of women (who are not pregnant or are not breastfeeding) are contrary to gender equality and may also create legal barriers preventing women to access well-paid jobs, unless such measures are adopted to genuinely protect their health. This protection must be determined based on the results of a risk assessment showing that there are specific risks for the health and/or security of women. Provisions regarding the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Moreover, with a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men (see the 2012 General Survey on the fundamental Conventions, paras 839 and 840 and the 2023 General Survey on Achieving Gender Equality at Work, paras 83–93). The Committee asks the Government to provide information on: (i) the measures taken to ensure that any protective measures regarding women’s employment are limited to maternity protection in the strict sense and based on risk assessment; (ii) the types of jobs in which the employment of women has been “restricted”, and the criteria used to that end; and (iii) the recommendations made by the Government regarding individual jobs with unfavourable conditions for women.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Article 3. Objective job evaluation. The Committee notes the Government’s indication that, since June 2021, the State Standards (HALIKK-2020), which establish the classification of main civil service positions and occupational categories, also determine the applicable range of tariff pay grades which are compulsory for organizations funded by the State budget and advisory for other organizations. The Government adds that trade unions insist on the widespread introduction of tariff pay scales and the establishment of an optimal ratio between tariff and above-tariff parts of the payroll. The Committee asks the Government to provide information on: (i) the method used to establish the classification of jobs of employees in the public sector and corresponding salary scales without gender bias; and (ii) any measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work.

Convention s Nos 100 and 111 – Application in practice

Articles 2(2)(c) and 4 of Convention No. 100 and Article 3(a) of Convention No. 111. Collective agreements and gender equality. The Committee notes the Government’s statement that paragraph 92 of the General Collective Agreement of 16 December 2022 between the Cabinet of Ministers of Uzbekistan, the Federation of Trade Unions of Uzbekistan and the Confederation of Employers of Uzbekistan on Social and Economic Issues for 2023–25, provides for the obligation to ensure equal rights and opportunities for women and men, and establishes the need to monitor the elimination of pay inequality between women and men. The Government adds that all collective agreements have undergone public review by the relevant trade union bodies, taking into account the requirements of the new Labour Code and of the General Collective Agreement. Referring to its previous comments, the Committee once again notes with regret that the parties to the General Collective Agreement did not seize this latest opportunity to incorporate the principle of equal remuneration for men and women for work of equal value. It also notes that, in its observations, the IUF indicates that, in practice, collective agreements do not include provisions ensuring equal rights for women and men in employment and occupation, nor the principle of equal remuneration for work of equal value, nor other clauses explicitly prohibiting discrimination.

Enforcement. The Committee notes that, in its observations, the IUF draws attention to: (1) the low level of public awareness regarding discrimination, which hampers the identification of discriminatory practices and limits the ability of victims to seek protection from the competent authorities; and (2) the inadequacy of the existing legislative framework, which remains insufficient to ensure effective protection against discrimination and is further weakened by shortcomings in enforcement. The IUF also indicates that the Government does not publish information on situations of discrimination faced by workers. The Committee notes the Government’s indication that judges have benefited from specialized training on discrimination, but that no case or complaint relating to the principles of Conventions Nos 100 and 111 has been detected or received by the competent authorities. The Government considers that the low number of discrimination-related court cases demonstrates the absence of disputes in this area. In this regard, the Committee recalls that no society is free from discrimination and that the absence of cases or complaints may reflect a lack of an appropriate legal framework, lack of confidence in, or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey, para. 871). The Committee also refers to its 2024 observation on the Labour Inspection Convention, 1947 (No. 81), concerning the significant restrictions placed on labour inspectors’ powers, and the moratorium on inspections. It further notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the persistent barriers to women’s access to justice, including their limited knowledge of their rights and the remedies available to claim them, as well as judicial gender bias and entrenched gender stereotypes (CEDAW/C/UZB/CO/6, 1 March 2022, para. 11). In light of the above, the Committee asks the Government to: (i) take appropriate measures to strengthen the enforcement of legal provisions on equality and non-discrimination in employment and occupation, including through targeted labour inspections, effective access to complaints and remedies, and the application of appropriate sanctions; and (ii) provide information on the number of discrimination cases in employment and occupation, disaggregated by ground of discrimination formally prohibited by the Convention – including cases of unequal remuneration – dealt with by the Ombudsman, the State Labour Inspectorate or the courts, and their outcomes.