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

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.

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality and non-discrimination, under examination this year, 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) and (3). Prohibited grounds of discrimination. Direct and indirect discrimination. Legislation. The Committee notes with satisfaction that section 4 of the new Labour Code, which entered into force on 30 April 2023, now prohibits “any direct or indirect restrictions or […] advantages in the sphere of employment and occupation” based on several grounds of discrimination. Referring to its previous comments, the Committee, however, notes with regret that the Government did not seize the opportunity of the revision of the Labour Code, nor its subsequent amendments in 2024 and 2025, to: (1) explicitly prohibit discrimination based on “colour” and “political opinion”; and (2) include a general definition of direct and indirect discrimination in employment and occupation. The Committee notes the Government’s indication, in its report, that: (1) the draft law on equality and the prohibition of discrimination, which is intended to define direct and indirect discrimination, is still being finalized; and (2) a bill to amend section 4 of the Labour Code to include “colour” and “political opinion” as prohibited grounds of discrimination is currently under consideration by the Cabinet of Ministers. With regard to the reference in the Labour Code to “any other circumstances unrelated to the qualifications of the worker or the results of his/her work” as an open-ended ground of discrimination, the Committee notes the Government’s statement that no interpretation has been provided so far, as no discrimination case has yet been submitted to the courts. The Committee, however, notes that, in its observations, the IUF expresses concerns about the declaratory nature of the general prohibition of discrimination and emphasizes that, as a result of the inadequacy of existing regulations and the lack of definitions of the different types of discrimination, there is a lack of understanding of the nature of discriminatory practices among workers and employers. The Committee urges the Government to take the necessary measures to ensure effective and comprehensive legal protection for workers against both direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention, including “colour” and “political opinion”, and with respect to all aspects of employment and occupation, as provided for in Article 1(3). It further asks the Government to provide information on any proactive measures adopted to raise awareness on the concepts of direct and indirect discrimination among employers and workers, and their respective organizations, particularly in the context of the revision of the Labour Code.

Articles 1(1)(a), 2 and 3. Equality of opportunity and treatment for men and women. Addressing sex discrimination, gender stereotypes and occupational segregation. The Committee notes with interest: (1) the adoption of the Uzbekistan 2030 Strategy (Goal 25) and the Strategy to Achieve Gender Equality in Uzbekistan Until 2030, and the creation of gender-focused institutions such as the Gender Commission and the National Commission on Advancing Women’s Role in Society. It also notes the new Labour Code provisions supporting work–family balance and welcomes in this regard the ratification by Uzbekistan of the Workers with Family Responsibilities Convention, 1981 (No. 156), on 7 August 2024. The Government reports measures under the 2022–26 National Programme to expand women’s access to education, vocational training (particularly in science, technology, engineering and mathematics, STEM) and entrepreneurship, particularly in rural mahallas (neighbourhoods). Despite these initiatives, significant gender gaps persist in 2023: women’s labour force participation was 39.9 per cent – 32.9 points lower than men’s; women remain under-represented in management (35 per cent); and 42 per cent of young women were neither in employment, education nor training (NEET) – compared to 8.8 per cent of men. The Committee notes the concerns raised by the IUF regarding persistent stereotypes, limited access to higher education, and ongoing occupational segregation, with women concentrated in healthcare, social services and education. The Committee finally notes that several United Nations (UN) treaty bodies have recently expressed concern, in their concluding observations, regarding: (1) low enrolment rates of women and girls in tertiary and higher education and high drop-out rates among girls in secondary education; (2) the continued concentration of women and girls in traditionally female-dominated fields of study and their under-representation in STEM and information and communications technology (ICT), which reduces their prospects in the labour market; (3) persistent horizontal and vertical gender segregation in the labour market and under-representation of women in decision-making positions, including in the public sector; (4) entrenched discriminatory gender stereotypes, and insufficient efforts to ensure the equal sharing of domestic and child-rearing responsibilities between women and men; and (5) the low percentage of women’s land ownership (23 per cent) (CEDAW/C/UZB/CO/6, 1 March 2022, paras 19, 25, 31 and 35; and E/C.12/UZB/CO/3, 31 March 2022, para. 26). The Committee calls on the Government to strengthen efforts to challenge gender stereotypes and reduce occupational segregation, and to report on the impact of measures taken, supported by sex-disaggregated data on vocational training and employment, including by sector and occupational group, particularly in rural areas.

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

Articles 1 to 4. Assessing and addressing the gender pay gap. The Committee notes, that the gender pay gap remains significant, standing at 34 per cent in 2022. The Government indicates that this gap is largely attributable to occupational segregation, with women concentrated in lower-paid sectors, the disproportionate burden of family responsibilities borne by women, and gender-based discrimination. In its observations, the IUF emphasizes that unequal remuneration between men and women results from direct discrimination compounded by women’s predominance in low-paid sectors and in the lowest-paid positions. It also points out that the effective assessment of the gender pay gap is hampered by the absence of regularly published gender-disaggregated data. In this regard, the Committee welcomes the Government’s indication that, in the framework of the Strategy to Achieve Gender Equality in Uzbekistan Until 2030 – which identifies achieving equal pay for men and women for work of equal value as a specific objective – a reform of the national statistical system is planned with a view to introducing gender-disaggregated data. The Committee takes note of the concerns expressed: (1) by the UN Committee on the Elimination of All Forms of Discrimination against Women (CEDAW), in its concluding observations, regarding the substantial gender pay gap and persistent horizontal and vertical segregation in the labour market, as well as barriers to women’s promotion to managerial positions, higher-paid jobs and decision-making roles, including within public administrations (CEDAW/C/UZB/CO/6, 1 March 2022, para. 31(b)); as well as (2) by the UN Committee on Economic, Social and Cultural Rights (CESCR) regarding the concentration of women’s entrepreneurship in low-profit sectors, such as wholesale and retail trade and agriculture, and home-based entrepreneurship, and the concentration of women in the informal economy and in low-paid jobs, often in exploitative conditions and without access to labour and social protection (E/C.12/UZB/CO/3, para. 26). It further notes the findings of recent research by the World Bank, which identified clear and systematic bias against women in wage-setting practices, who are both paid less on average and significantly less likely to reach higher income levels (World Bank, Country Gender Assessment, 2024). The Committee notes with concern this information and the absence of information from the Government on concrete measures taken to address these challenges in practice. The Committee urges the Government to take the necessary measures to reduce the gender pay gap through a multi-pronged approach. It requests the Government to provide information on proactive measures implemented or envisaged to address the structural causes of the gender pay gap, and statistical data on pay disparities, disaggregated by sex, if possible by economic sector and occupational category.

Articles 1(b) and 2(2)(a). Work of equal value. Scope of application. Legislation. The Committee notes the Government’s statement that, while section 21 of Law No. LRU-562 of 2 September 2019 on Guarantees of Equal Rights and Opportunities for Women and Men provides for “equal wages for women and men for equal labour”, section 244 of the new Labour Code – which explicitly refers to “ensuring equal pay for men and women for work of equal value” – shall prevail. Indeed, pursuant to section 18(4) of Law No. LRU-682 of 20 April 2021 on Normative Legal Acts, in the event of discrepancies, the provisions of the most recently adopted legislation shall apply. The Committee takes due note of this clarification and emphasizes that a clear understanding of the concept of “work of equal value” is essential to ensuring the full and effective application of the Convention. It also underscores the importance of ensuring coherence across all legislative provisions relating to equal remuneration, with a view to giving full effect to the Convention and facilitating its coherent supervision by the competent authorities. The Committee urges the Government to take the necessary measures to ensure that the principle of equal remuneration for work of equal value is consistently and coherently reflected throughout national legislation, including by aligning the provisions of Law No. LRU-562 of 2019 with those of the Labour Code to ensure legal certainty. It asks the Government to provide information on any legislative development in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(1)(a) of the Convention. Definition of remuneration. Recalling that section 244 of the new Labour Code, which was adopted in March 2022 and will enter into force in April 2023, gives legislative expression to the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to specify the elements covered by the term “remuneration” in this provision.

Articles 2 and 4. Determination of rates of remuneration. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee welcomes the fact that one of the key outputs of the Decent Work Country Programme for 2021-2025 is “the capacity of constituents strengthened to improve wage-setting regulations and their effective implementation and ensure equal remuneration for women and men for work of equal value”. It also welcomes the Government’s indication that: (1) in 2018, an industrial agreement was amended to include a list identifying occupations primarily held by women (group 2) such as cleaner or seamstress, and occupations primarily held by men (group 1) such a carpenter or gardener, that are equally remunerated. It was agreed that any changes in the conditions of pay for persons employed in occupations in group 1 led to equivalent changes for group 2; (2) in 2019, the following paragraph was included in the collective agreement template: “5.20. In accordance with the ILO Equal Remuneration Convention, 1951 (No. 100), equal remuneration is provided for men and women for work of equal value that may have been completed in different conditions and making use of different capabilities and skills, and that are unrelated according to the Jobs and Professions List given in Annex 25”, with the list of jobs to be produced independently by each enterprise; and (3) in January 2020, the General Agreement between the Cabinet of Ministers of the Republic of Uzbekistan, the Council of the Federation of Trade Unions of Uzbekistan, and the Confederation of Employers of Uzbekistan on Social and Economic Issues for the period 2020–2022 was signed and provides for the “elimination of pay inequalities between women and men” (art. 62). While noting that this inclusion constitutes a real progress towards the implementation of the Convention, the Committee notes with regret that the social partners did not seize this opportunity to include in the General Agreement the principle of equal remuneration for men and women for work of equal value.

As regards determination of rates of remuneration, the Committee notes that section 246 of the new Labour Code provides that “remuneration systems, including wage rates, salaries, additional compensatory payments and allowances, including for work in abnormal conditions, incentive payments and bonuses, are established by collective agreements, collective bargaining agreements and local acts adopted by the employer in agreement with the trade union committee, the employment contract in accordance with labour law”. The Committee therefore asks the Government to provide information on any measures taken to promote the inclusion of the principle of equal remuneration for men and women for work of equal value in the next General Agreement and to update the collective agreements template. It also asks the Government to provide information on the cooperation with workers’ and employers’ organizations and, more specifically, to indicate the manner in which such cooperation gives effect to the principle set in the Labour Code and the Convention.

Article 3. Objective job evaluation. The Committee emphasizes that the concept of “work of equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. This is different from performance appraisal, which aims at evaluating the performance of an individual worker in carrying out his or her job. Objective job evaluation is therefore concerned with evaluating the job and not the individual worker (for more information on objective job evaluation, see 2012 General Survey on the fundamental Conventions, paragraphs 695-708). The Committee notes that Law No. LRU-562 on guarantees with respect to equal rights and opportunities for women and men refers to “an equal approach to assessment of the quality of work of women and men”. It notes that such an approach does not amount to “objective job evaluation”, but it seems rather to amount to “performance appraisal”, which aims at evaluating the performance of an individual worker in carrying out his or her job. It also notes that section 246 of the new Labour Code provides that “remuneration conditions and amounts are determined by agreement between the employer and the employee, taking into account the complexity and conditions of the work, the employee's professional qualifications and business qualities, the results of his work and the organization's economic situation in accordance with the remuneration systems in force at the given employer.” In this regard, the Committee observes that factors such as “the results of [the worker’s] work” relate more to the performance appraisal of the individual worker rather than to objective job evaluation. In light of the above, the Committee asks the Government to provide information on any objective job evaluation method and criteria developed and used to implement the principle of equal remuneration for men and women for work of equal value set in the Labour Code and the Convention. It also encourages the Government to consider using gender neutral terminology in its legislation.

Classifications of jobs. The Committee notes the Government’s indication that, in accordance with Presidential Decision of 31 December 2020 on Measures to Fundamentally Improve the Qualification Assessment System and to Provide the Labour Market with Qualified Workers, the Classification of Established Jobs and Professions (KODP 2020) was developed and approved. It also notes that the Government affirms that: (1) the classification also serves as a foundation for drafting official sector-specific qualification and rate reference forms; and (2) the classification’s labour remuneration rates do not vary according to gender indicators and there are no predetermined differences in pay scale between men and women. Given the persisting gender segregation in the labour market, the Committee hopes that the remuneration rates based on the new classification were established without gender bias and in particular without undervaluing tasks mainly performed by women, and thus asks the Government to provide information on the impact of the new classification on the gender pay gap.

Enforcement, training and awareness-raising. The Committee notes the Government’s indication that, in the period 2018–2019, no cases relating to the principle of equal remuneration for men and women for work of equal value were heard by the courts and no such complaints were reviewed by the Prosecutor General’s Office nor by the Ombudsperson. Recalling that the principle of equal remuneration for men and women for work of equal value is now included in the newly adopted Labour Code, the Committee asks the Government to provide information on:

• (i)any training activities envisaged to improve the capacity of labour inspectors to detect and address violations of this principle; and
• (ii)any awareness-raising activities among workers, employers and their organizations.

It also asks the Government to continue to provide information on:

• (i)the number, nature and outcome of any violations of the labour law which relate specifically to pay discrimination between men and women; and
• (ii)on any cases dealt with by the Prosecutor-General’s Office, the courts or the Ombudsperson which relate to the principle of the Convention.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations from the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 30 August 2021.

Articles 1–4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes that, according to the observations of the IUF, the issue of unequal remuneration of men and women for work of equal value is one of the components of discrimination and there are a number of manifestations of unequal payments between men and women in the country. According to the IUF, it is difficult to determine the gender pay gap accurately, because State bodies do not publish statistics that allow such an analysis, nor do they publish information about instances of discrimination against workers. The IUF adds that as women fulfil the role of mother and parent and bear primary responsibility for supervising and caring for children, employers perceive them as less attractive employees. It also emphasizes that women’s participation in the labour market is limited by widespread adherence to patriarchal stereotypes, in particular with regard to childcare responsibilities, and the manner in which parental leave is used – exclusively by women – increases the income gap between women and men. After their parental leave comes to an end, women continue to shoulder all child and family care duties, which impacts their involvement in paid work, their career growth and, undoubtedly, their wages. The organization adds that adherence to patriarchal stereotypes is manifested, inter alia, in the active promotion of “working from home” which is low-paid and serves to reinforce the perception that women’s work needs to be adapted to their family responsibilities rather than encouraging equal distribution of such responsibilities. In addition, according to the IUF, horizontal segregation in the labour market reflects a clear division between “female” and “male” specialties and occupations, the latter being as a rule more highly paid, while women find themselves predominating in occupations with low wages. Horizontal gender segregation which hinders women’s development and limits their future economic opportunities can also be explained by women’s choice of field of studies and inadequate levels of education. The Committee also notes the IUF’s indication that there is vertical gender occupational segregation in industries employing large numbers of women, with women being under-represented in leadership or senior positions even though they constitute the majority of the workforce. Finally, the IUF stresses that it is necessary to create a robust mechanism to collect data on a regular basis that can be disaggregated by gender, thereby providing useful statistics for monitoring and analysis and to inform policymakers.

The Committee welcomes the statistics disaggregated by sex provided by the Government and those available on the website of the State Committee on Statistics regarding the share of women in employment, by type of economic activity. These data show that the participation of women in employment has decreased from 45.7 per cent in 2016 to 41.4 per cent in 2020 (with more significant decreases in some regions) but the number of women individual entrepreneurs has increased from 69,756 in 2018 to 81,703 in 2020. The Committee also notes the Government’s indication that it is clear that there is a significant gender gap in employment numbers in sectors such as construction (6.2 per cent women and 93.8 per cent men), shipping and storage (7.2 per cent women and 92.8 per cent men), education (75.7 per cent women and 24.3 per cent men), and healthcare and social services (76.8 per cent women and 23.2 per cent men). It also welcomes the establishment, in accordance with Presidential Decision No. 4235 of 7 March 2019, of a list of minimum gender indicators and the adoption on 8 August 2020 of the Presidential Decision No. 4796 on Measures to Further Improve and Develop the National Statistical System of the Republic of Uzbekistan, which covers the improvement of gender statistics. It further notes that a national census is planned for 2022 and the establishment of the Unified National Labour System (UNLS) in accordance with Presidential Decision of 31 October 2019. Furthermore, the Committee notes with interest the Government’s indication that: (1) an analysis of men’s and women’s salaries disaggregated by the most common jobs and professions, in both the public and private sectors, was conducted using data from the UNLS, which showed that the percentage difference between the average monthly salary of men and women in equivalent jobs and professions was less than 10 per cent (for the first quarter of 2021); and (2) the State Committee on Statistics has determined, in line with ILO methodology, that the percentage difference between the average monthly salary of men and women was 34.5 per cent in 2016, 34.6 per cent in 2017, 38.6 per cent in 2018 and 36.2 per cent in 2019.

In light of the above, the Committee asks the Government to take steps to address: (i) pay differentials between men and women, including measures to remove the practical barriers regarding women’s access to jobs with higher pay; (ii) horizontal and vertical occupational gender segregation, with a view to increasing the number of women in male-dominated sectors, including measures to combat gender stereotypes and promote the sharing of family responsibilities; and (iii) the undervaluation of female-dominated occupations resulting in lower remuneration.

In addition, welcoming the significant progress made in the collection and compilation of data disaggregated by sex, the Committee asks the Government to continue to collect, compile and analyse such data, in particular with respect to men’s and women’s remuneration, if possible by economic sector, and to communicate them as well as any available statistics on the gender pay gap.

Articles 1(b) and 2(2)(a). Equal remuneration for men and women for work of equal value. Legislative developments. The Committee recalls that for a number of years it has been referring to the need to amend the Labour Code of 21 December 1995, which prohibits discrimination on the basis of sex with regard to remuneration, but which does not fully reflect the principle of equal remuneration for men and women for work of equal value as set out in the Convention. The Committee notes with satisfaction that section 244 of the new Labour Code, which was adopted in March 2022 and will enter into force on 30 April 2023, explicitly refers to “ensuring equal pay for men and women for work of equal value”. The Committee also notes the adoption on 2 September 2019 of Law No. LRU-562 on guarantees with respect to equal rights and opportunities for women and men. It notes, however, that section 21 provides that the employer shall ensure “equal wages (remuneration) for women and men for equal labour, and an equal approach to assessment of the quality of work of women and men”. The Committee observes that the law refers to “equal labour” (equal work) which is narrower than “work of equal value”. It recalls that, in a context where there is a significant gender occupational segregation, the concept of “work of equal value” is fundamental to the promotion of genuine gender equality in remuneration as men and women do not perform the same or equal work. Therefore, the concept of “work of equal value” permits a broader scope of comparison between work typically (or mainly) performed by women and work typically (or mainly) performed by men. It includes “equal work” or work performed under “equal conditions”, but also encompasses work that is of an entirely different nature, but which is nevertheless of equal value overall (for more detailed information on the concept of “work of equal value” (see the 2012 General Survey on the fundamental Conventions, paragraphs 673–681). The Committee asks the Government to take steps to amend Law No. LRU-562 of 2019 on guarantees with respect to equal rights and opportunities for women and men accordingly so as to give full legislative expression to the principle of equal remuneration for men and women for work of equal “value” and align the provisions of the Law with those of the new Labour Code. The Committee asks the Government to provide information on any legislative developments in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 30 August 2021. The Committee requests the Government to provide its comments in this respect.

Article 1(1)(a) of the Convention. Discrimination based on religion. Further to the previous observations made by IUF in 2020 according to which Muslim women who wear the hijab, face discrimination including in education, when applying for jobs and in employment, the Committee requested information on any specific measures taken to tackle discrimination on the grounds of religion in employment and occupation. In this regard, the Committee notes the Government’s indication that the National Human Rights Strategy (NHRS) and the Roadmap for its implementation have been adopted on 22 June 2020 by Presidential Decree No. 6012. The Government adds that the Roadmap indicates that, by the end of 2020, the draft of a new Law on Freedom of Conscience and Religious Organizations was expected to be completed. The Committee asks the Government to provide information on the current status of the draft Law on Freedom of Conscience and Religious Organizations and on the manner in which it addresses discrimination based on religion in employment and occupation, and to provide a copy once it is adopted. Noting that the Government does not provide information in this regard, the Committee reiterates it request to provide information on any specific measures adopted to tackle discrimination on the grounds of religion in employment and occupation in the framework of the 2017–21 Action Strategy and on the results achieved.

Discrimination based on national extraction. Luli/Roma community. Following its previous request concerning the measures taken to address situation of the members of the Luli/Roma community with regard to discrimination and to promote their equal opportunity and treatment in employment and occupation, the Committee notes the Government’s information recalling that, under the Constitution, all citizens have equal rights and enjoy equal freedoms. The Committee notes, in particular, that paragraph 17 of the NHRS Roadmap provides for the implementation of the Approach to Governmental Policy on Inter-Ethnic Relations 2019-2021, and ensures the social and cultural rights of national minorities, including through: (1) the development of a mechanism to provide the conditions for the spread of the languages and cultures of all nations and ethnicities living in the country; (2) their enhanced involvement in the social and political life of the country; and (3) the production of educational material in their languages. The Government adds that its policy is based inter alia on ensuring equality, strengthening the multicultural unity of the Nation, respecting languages and legally recognized customs and traditions, creating conditions for their full development, and promoting mutual understanding and social cohesion. The Committee further notes the Government’s indication that, according to data supplied by the Ministry of the Interior, the Luli/Roma population of Uzbekistan stands at 68,151 individuals, as well as the detailed information provided by the Government on the measures taken to improve the daily life of this community (medical assistance, housing, passports, etc.), The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed “concern about the socioeconomic discrimination and marginalization of the Luli/Roma with regard to their access to education, health, work and housing. In particular, the CERD remained concerned that Luli/Roma are confined to a low level of education, informal employment, temporary housing and unaffordable medical services.” (CERD/C/UZB/CO/10-12, 27 January 2020, paragraph 12). In this context, the Committee notes the adoption of the National Action Plan to implement the concluding observations and recommendations of the CERD, which provides for the adoption of a series of measures intended to safeguard the rights of and ensure social support for the Luli/Roma ethnic group during 2020-2025, in particular with respect to education. The Committee asks the Government to provide information on the measures envisaged or adopted to implement the Approach to Governmental Policy on Inter-Ethnic Relations 2019–2021 and the National Action Plan referred to above in the fields of vocational education and training and employment and the results achieved on training and employment opportunities for members of the Luli/Roma community.

Article 1(1)(b). Other grounds of discrimination. Persons with disabilities. In its previous comments, the Committee noted that Law No. 355 of 2013 amended section 68 of the Labour Code, to provide additional guarantees to persons with disabilities including job creation, special training programmes, the employer’s obligation to accept employment agency referrals and employment quotas. The Committee notes the information provided by the Government on the legal framework in force. The Government also indicates that: there were 2,000 persons with disabilities working in quota-limited positions in 2018; 2,800 persons in 2019; and 372 persons in the first five months of 2020. The Government also indicates that, with a view to providing inclusive education for children with disabilities, Presidential Decree No. 5712 of 29 April 2019 established the Development Roadmap for Public Education in Uzbekistan for the period until 2030, and a partnership network of work-study centres and business entities will be formed to examine the labour market and set up a system of inclusive education to train children with disabilities, including the installation of special facilities in institutions of general education (lifts, access ramps, handrails, etc.), as well as suitably qualified staff (special-needs teachers, educational psychologists). In addition, the Committee welcomes the adoption, on 15 October 2020, of the new Law on the Rights of Persons with Disabilities which came into force on 16 January 2021.With respect to training of persons with disabilities, the Government adopted the Development Roadmap for Higher Education for the period until 2030, approved by Presidential Decree No. 5847 of 8 October 2019. The Committee notes from the IUF’s observations that in practice, many persons with disabilities cannot find a job or opt for self-employment. According to the research data, only 7.1 per cent of persons with disabilities aged 16-59 are officially employed in the country and the employment rate of women and men with disabilities is 4.4 and 8.9 per cent respectively. The IUF also underlines that their access to education is limited, due to the absence of accessible environment at educational institutions. As a result, persons with disabilities have a rather low level of education, which also complicates their search for employment and makes it more difficult for them to find a job. Noting the persistent obstacles in practice encountered by persons with disabilities, despite the existing legal framework, the Committee asks the Government to take steps to increase its efforts to promote the employment of these persons, including through quotas. It also asks the Government to provide information on: (i) the implementation of the Law on the Rights of Persons with Disabilities with respect to employment and occupation; (ii) training opportunities developed for persons with disabilities, including through the Development Roadmap for Higher Education; and finally (iii) any cases of discrimination based on disability in employment and occupation dealt with by the competent authorities, including sanctions imposed and remedies granted.

Article 2. National Policy on Equality. Gender equality in employment and occupation. With reference to its previous comment, the Committee notes with interest the adoption of Law No. ZRU-562 of 2 September 2019 on Guarantees of Equal Rights and Opportunities for Women and Men. It notes that the law provides inter alia that: (1) the State bodies shall develop cooperation with the private sector in order to promote equality between women and men in the labour market, training and creation of conditions for employment; and (2) employers shall ensure equal opportunities for women and men in employment. Moreover, in accordance with Presidential Decision No. PP-4235 of 7 March 2019 on measures to further strengthen the guarantees of labour rights and support the activities of women entrepreneurs, “women’s business centres” have been established which provide the following services: (1) facilitating retraining in market-relevant occupations for women who have spent a long period away from work to care for a child or who find themselves in difficult economic circumstances, as well as their recruitment; (2) assisting and providing advice to women who have expressed interest in entrepreneurial activities; and (3) providing help to women engaged on an unofficial basis in artisanal activities to become registered, obtain preferential loans, etc. In addition, the Ministry for Employment and Labour Relations works actively to expand the opportunities for vocational training in market-relevant occupations, through vocational training courses and to introduce opportunities for employment and entrepreneurship in line with cooperative principles, through a system of subsidies to allow low-income families to develop smallholdings and set up agricultural cooperatives. The Government further indicates that in 2020, 389 cooperatives have been established in 141 districts of the country; 32 of these cooperatives are managed by women. The Committee notes that the IUF, in its observations, indicates that women’s significant underrepresentation in economic activities is characteristic of the labour market. It adds that an important factor of gender inequality is an extremely low enrolment rate in higher education among young women over the last two decades, i.e. at the level of 6.5 to 10 per cent, which considerably complicates women’s employment. Women’s unemployment rate (12.9 per cent) notably exceeds the men’s unemployment rate (7.2 per cent). The Committee asks the Government to continue to provide information on: (i) the measures taken to promote women’s access to employment and various occupations, and more specifically their access to a wider range of jobs including occupations with career opportunities, and to encourage their participation in a wide range of vocational and technical training courses and fields of study; and (ii) the impact of these measures on gender segregation in the labour market.

Workers with family responsibilities. For a number of years, the Committee has been asking the Government to amend the sections of Chapter IV of the Labour Code which contain measures applying to persons with family responsibilities which are only available to women workers (sections 228, 228(1), 229, and 232), and to fathers only in exceptional circumstances for example, where the mother has died or is hospitalized long-term (section 238). The Committee notes the Government’s indication that, in consultation with employers’ and workers’ representatives, the draft revised Labour Code contains draft provisions which ensure that parents have equal responsibilities for family care. In addition, the Committee notes with interest that, pursuant to Law No. ZRU-562 of 2 September 2019 on Guarantees of Equal Rights and Opportunities for Women and Men: (1) gender-based discrimination includes discrimination based on family responsibilities and is prohibited; (2) the State has to ensure equal rights and opportunities for women and men upon combining work and family obligations; (3) State bodies shall create conditions for women and men to combine professional and family obligations, including by mean of granting parental leave to both parents; (4) the employer shall ensure equal conditions for women and men for combining labour activities, participation in public life with family obligations, including by means of creation and expansion of a network of childcare institutions; and (5) provisions which ensure equal rights and opportunities for women and men, improve conditions for combining professional and family obligations shall be mandatorily included in collective contracts and agreements where the labour relations are governed by collective contracts. It also notes that section 24 provides for guarantees of equal rights and opportunities for women and men in the sphere of family relations and parenting, including equal rights to receive allowances. In the context of the labour law reform, the Committee asks the Government to ensure that the future provisions of the Labour Code concerning workers with family responsibilities apply to both men and women workers and to provide information on the provisions adopted in this regard. It asks the Government to provide information on the implementation in practice of Law No. ZRU-562 of 2 September 2019 on Guarantees of Equal Rights and Opportunities for Women and Men, including on any new provisions included in collective agreements to reconcile work and family responsibilities. The Committee also asks the Government to provide information on any awareness-raising measures adopted to raise awareness of the new legislation and on any cases of discrimination based on family responsibilities in employment and occupation dealt with by the competent authorities, including sanctions imposed and remedies granted.

Articles 2 to 5. Special measures of protection on the basis of sex. With regard to the list of jobs with harmful working conditions in which women are prohibited to work referred to in section 225 of the Labour Code, the Committee notes the Government’s indication that: (1) the list has been repealed by decision of the Ministry of Employment and Labour Relations and the Ministry of Health; (2) the Presidential Decision No. PP-4235 of 7 March 2019 on measures to further strengthen the guarantee of labour rights and support the activities of women entrepreneurs approved an advisory list of industries and occupations which may negatively affect women’s health; and (3) section 225 of the Labour Code on “Jobs in which women are prohibited from working” will be brought into line with international regulations and standards as part of the draft new Labour Code, which is currently undergoing stages of approval prior to final adoption. The Committee takes note that the list of jobs in which women are prohibited from working (section 225 of the Labour Code) has been repealed and replaced by a provisional list, pending the adoption of the new Labour Code. The Committee asks the Government to provide information on the criteria used to draw up the advisory list approved by Presidential Decision No. PP-4235 of 7 March 2019 and on the content of this list. It further asks the Government to provide information on the list of jobs in which women are prohibited from working in the new Labour Code once it is adopted.

Article 3(a). Cooperation with employers’ and workers’ organizations. Noting that the Government does not provide specific information in this regard, the Committee reiterates its request for information on: (i) the concrete steps taken by the social partners to promote and increase awareness of the legal provisions on equality and non-discrimination in the work place, such as by organizing seminars or training or developing handbooks or guides, codes of conduct, etc.; (ii) any joint initiatives plans which relate to equal opportunities and non-discrimination in employment and occupation; and (iii) any specific activities of the National Tripartite Committee on Social and Labour Affairs in this area.

Awareness-raising and enforcement. Noting that the Government only provides general information, the Committee asks again the Government to take concrete action to: (i) raise awareness of the relevant legislation among workers and employers, for example, through educational programmes or publication of guidelines or handbooks; (ii) enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination; and (iii) examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 30 August 2021.  The Committee requests the Government to provide its comments in this regard.

Article 1(1) of the Convention. Protection against discrimination in employment and occupation. Prohibition and definition of direct and indirect discrimination. Prohibited grounds of discrimination. Legislation. The Committee recalls that, in its previous comment, it requested the Government to consider amending section 6 of the Labour Code, which contains an open list of discrimination grounds, in order to include an explicit reference to the grounds of “colour” and “political opinion” and a prohibition of indirect discrimination. The Committee notes the Government’s indication that a draft revised Labour Code is currently at the final stage of adoption. It notes in particular that draft section 4, which is reproduced by the Government in its report, includes: (1) an open list of prohibited discrimination grounds as follows: “sex, age, race, nationality, skin colour, language, social origin, material and employment status, place of residence, attitude towards religion, beliefs, membership of public associations, and any other circumstances unrelated to the qualifications of the worker or the results of his/her work”; (2) an explicit prohibition of discrimination; (3) a definition of discrimination that is not in line with Article 1(1) of the Convention; and (4) no definition of indirect discrimination. The Committee further notes the Government’s indication that Presidential Decree No. 6012 of 22 June 2020 adopted the National Human Rights Strategy and the Roadmap for its implementation. The Government adds that, pursuant to the Roadmap, a draft law on equality and the prohibition of discrimination, which was originally scheduled for completion by April 2021, will provide for the introduction into law of the concepts of “discrimination”, “direct, indirect and multiple discrimination” and “basis of discrimination”, and full protection for citizens against possible discrimination in various areas of public life on the basis of race, sex, language, religion, political beliefs, national or social origin, and material, class or other status.

The Committee notes that, in its observations, the IUF describes the national legal framework respecting discrimination in employment (the Labour Code of 1995, the Law on Employment of 2020 and the Law on the Guarantees of Equal Rights for Women and Men of 2019) and emphasizes that this legislation does not: (1) provide a general definition of discrimination; (2) define the terms “direct discrimination” and “indirect discrimination” on grounds other than gender; (3) refer to “multiple discrimination”; (4) provide any specific examples of actions that are considered discriminatory; and (5) provide any efficient measures of legal protection for victims of discrimination through judicial and administrative litigation procedures. The IUF adds that, in this context, the general prohibition of discrimination is of declarative nature and protection against discrimination remains insufficiently effective. Therefore, there is no clarity for employers and the judiciary of what discrimination is about, what actions are considered discriminatory and how discrimination can and must be prevented, while for employees it is not clear in which cases they should seek protection against discrimination and what to do about it. The Committee wishes to recall that direct discrimination occurs when less favourable treatment is explicitly or implicitly based on one or more prohibited grounds and that it includes sexual harassment and other forms of harassment. It also recalls that indirect discrimination refers to apparently neutral situations, regulations, or practices which in fact result in unequal treatment of persons with certain characteristics. It occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of characteristics such as race, colour, sex or religion, and is not closely related to the inherent requirements of the job (General Survey on the fundamental Conventions, 2012, paragraphs 744 and 745).

In light of the above, the Committee asks the Government to seize the opportunity of the revision of the Labour Code, currently before Parliament, to ensure that it includes a definition of “direct discrimination” and “indirect discrimination” and a clear prohibition of both, in all aspects of employment, including recruitment, and an explicit reference to the grounds of “political opinion” and “national extraction” in addition to the grounds already explicitly covered. In the meantime, the Committee asks the Government to indicate how the expression “any other circumstances unrelated to the qualifications of the worker or the results of his/her work” in section 6 of the Labour Code has been interpreted by the courts, indicating in particular if it has ever been used to address discrimination based on “political opinion” or “national extraction”. The Committee also asks the Government to indicate the progress made regarding the draft law on equality and the prohibition of discrimination envisaged in the Roadmap for the implementation of the Human Rights Strategy.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous comment, the Committee asked the Government to: (1) take steps to include provisions in the legislation defining and prohibiting both quid pro quo and hostile working environment sexual harassment; and (2) provide information on any practical steps taken to raise awareness and address the issue of sexual harassment in employment and occupation and any related collaboration with the workers’ and employers’ organizations. In this regard, the Committee notes that the Government refers to section 121 of the Criminal Code, which criminalizes forced sexual intercourse, physically and verbally, and to section 3 of Law No. ZRU-562 of 2 September 2019 on Guarantees of Equal Rights and Opportunities for Women and Men, which includes “sexual harassment” in the definition of “discrimination based on sex”. The Government also refers to Law No. ZRU-561 of 2 September 2019 on the Protection of Women against Harassment and Abuse, which does not define “sexual harassment” as such. The Committee observes however that section 3 of Law No. ZRU-561 contains various definitions, including: (1) “sexual abuse” defined as “a form of abuse of a woman that impinges upon her sexual integrity and sexual freedom through the commencement of acts of a sexual nature without her consent, as well as the compulsion to engage in sexual intercourse with a third party, or female child molestation”; (2) “abuse” defined as “illegal action (or inaction) against a woman that impinges upon her life, health, sexual integrity, honour, dignity and other rights and freedoms protected by law through the use or threat of other kinds of physical, psychological, sexual or economic coercion”; and (3) “harassment” defined as “action (or inaction) humiliating the honour and dignity of a woman or any repetitive act which does not presuppose administrative or legal liability”. The Committee further observes that Law No. ZRU-561 only applies to women, whereas provisions regarding sexual harassment must apply to both men and women, and that the definitions in the Criminal Code and Law No. ZRU-561 do not cover the whole range of behaviours that can constitute quid pro quo and hostile work environment sexual harassment. In that regard, the Committee recalls that addressing sexual harassment through criminal proceedings only is often not sufficient (due to the sensitivity of the issue, the more onerous burden of proof, and the limited range of behaviours addressed) and that all forms of sexual harassment (criminal offences or not) should be covered by national legislation. With regard to practical steps taken to raise awareness and address the issue of sexual harassment in employment and occupation and any related collaboration with workers’ and employers’ organizations, the Committee notes that, according to Law No. ZRU-561, the main objectives of the State policy shall be: (1) the creation of an atmosphere of zero tolerance to harassment and abuse of women in the society; (2) the enhancement of legal awareness and legal culture in the society and the strengthening of the rule of law; and (3) the cooperation between state bodies, self-governing bodies of citizens, non-governmental non-profit organizations and other civil society institutions in order to prevent harassment and abuse (section 5). Moreover, authorized bodies and organizations shall interact in the following areas: exchange of information on the verified facts of harassment and abuse; coordination of response measures and provision of effective assistance to victims of harassment and abuse; joint implementation of measures to exchange experiences; training and advanced training of specialists; monitoring compliance with legislation; and development of proposals for improving the legislation and its application (section 14). Recalling that addressing sexual harassment through criminal proceedings only is not sufficient to combat all forms of sexual harassment, the Committee urges the Government to take steps to formally prohibit in the civil or labour law both quid pro quo and hostile environment sexual harassment and to provide dissuasive sanctions and appropriate remedies. In this regard, the Committee asks the Government to provide information on the number of cases of sexual harassment dealt with by the competent authorities.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 1 September 2017, on the Government’s alleged failure to comply with the principle of the Convention. The Committee requests the Government to provide its comments thereon.

The Committee notes with regret that the Government’s report once again contains no information in response to a number of its previous requests. The Committee wishes to stress that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including the progress achieved since its ratification. The Committee urges the Government to ensure that the next report contains full information on the points described below.

Article 1(1)(a) of the Convention. Legislation. The Committee previously noted that section 6 of the Labour Code which prohibits direct discrimination based on sex, age, race, nationality, language, social origin, wealth, employment status, religion, beliefs, membership of public associations, and any other circumstances not related to the qualifications of the worker or the results of his/her work, does not refer explicitly to the grounds of political opinion and colour, nor does it contain a prohibition on indirect discrimination. The Committee asked the Government to consider amending section 6 of the Labour Code accordingly, and in the meantime, to provide information on the steps taken to ensure that workers are protected in practice against discrimination on the grounds of political opinion and colour. The Committee notes that the Government has not provided new information in relation to its previous request. The Committee recalls that while the Convention does not impose a strict obligation to legislate in all of the areas covered, it does require the State to review whether legislation is needed to secure the acceptance and observance of the principles of the Convention. The necessity of legislative measures to give effect to the Convention must thus be assessed within the framework of the national policy as a whole. The enactment of constitutional or legislative provisions or regulations continue to be one of the most widely used means to give effect to the principles of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraphs 734–737). The Committee urges the Government to consider including in section 6 of the Labour Code an explicit reference to the grounds of political opinion and colour, as well as a prohibition of indirect discrimination. Until such amendments are made, the Committee urges the Government to identify the measures adopted to ensure that workers are protected in practice against discrimination based on political opinion or colour in all aspects of employment and occupation. The Committee also asks the Government to provide information on the practical application of section 6 of the Labour Code, including copies of relevant administrative or judicial decisions.

Gender equality in employment and occupation. In its previous comments, the Committee noted: (i) the persistence of horizontal and vertical segregation in employment and occupation; (ii) that girls and women remained under-represented in academic lyceums, vocational training, and institutes of higher learning, and that choice of specialties in learning institutions differed between men and women; and (iii) that the Government was in the process of improving a draft law on “guarantees of equal rights and equal opportunities for women and men” aimed at preventing discrimination against women. The Committee encouraged the Government to promote women’s access to a wider range of jobs and to vocational training, and to provide information in this regard. The Committee notes that the Government’s report is silent on these issues. It notes from the IUF’s observations, however, that approximately 30 per cent more women have an incomplete higher education as compared to men; that there are 1.5 times more men than women in higher education, and that there are twice as many men in doctoral studies. The IUF alleges that when participating in job interviews, women are asked questions concerning their marital status and their plans for child-rearing. The Committee also notes, from the IUF’s observations under the Equal Remuneration Convention, 1951 (No. 100), that the draft law on “guarantees of equal rights and equal opportunities for women and men” was never adopted and that women face a number of gender-related issues such as unequal access to financial services and having to combine both their business activity and domestic duties. The Committee notes from the Report of the United Nations Special Rapporteur on freedom of religion or belief that, in order to fight gender segregation, awards are granted to girls entering higher education and a financial incentive is given to increase entrepreneurship among women (A/HRC/37/49/Add.2, 22 February 2018, paragraph 90). The Committee notes from the Uzbekistan Gender Statistics available on the Government website, that horizontal and vertical segregation in employment and occupation persists. In 2016, women still made up 45.7 per cent of the labour force but they continued to be over-represented in the health and education sectors (where they respectively represented 76.5 per cent and 75.6 per cent of the workforce) and under-represented in the construction (5.8 per cent) and transportation (7.2 per cent) sectors. The Committee asks the Government to provide information on the concrete steps taken to promote women’s access to a wider range of jobs including occupations with career opportunities, and to encourage their participation in a wide range of vocational and technical training and fields of study, and to provide information on the impact of these measures on gender segregation in the labour market. The Government is also asked to provide statistical information on the distribution of men and women respectively in the different economic sectors and occupations, as well as in vocational and technical training. The Committee asks the Government to indicate whether the draft law guaranteeing equal rights and equal opportunities for women and men has been abandoned or whether it is still being discussed with a view to enactment.

Persons with disabilities. In its previous comments, the Committee noted that Law No. 355 of 2013 amended section 68 of the Labour Code, to provide additional guarantees to persons with disabilities including job creation, special training programmes, the employer’s obligation to accept employment agency referrals and employment quotas. Noting the absence of information provided in this regard, the Committee reiterates its request that the Government provide information on specific measures taken or envisaged under section 68 of the Labour Code including participation rates in training programmes and subsequent employment, and employment quotas for persons with disabilities.

National and ethnic minorities. The Committee previously noted that Roma fared below the national average in educational achievement, were concentrated in low-paying employment, and that members of ethnic minorities in general were under-represented in the judiciary and in public administration. The Committee asked the Government to provide information on the measures taken to address the situation. Noting the lack of information in the Government’s report in this regard, the Committee once again asks the Government to provide information on the measures taken to address the situation of the members of the Luli/Roma community and to promote their equal opportunity and equal treatment in employment and occupation. Once again, it asks the Government to provide information on the actual situation of national and ethnic minority groups in the country with regard to access to employment and particular occupations, and to provide relevant data, disaggregated by ethnic origin and sex, in this respect.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee previously noted that paragraph 39 of the 2014–16 General Agreement on Social and Economic Affairs signed between the Cabinet Ministers, the Council of the Federation of Trade Unions, and the Chamber of Commerce and Industry stated that it is necessary to adhere to the Convention when complying with guarantees and benefits offered under national law. The Government previously indicated that each year, the Ministry of Labour and Social Protection and the Council of the Federation of Trade Unions approve and implement a Joint Initiatives Plan comprised of five sections including payment for work and the setting of norms, legal protection, employment and the labour market, and legal knowledge and public-awareness campaigns. The Committee notes the Government’s indication that a new General Agreement 2017–19 on Social and Economic Affairs was concluded between the parties. This seeks to promote equal rights and non-discrimination in the work place by increasing awareness of the law through courses, seminars and programmes. It notes, however, that no information is provided on concrete steps taken to give effect to the Convention in practice. The Committee asks the Government to provide a copy of the 2017–19 General Agreement and detailed information on the concrete steps taken by the social partners to promote and increase awareness of the law on equality and non-discrimination in the work place, such as by organizing seminars or training or developing handbooks or guides, codes of conduct, etc. Noting the absence of information provided in this regard, the Committee once again asks the Government to provide information on any aspects of the most current joint initiatives plan which relate to equal opportunities and non-discrimination in employment and occupation.

Enforcement. The Government previously indicated that during 2013 and the first half of 2014 the Ministry of Labour and Social Protection had not received any complaints of racial discrimination. Recalling that the absence of cases or complaints is not a sign of an absence of discrimination occurring in practice, the Committee asked the Government to provide information on the steps taken to raise awareness of the relevant legislation. It notes the Government’s statement that the Federation of Trade Unions of Uzbekistan carries out public monitoring of compliance with labour law with regard to employment. The Government further states that, when labour inspectors carry out inspections and monitoring exercises, they also check that employers comply with the Convention. The Committee notes, however, that the IUF alleges that there is no public understanding of what constitutes discrimination and that legal assistance is seldom available, making it difficult for victims of discrimination to enforce their rights. The IUF adds that in practice, only isolated incidents concerning discrimination have been heard by the courts and it further states that there are no official statistics available on the number of cases reviewed by the courts involving discrimination and that there have been no discrimination complaints made to the labour inspectorate. The Committee encourages the Government to take concrete action to:

• (i) raise awareness of the relevant legislation among workers and employers, for example, through educational programmes or publication of guidelines or handbooks;
• (ii) enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination; and
• (iii) examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully.

The Committee once again asks the Government to provide information on the number and nature of cases concerning discrimination addressed by the courts and the labour inspectorate.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 1 September 2017, on the Government’s alleged failure to comply with the principle of the Convention. The Committee requests the Government to provide its comments thereon.

Article 2 of the Convention. Collective agreements. The Government previously indicated that the 2014–16 General Agreement on Social and Economic Affairs between the Cabinet Ministers, the Council of the Federation of Trade Unions and the Chamber of Commerce and Industry, reflected the requirement for parties to observe strict compliance with the Convention. It had also indicated that efforts were being directed towards reflecting this condition, including in a collective agreement template. Noting that no information was provided regarding the specific details of the General Agreement, and that the template, while providing some protections for women, did not include any reference to equal pay for men and women for work of equal value, the Committee requested the Government to indicate: (i) the measures taken to update the template, and (ii) how the 2014–16 General Agreement reflected the principle of equal pay for work of equal value in practice. The Committee notes the Government’s indication that a new 2017–19 General Agreement was signed among the parties but that it contains no provision giving effect to the principle of equal pay for work of equal value between women and men. The Committee therefore requests the Government to ensure that the next General Agreement reflects the requirement for the parties to observe strict compliance with the Convention, and to provide information on any measures taken, or envisaged, to update the collective agreements template to reflect the principle of equal remuneration for men and women for work of equal value.

Articles 2 and 3. Determination of rates of remuneration and objective job evaluation. In its previous comments, the Committee noted that for workers in establishments and organizations financed out of the state budget, as well as state-owned enterprises, the minimum level of remuneration is fixed by legislation. It noted the methods used in establishing rates of remuneration: (i) the Unified Rate Schedule (ETS) for the public sector which contains 22 categories and which is binding upon the state sector; (ii) the updated Government approved labour remuneration systems for medical personnel, public education employees and employees of the national television and radio company; (iii) the sector-level rate schedules approved in consultation with trade unions; and (iv) the local labour remuneration regulations adopted by enterprises in consultation with trade union committees or other representative bodies of workers. The Committee recalls that for a number of years it has been urging the Government to: (i) indicate how it ensures that the various methods of rate determination in the public sector do not undervalue “female jobs” in comparison with work of equal value performed by men, and (ii) provide specific information on the job evaluation methods used in both the public and private sectors. The Committee notes the information provided on the rates of remuneration applying to healthcare staff, the national television and radio company, and teachers. It notes however that this information does not allow the Committee to understand how job evaluations are made and, therefore, whether the criteria used to set pay levels are effectively free from gender bias. It further notes from the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that, by Cabinet of Ministers Decision No. 164 of 19 June 2015, approval was given to organize the main manual and non-manual occupations as well as specifying the range of pay grades for each occupation according to a new classification of these occupations. The Government indicates that this classification complies with the International Standard and Classification of Occupations (ISCO-88) and the International Standard Classification of Education (ISCED-1997), covers all sectors of the economy and does not contain any limitations on grounds of sex, age, language, ethnicity, convictions, attitude to religion, social origin, place of residence or length of residency. The Committee takes due note of the Cabinet of Ministers Decision No. 164/2015 and requests the Government to provide information on the impact this new classification of jobs has had on narrowing the gender pay gap by providing, for example, information on the distribution of men and women in the different pay scales in the public and private sectors before and after the implementation of the classification. Additionally, the Committee requests the Government to indicate how the classification of the main manual and non-manual occupations has affected the rates in the Unified Rate Schedule, sector-level pay schedules and the monthly minimum wage.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee previously requested the Government to provide information on the nature of the cooperation with workers’ and employer’s organizations with regard to giving effect to the principle of the Convention. The Committee notes the Government’s indication that the Federation of Trade Unions is consulted on draft legislation for further improvement of the Unified Pay Schedule and that entity-specific pay schedules are agreed with employers’ representatives. According to the Government, all collective agreements concluded on the basis of the General Agreement include the employer’s duty to observe the principle of equal pay for men and women and therefore pay rates apply regardless of the worker’s gender. The Committee also notes from the Memorandum of Understanding signed on 28 February 2017, between Uzbekistan and the ILO for the extension of the Decent Work Country Programme (DWCP) for the period 2017–20, that the parties agreed on the importance of strengthening social partnership for the realization of fundamental principles and rights at work. The Committee requests the Government to continue to provide information on the nature of the cooperation with workers’ and employers’ organizations and, more specifically, to indicate the manner in which such cooperation gives effect to the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the Government’s general statement that non-compliance with the requirement to pay men and women equally for work of equal value is revealed through inspections, monitoring, and official complaints submitted by individuals and legal entities. The Committee notes that the Government has not provided any information on cases dealt with by the labour inspectorate or the courts with regard to the application of the principle of the Convention. It also notes the IUF’s observations that court decisions are not publicly accessible, making it difficult to assess the courts’ effectiveness in enforcing the discrimination legislation. Recalling that monitoring and enforcement of equality and anti-discrimination laws and policies is an important aspect in determining whether there is effective implementation of the Convention, the Committee reiterates its request to the Government to provide information on the number, nature and outcome of any violations of the labour law which relate specifically to pay discrimination between men and women. It also once again requests the Government to provide information on any cases dealt with by the Prosecutor-General’s Office, the courts or the Ombudsperson which relate to the principle of equal remuneration for men and women for work of equal value.

Statistics. The Committee previously noted that the publication of statistical digests of basic gender indices was being prepared and the first website on gender statistics was being developed by the Republic of Uzbekistan State Committee on Statistics. The Committee requested the Government to provide information on the progress made in the collection of statistics on the distribution of men and women in the various economic sectors and occupations and to provide a copy of the “Men and Women of Uzbekistan” digest. The Committee notes that the Government has not provided a copy of the requested statistical digest, nor has it provided any information on the collection of statistics. The Committee notes, however, that according to the Uzbekistan Gender Statistics website, statistics on the distribution of men and women in the various economic sectors and occupations have been updated on a yearly basis. However, it also notes that the website does not contain information on men and women’s respective earning levels. The Committee recalls that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to address fully the continuing remuneration gender gap between men and women (see 2012 General Survey on the fundamental Conventions, paragraph 888). The Committee therefore requests the Government to provide information on: (i) the distribution of men and women in the various economic sectors and occupations, and (ii) their respective earning levels. Once again, please provide a copy of the most recent statistical digest, “Men and Women of Uzbekistan”.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) received on 1 September 2017 alleging the Government’s failure to comply with the Convention. The Committee requests the Government to provide its comments thereon.

The Committee notes with regret that the Government’s report once again contains no information in response to a number of its previous requests. The Committee wishes to stress that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including any progress achieved since its ratification. The Committee urges the Government to ensure that the next report contains full information on the matters raised below.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that the Government once again has provided no information in response to its request for information on awareness-raising activities and on measures taken to prohibit sexual harassment in the relevant legislation. The Committee recalls that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights, and is to be addressed within the context of the Convention. Given the gravity and serious repercussions of sexual harassment, the Committee wishes to stress the importance of taking effective measures to prevent and prohibit sexual harassment in employment and occupation. Such steps should address both quid pro quo and hostile work environment sexual harassment. The Committee urges the Government to take steps to include provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment in legislation. Recalling that it has been raising this issue since 2005, the Committee urges the Government to identify any practical steps taken to raise awareness and address the issue of sexual harassment in employment and occupation and any related collaboration with the workers’ and employers’ organizations.

Workers with family responsibilities. For a number of years the Committee has been asking the Government to amend the sections of Chapter IV of the Labour Code which contain measures applying to persons with family responsibilities which are only available to women workers (sections 228, 228(1), 229, and 232), and to fathers only in exceptional circumstances for example, where the mother has died or is hospitalized long-term (section 238). The Committee notes that the Government has not provided any information in this regard. It further notes, from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), enclosing an example of a collective agreement, that numerous provisions provide special protection and benefits to women with children or “people bringing up children without their mother”. The Committee, therefore, once again emphasizes that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain family-related rights and benefits, it reinforces stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (see 2012 General Survey on the fundamental Conventions, paragraph 786). The Committee requests the Government to identify the steps taken, in consultation with employers’ and workers’ organizations, to amend the relevant parts of Chapter IV of the Labour Code in the light of the principle of equal treatment, to ensure that measures aimed at reconciling work and family are available to men and women with family responsibilities on an equal footing and to provide specific information in this regard.

Discrimination based on religion. The Committee notes the IUF’s observations according to which Muslim women who wear the hijab, face discrimination including in education, when applying for jobs and in employment. The IUF cites, as an example, cases where Muslim women were forced to quit their jobs, were banned from running their own business, intimidated and expelled from higher education. The Committee further notes, from the Report of the United Nations Special Rapporteur on freedom of religion or belief on his mission to Uzbekistan that a 2017–21 Action Strategy for the development of five priority areas was adopted, and that area V covers religious tolerance and inter-ethnic harmony (A/HRC/37/49/Add.2, paragraph 2). The Committee requests the Government to provide information on the specific measures taken to tackle discrimination on the grounds of religion in employment or occupations, including in the framework of the 2017–21 Action Strategy, and on the results achieved. Please also provide a copy of the 2017–21 Action Strategy.

Article 5. Special measures of protection on the basis of sex. The Committee recalls that since 2005, it has been asking the Government to provide a copy of the list of jobs with harmful working conditions in which women are prohibited from working, referred to in section 225 of the Labour Code. The Committee notes with regret that the Government has not provided the list and merely states that distinctions in employment are not deemed discriminatory if they are determined by the characteristics of the job or by the State’s special concern for persons in need of greater social protection. The Committee notes from the IUF’s observations that it considers that the inclusion of women in the category of people requiring enhanced social protection leaves open the possibility of direct discrimination against women. The Committee recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see the 2012 General Survey on the fundamental Conventions, paragraphs 838–840). The Committee therefore urges the Government to provide a copy of the list of jobs with harmful working conditions in which women are prohibited from working referred to in section 225 of the Labour Code, in order to enable the Committee to assess whether this list of prohibited jobs constitutes a special measure falling under the scope of Article 5.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 1 September 2017, on the Government’s alleged failure to comply with the principle of the Convention. The Committee requests the Government to provide its comments thereon.

Article 1 of the Convention. Legislative framework. The Committee recalls that for a number of years it has been referring to the need to amend the Labour Code of 21 December 1995, which prohibits discrimination on the basis of sex with regard to remuneration, but which does not fully reflect the principle of equal remuneration for men and women for work of equal value as set out in the Convention. It previously noted that the Government was taking steps to improve the draft law on “guarantees of equal rights and equal opportunities for women and men” aimed at preventing discrimination against women. The Committee notes from the Government’s report that the Chamber of Commerce and Industry reviewed and proposed amendments to the draft Equal Rights and Opportunities (Men and Women) Act. However, it notes from the IUF’s observations that although the draft law was first submitted to Parliament in 2004, it has not yet been adopted. The Committee further notes with regret that the Government’s report once more provides no information on its plans to bring the Labour Code into conformity with the Convention. The Committee stresses again that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women, and the promotion of equality. This concept permits a broad scope of comparison, including but going beyond equal remuneration for “equal work” or work performed under “equal conditions”, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 673). Recalling that provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination, the Committee urges the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, ensuring that the provision encompasses not only equal work or work performed under equal conditions, but also work of an entirely different nature which is nevertheless of equal value, and to provide information on the steps taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government provides little and general information in reply to the specific points made by the Committee in its previous direct request. The Committee asks the Government to make every effort to provide full information on the following points.

Article 2 of the Convention. Determination of rates of remuneration. The Committee notes from the Government’s report and the observations of the Council of Federation of Trade Unions of Uzbekistan, submitted by the Government in its report of 2011, that for workers in establishments and organizations financed out of the State budget, as well as state-owned enterprises, the minimum level of remuneration is fixed by legislation. The following methods are used in establishing rates of remuneration: the Unified Rate Schedule (ETS) for the public sector which contains 22 categories and which is binding upon the State sector; the updated Government approved labour remuneration systems for medical personnel, public education employees and employees of the National Television and Radio company; sector-level rate schedules approved in consultation with trade unions; and local labour remuneration regulations adopted by enterprises in consultation with trade union committees or other representative bodies of workers. In practice, the minimum monthly wage determined by Presidential Decree serves as the basis of determination of rates of remuneration, as well as collective agreements for amounts higher than the minimum wage. The Committee asks the Government to provide specific information on how it is ensured that rates in the Unified Pay Schedule, sector-level pay schedules and the monthly minimum wage are fixed using objective criteria, free from gender bias, to ensure that “female jobs” are not undervalued in comparison with work of equal value performed by men. Please provide the most current rates of remuneration set under the Unified Pay Schedule, and the labour remuneration systems for medical personnel, and employees in public education and the National Television and Radio company, and sector-level pay schedules, including information on the distribution of men and women in the different pay scales.

Collective agreements. The Committee notes the Government’s indication that the 2014–16 General Agreement on Social and Economic Affairs between the Cabinet Ministers, the Council of the Federation of Trade Unions and the Chamber of Commerce and Industry, reflects the requirement for parties to observe strict compliance with the Convention. The Government also indicates that efforts are being directed towards reflecting this condition, including a collective agreement template. The Committee notes however that no information was provided regarding the specific details of the general agreement, which was not joined with the Government’s report, and that the template, while providing some protections for women, does not include any reference to equal pay for men and women for work of equal value. The Committee asks the Government to provide specific information on how the 2014–16 General Agreement reflects the requirement for parties to observe strict compliance with the Convention, and on any measures taken to update the collective agreements template to reflect the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee recalls that for a number of years it has been urging the Government to provide specific information on the job evaluation methods used in the public and private sectors. The Committee notes the Government’s very general reply, that in agreement with trade unions, objective job appraisal is undertaken by analysing work processes which enable the classification of job categories irrespective of sex and that there exists no wage discrimination on the basis of sex. The Committee notes from the Uzbekistan Country Gender Assessment report 2014 of the Asian Development Bank, that women’s income is on average, 64 per cent of men’s income and that the sectors in which women dominate, particularly education and health, are low paying, whereas men are overly represented among the workforce in fields with comparatively high salaries (paragraphs 52 and 63). In this regard, the Committee recalls that particular care must be taken to ensure that job evaluation is free from gender bias as often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey on the fundamental Conventions, 2012, paragraph 701). The Committee once again asks the Government to provide specific information on the job evaluation methods used in the public and private sectors and to indicate how it is ensured that the criteria established are not gender biased, and that jobs predominantly performed by women are not undervalued compared with those performed by men.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that the Government reiterates generally that cooperation is carried out in an appropriate manner with organizations of workers and employers with a view to implementing the provisions of the Convention. The Committee asks the Government to provide detailed information on the nature of the cooperation with workers’ and employers’ organizations, and the impact of such cooperation in giving effect to the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the Government’s indication that the Cabinet of Ministers Resolution No. 29 of 19 February 2010 specifies that the State Labour Inspectorate is subordinate to the Ministry of Labour and Social Protection, and that one of its main goals is to prevent discrimination in industrial relations. The Committee further notes that the schedule approved by the Coordination Council and the State Labour Inspectorate involved labour inspections of 374 economic bodies and 1,221 state-funded organizations during which more than 17,600 violations of labour law were identified, 3,366 of which concerned wages. The Committee asks the Government to provide information on the number, nature and outcome of any violations of the labour law which relate specifically to pay discrimination between men and women. Please also provide information on any cases dealt with by the Procurator-General’s Office, the courts or the ombudsperson which relate to the principle of equal remuneration for men and women for work of equal value.

Statistics. The Committee notes from the Government’s Fifth Periodic Report to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) that statistical digests of basic gender indices are being generated, with the last report published in 2012; a round table was held in January 2014 on the topic “Improvement of Collection, Analysis, and Use of Gender Statistics”, during which the first website on gender statistics, developed by the Republic of Uzbekistan State Committee on Statistics was presented (CEDAW/C/UZB/5, 10 April 2014, paragraphs 78 and 79). In this regard, the Committee asks the Government to provide information on progress made in the collection of statistics on the distribution of men and women in the various economic sectors and occupations and their respective earning levels, and to provide any data available in its next report. Please also provide a copy of the most recent statistical digest, Men and Women of Uzbekistan.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1)(a) of the Convention. Legislation. The Committee notes that the Government refers to section 6 of the Labour Code which prohibits, in the field of employment relationships, direct discrimination (any restrictions or privileges) based on sex, age, race, nationality, language, social origin, wealth, employment status, religion, beliefs, membership of public associations, and any other circumstances not related to the qualifications of the worker or the results of his/her work. While noting that section 6 refers to “any other circumstances”, the Committee once again requests the Government to consider including in section 6 of the Labour Code an explicit reference to the grounds of political opinion and colour, as well as a prohibition of indirect discrimination. Until such amendments can be made, the Committee requests the Government to provide information on the measures taken to ensure that workers are protected in practice against discrimination based on political opinion or colour in all aspects of employment and occupation. Please also provide information on the practical application of section 6 of the Labour Code, including copies of relevant administrative or judicial decisions.

Sexual harassment. The Committee notes that the Government once again has provided no information in response to its request for information on awareness-raising and amending the relevant legislation to prohibit sexual harassment. The Committee recalls from its General Survey on the fundamental Conventions, 2012, paragraph 789, that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights, and is to be addressed within the context of the Convention. Given the gravity and serious repercussions of sexual harassment, the Committee recalls the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both quid pro quo and hostile environment sexual harassment. The Committee once again requests the Government to indicate any practical measures taken to raise awareness and address the issue of sexual harassment in employment and occupation and any related collaboration with the workers’ and employers’ organizations. The Committee reiterates its hope that the Government will take measures to include provisions to define and prohibit both quid pro quo and hostile environment sexual harassment in legislation.

Gender equality in employment and occupation. The Committee notes from the Uzbekistan Gender Statistics available on the Government website, the persistence of horizontal and vertical segregation in employment and occupation; in 2012, women made up 45.4 per cent of the labour force of which approximately one third were concentrated in education, culture, art, science and scientific services (68.4 per cent women) and health care, sports and social security (76.2 per cent women), while men were 90.8 per cent of workers in the construction sector and 87.8 in the transport and communication sector. The Committee notes from the report of the Asian Development Bank, Uzbekistan Country Gender Assessment 2014, that in all sectors, men occupy on average 73 per cent of management positions, and even in sectors where women are well represented, women account for only about one third of managers. In the private sector, women comprise 12 per cent of managers in small enterprises, 9 per cent in medium-sized enterprises, and 5.5 per cent in large enterprises (paragraph 58). The Committee also notes from the Government’s Fifth Periodic Report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that girls and women remain under-represented in academic lyceums (40.5 per cent women), vocational training (49.1 per cent women), and institutes of higher learning (38.5 per cent women), and that choice of specialties in learning institutions differ between men and women, with women studying in sectors such as education (72.6 per cent) and men in sectors such as industry and construction (93.3 per cent). The Report also indicated that the Government is currently improving a draft law on “guarantees of equal rights and equal opportunities for women and men” aimed at preventing discrimination against women (CEDAW/C/UZB/5, 13 April 2014, paragraphs 31 and 189–193). The Committee once again requests the Government to provide information on the concrete measures taken to promote women’s access to a wider range of jobs including occupations with career opportunities, and to encourage their participation in a wide range of vocational and technical training and fields of study, and information on the impact of these measures on gender segregation in the labour market. Please also provide statistical information on the distribution of men and women respectively in the different economic sectors and occupations, as well as in vocational and technical training, and a copy of the law on guarantees of equal rights and equal opportunities for women and men once adopted.

Workers with family responsibilities. For a number of years the Committee has been noting that Chapter IV of the Labour Code, “additional guarantees and benefits for specific categories of workers”, contains certain measures applying to persons with family responsibilities which are generally only available to women workers (sections 228(1), 228, 229, 232). Fathers can benefit from these measures only in certain cases, such as death or long-term hospitalization of the mother (section 238). In this respect, the Committee refers to paragraph 786 of its General Survey on the fundamental Conventions, 2012, in which it emphasizes that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing. The Committee notes Law No. 355 of 7 October 2013 to Amend and Supplement, as well as to repeal Several Legal Acts of the Republic of Uzbekistan, which amends section 68 of the Labour Code to provide additional guarantees to single parents with children under the age of 14 and children with disabilities, including job creation, special training programmes, an employer’s obligation to accept employment agency referrals, and employment quotas. The Committee once again requests the Government to indicate the steps taken, in consultation with employers’ and workers’ organizations, to amend the relevant parts of Chapter IV of the Labour Code in the light of the principle of equality of opportunity and treatment of men and women, and to ensure that measures aimed at reconciling work and family are available to men and women with family responsibilities on an equal footing and to provide specific information in this regard.

Persons with disabilities. The Committee notes that Law No. 355 of 2013 amends section 68 of the Labour Code, to provide additional guarantees to persons with disabilities including job creation, special training programmes, the employer’s obligation to accept employment agency referrals and employment quotas. The Committee requests the Government to provide specific information on measures adopted or envisaged under section 68 of the Labour Code including participation rates in training programmes and subsequent employment, and employment quotas for persons with disabilities. Please also provide a copy of the Social Protection of Disabled Persons Act and its amending Acts.

National and ethnic minorities. The Committee notes the concern of the United Nations Committee on the Elimination of Racial Discrimination (CERD) in its concluding observations, that Roma fare below the national average in educational achievement, are concentrated in low-paying employment. According to CERD, a large majority of Roma are recipients of public welfare benefits. CERD also expresses concern at the under-representation of members of ethnic minorities in the judiciary and public administration (CERD/C/UZB/CO/8-9, 14 March 2014, paragraphs 11 and 14). The Committee requests the Government to provide information on the measures taken to address the situation of the members of the Luli/Roma community and to promote their equal opportunity and treatment in employment and occupation. The Committee requests the Government to provide information on the actual situation of national and ethnic minority groups in the country with respect to access to employment and particular occupations, and to provide relevant data, disaggregated by ethnic origin and sex, in this respect.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that paragraph 39 of the 2014–16 General Agreement on Social and Economic Affairs between the Cabinet Ministers, the Council of the Federation of Trade Unions and the Chamber of Commerce and Industry signed in December 2013 states that it is necessary to adhere to the Convention when complying with guarantees and benefits offered under national law. The Government further indicates that each year the Ministry of Labour and Social Protection and the Council of the Federation of Trade Unions approve and implement a joint initiatives plan comprised of five sections including payment for work and the setting of norms, legal protection, employment and the labour market, and legal knowledge and public awareness campaigns. The Committee requests the Government to provide a copy of the 2014–16 General Agreement and specific information on any aspects of the most current joint initiatives plan which relate to equal opportunities and non-discrimination in employment and occupation.

Article 5. Special measures of protection on the basis of sex. For a number of years, the Committee has been requesting the Government to provide a copy of the list of jobs with harmful working conditions prohibited for women referred to in section 225 of the Labour Code. Noting that once again this list has not been provided, the Committee urges the Government to do so with its next report.

Enforcement. The Committee notes the Government’s indication that the Cabinet of Ministers’ Resolution No. 29 of 19 February 2010 specifies that the state labour inspectorate is subordinate to the Ministry of Labour and Social Protection, and one of its main goals is to prevent discrimination in industrial relations. The Government further indicates that in 2013 and the first half of 2014 the Ministry of Labour and Social Protection received no complaints of racial discrimination. The Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey, 2012, paragraphs 790 and 870). The Committee notes from the Government’s Fifth Periodic Report to CEDAW that between 2010 and 2013, the civil courts examined 110 claims involving discrimination against women of which 83 were satisfied (CEDAW/C/UZB/5, paragraph 78). The Committee requests the Government to provide specific information on action taken to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. Please also provide information on the number and nature of cases concerning discrimination addressed by the courts and the labour inspectorate.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Legislative framework. The Committee recalls that for a number of years it has been referring to the need to amend the Labour Code of 21 December 1995, which prohibits discrimination on the basis of sex, but which does not fully reflect the principle of equal remuneration for men and women for work of equal value as set out in the Convention. The Committee notes that the Government has once again provided no information in this regard. The Committee also recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. This concept permits a broad scope of comparison, including but going beyond equal remuneration for “equal work” or work performed under “equal conditions”, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee notes from the Government’s Fifth Periodic Report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that it is currently taking steps to improve the draft law on “guarantees of equal rights and equal opportunities for women and men” aimed at preventing discrimination against women (CEDAW/C/UZB/5, 14 April 2014, paragraph 31). Recalling that provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination, the Committee asks the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, ensuring that the provision encompasses not only equal work or work performed under equal conditions, but also work of an entirely different nature which is nevertheless of equal value, and to provide information on the steps taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government provides very little information in response to the specific points made by the Committee in its previous comments, and asks the Government to make every effort to reply fully in its next report.

Legislative framework. The Committee previously noted that the Labour Code, while prohibiting discrimination based on sex with regard to remuneration, does not reflect the principle of equal remuneration for work of equal value as set out in the Convention. The Committee recalls its 2006 general observation, highlighting that where legal provisions do not give expression to the concept of “work of equal value”, such provisions hinder progress in eradicating gender-based pay discrimination against women. The Committee asks the Government to take the necessary steps to include provisions in the legislation that give full expression to the principle of equal remuneration for men and women for work of equal value, and it asks the Government to provide specific information on the measures taken or envisaged in this regard.

Determination of rates of remuneration. The Government again states that the application of the principle of equal remuneration for men and women for work of equal value was ensured through the legally established machinery for wage determination and collective agreements. The Committee again asks the Government to provide information outlining the specific methods used in the context of collective agreements and the legally established wage-fixing machinery to ensure the application of the principle of equal remuneration for men and women for work of equal value and to provide examples of collective agreements, indicating the manner in which they apply the principle.

Article 3 of the Convention. Objective job evaluation. The Committee previously noted that wages are lowest in female-dominated sectors and occupations and that the gap between the remuneration received in female-dominated sectors and other sectors continued to increase. In this context, it urged the Government to provide a description of the job evaluation methods used, in both the private and public sectors, and to indicate the measures taken to prevent the undervaluing of jobs performed by women. In response, the Committee notes that the Government refers to collective agreements, other local instruments, and the legislation. Noting the importance of comparing the value of jobs in order to apply the principle of the Convention, the Committee once again urges the Government to provide information on the job evaluation methods used in the public and private sectors, and to indicate how it is ensured that the criteria established are not gender biased, and that jobs predominantly performed by women are not undervalued compared with those performed by men.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that cooperation is carried out in an appropriate manner with organizations of workers and employers with a view to implementing the provisions of the Convention. The Committee asks the Government to provide specific information on the nature of the cooperation with workers’ and employers’ organizations, and the impact of such cooperation in giving effect to the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Committee once again asks the Government to provide information on the manner in which the competent national authorities have enabled enforcement of the principle of equal remuneration for men and women for work of equal value. In this regard, please provide information on the number, nature and outcome of cases involving pay discrimination in employment and occupation dealt with by the labour inspectors, the Procurator-General’s Office, the courts or the Ombudsperson.

Statistical information. The Committee once again asks the Government to provide statistical information on the earnings of men and women in the different industries and occupations.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 2 of the Convention. Legislation. In reply to the Committee’s request to the Government to indicate the legal provisions prohibiting discrimination in respect of selection and recruitment, the Government refers to section 58 of the Labour Code which provides that the State shall guarantee, inter alia, freedom of choice of occupation and protection against unlawful refusal to hire. The Committee notes that, while these provisions bind the State to provide certain guarantees, there are apparently no provisions specifically prohibiting private employers from discriminating against candidates for employment. The Committee also notes the Government’s reply to its previous comments concerning the protection from discrimination in employment and occupation of non-citizens, the absence of any prohibition on the grounds of colour and political opinion, and the absence of a provision in the Labour Code regarding indirect discrimination. While the Committee welcomes that the Labour Code does address discrimination at work, the Committee considers it important that a definition of direct and indirect discrimination in employment and occupation, including in respect of selection and recruitment, is included in the legislation. Such a definition should cover all prohibited grounds referred to in Article 1(1)(a) of the Convention, including colour and political opinion, as well as other relevant grounds, as envisaged under Article 1(1)(b). Please indicate the measures taken or envisaged in this regard.

Sexual harassment. The Government asserts that there have been no instances of sexual harassment at work. However, the Committee is unable to appreciate on what basis the Government has arrived at such a conclusion. It considers that the mere absence of complaints concerning sexual harassment at work does not necessarily imply that such practices do not exist. The Committee requests the Government to indicate any measures taken to raise awareness of the issue of sexual harassment at work and any related collaboration with the workers’ and employers’ organizations. It also hopes that the Government will take measures to include provisions to define and prohibit sexual harassment in the legislation, in accordance with the Committee’s 2002 general observation on this issue.

Gender equality in employment and occupation. The Committee notes that, according to statistical data compiled by the ILO, in 2007, 58.4 per cent of women over 15 years of age were economically active compared to 70.1 per cent among men. The Committee also notes the data contained in the 2005 publication Gender Equality in Uzbekistan: Fact and Figures published by the State Committee on Statistics which indicates that the horizontal and vertical segregation based on gender persists. The Committee is particularly concerned about the very low representation of women in management positions, except in sectors such as education, communication or culture. The Committee urges to the Government to provide information on the concrete measures taken to actively promote equality of opportunity and treatment of men and women in the labour market, and on the results achieved in addressing the existing occupational segregation based on gender, as well as detailed statistical information on the participation of men and women in the different sectors and occupations.

Workers with family responsibilities. The Committee recalls that Chapter IV of the Labour Code (“additional guarantees and benefits for specific categories of workers”) contains measures applying to persons with family responsibilities. A number of these measures are available only to women workers, such as the right of women with children under 3 years of age to reduced working hours (section 228-1), the right to part-time work of women caring for children under 14 years of age (section 229), the right of women with two or more children under 12 years or a disabled child to annual complementary leave (section 232), and certain working time and travel restrictions for women with children under 14 years (section 228). Fathers can benefit from these measures only in certain cases, such as death or long-term hospitalization of the mother (section 238). In this respect, the Committee stressed that, in order to be in conformity with the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing. Noting the Government’s statement that it had taken these comments into consideration, it requests the Government to indicate the steps taken to amend the relevant parts of Chapter IV of the Labour Code in the light of the principle of equality of opportunity and treatment of men and women, in consultation with employers’ and workers’ organizations.

Article 5. Special measures of protection on the basis of sex. The Committee requested the Government to provide a copy of the list of jobs with harmful working conditions prohibited for women referred to in section 225 of the Labour Code. Noting that this list has not yet been provided, the Committee hopes that the Government will do so with its next report.

Enforcement. The Government states that no difficulties with regard to the practical application of the Convention have arisen. The Committee, nevertheless, requests the Government to provide information on action taken by the competent authorities to enforce the legislation applying the Convention and the number and nature of cases concerning discrimination addressed by them.

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

Article 1 and 2 of the Convention. Legislation. In reply to the Committee’s request to the Government to indicate the legal provisions prohibiting discrimination in respect of selection and recruitment, the Government refers to section 58 of the Labour Code which provides that the State shall guarantee, inter alia, freedom of choice of occupation and protection against unlawful refusal to hire. The Committee notes that while these provisions bind the State to provide certain guarantees, there are apparently no provisions specifically prohibiting private employers from discriminating against candidates for employment. The Committee also notes the Government’s reply to its previous comments concerning the protection from discrimination in employment and occupation of non-citizens, the absence of any prohibition on the grounds of colour and political opinion, and the absence of a provision in the Labour Code regarding indirect discrimination. While the Committee welcomes that the Labour Code does address discrimination at work, the Committee considers it important that a definition of direct and indirect discrimination in employment and occupation, including in respect of selection and recruitment, is included in the legislation. Such a definition should cover all prohibited grounds referred to in Article 1(1)(a) of the Convention, including colour and political opinion, as well as other relevant grounds, as envisaged under Article 1(1)(b). Please indicate the measures taken or envisaged in this regard.

Sexual harassment. The Government asserts that there have been no instances of sexual harassment at work. However, the Committee is unable to appreciate on what basis the Government has arrived at such a conclusion. It considers that the mere absence of complaints concerning sexual harassment at work does not necessarily imply that such practices do not exist. The Committee requests the Government to indicate any measures taken to raise awareness of the issue of sexual harassment at work and any related collaboration with the workers’ and employers’ organizations. It also hopes that the Government will take measures to include provisions to define and prohibit sexual harassment in the legislation, in accordance with the Committee’s 2002 general observation on this issue.

Gender equality in employment and occupation. The Committee notes that according to statistical data compiled by the ILO, in 2007, 58.4 per cent of women over 15 years of age were economically active compared to 70.1 per cent among men. The Committee also notes the data contained in the 2005 publication Gender Equality in Uzbekistan: Fact and Figures published by the State Committee on Statistics which indicates that the horizontal and vertical segregation based on gender persists. The Committee is particularly concerned about the very low representation of women in management positions, except in sectors such as education, communication or culture. The Committee urges to the Government to provide information on the concrete measures taken to actively promote equality of opportunity and treatment of men and women in the labour market, and on the results achieved in addressing the existing occupational segregation based on gender, as well as detailed statistical information on the participation of men and women in the different sectors and occupations.

Workers with family responsibilities. The Committee recalls that Chapter IV of the Labour Code (“additional guarantees and benefits for specific categories of workers”) contains measures applying to persons with family responsibilities. A number of these measures are available only to women workers, such as the right of women with children under 3 years of age to reduced working hours (section 228-1), the right to part-time work of women caring for children under 14 years of age (section 229), the right of women with two or more children under 12 years or a disabled child to annual complementary leave (section 232), and certain working time and travel restrictions for women with children under 14 years (section 228). Fathers can benefit from these measures only in certain cases, such as death or long-term hospitalization of the mother (section 238). In this respect, the Committee stressed that, in order to be in conformity with the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing. Noting the Government’s statement that it had taken these comments into consideration, it requests the Government to indicate the steps taken to amend the relevant parts of Chapter IV of the Labour Code in the light of the principle of equality of opportunity and treatment of men and women, in consultation with employers’ and workers’ organizations.

Article 5. Special measures of protection on the basis of sex. The Committee requested the Government to provide a copy of the list of jobs with harmful working conditions prohibited for women referred to in section 225 of the Labour Code. Noting that this list has not yet been provided, the Committee hopes that the Government will do so with its next report.

Enforcement. The Government states that no difficulties with regard to the practical application of the Convention have arisen. The Committee, nevertheless, requests the Government to provide information on action taken by the competent authorities to enforce the legislation applying the Convention and the number and nature of cases concerning discrimination addressed by them.

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

Articles 1 and 2 of the Convention. Legislation. The Committee previously noted that the Labour Code, while prohibiting discrimination based on sex with regard to remuneration, does not reflect the principle of equal remuneration for work of equal value, as set out in the Convention. In its 2006 general observation, the Committee noted that where legal provisions do not give expression to the concept of “work of equal value”, such provisions hinder progress in eradicating gender-based pay discrimination against women. The Committee hopes that the Government will take the necessary steps to include provisions in the legislation that give full expression to the principle of equal remuneration for men and women for work of equal value, and it asks the Government to provide information on the measures taken or envisaged in this regard.

Determination of rates of remuneration. The Government asserts that the application of the principle of equal remuneration for men and women for work of equal value was ensured through the legally established machinery for wage-determination and collective agreements. The Committee asks the Government to provide information outlining the specific methods used in the context of collective agreements and the legally established wage-fixing machinery to ensure the application of the principle of equal remuneration for men and women for work of equal value and to provide examples of collective agreements, indicating the manner in which they apply the principle.

Article 3. Objective job evaluation. The Committee previously noted that wages are lowest in female-dominated sectors and occupations and that the gap between the remuneration received in female-dominated sectors and other sectors continued to increase. In this context, it asked the Government to provide a description of the job evaluation methods used, in both the private and public sectors, and to indicate the measures taken to prevent the undervaluing of jobs performed by women. The Committee urges the Government to provide this information in its next report.

Enforcement. The Committee once again asks the Government to provide information on the manner in which the competent national authorities have enabled enforcement of the principle of equal remuneration for men and women for work of equal value. In this regard, please provide information on the number, nature and outcome of cases involving discrimination in employment and occupation dealt with by the labour inspectors, the Procurator-General’s Office, or by the courts and the Ombudsperson.

Statistical information. The Committee once again asks the Government to provide statistical information on the earnings of men and women in the different industries and occupations.

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

The Committee notes with regret 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:

The Committee notes the Government’s first report and the observations made by the Council of the Trade Unions Federation of Uzbekistan and the Chamber of Manufacturers and Entrepreneurs of Uzbekistan attached thereto. It asks the Government to provide further information on the following points.

1. Articles 1 and 2 of the Convention. Application of the Convention’s principle in law. The Committee notes that the Labour Code prohibits discrimination on the basis of sex with regard to remuneration, which includes wages and salaries, and also bonuses, additional payments, increments and incentive payments (sections 6, 153 and 154). In this context, the Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value requires comparison of the jobs carried out by men and women and the remuneration received. In this regard, the Committee recalls that the scope of such a comparison should not be limited to jobs which are identical, but extends to a comparison between jobs which are different in nature but nevertheless of equal value, as determined by the application of objective criteria, such as skill, effort or responsibility. A comparison of jobs done and remuneration received by men and women should also be possible beyond the enterprise level. The Committee requests the Government to indicate the legal provisions that apply these requirements of the Convention.

2. Determination of rates of remuneration. The Committee notes that remuneration rates are determined by collective agreements and collective contracts or other local acts, taking into account minimum wage rates fixed by legislation. It also notes from section 153 of the Labour Code that the modalities and systems of payment of remuneration are to be established at the enterprise levels through collective contracts or other local acts. The Committee asks the Government to:

(a)   indicate the method applied to ensure that remuneration established in collective agreements and contracts, as well as minimum wage instruments, is determined in accordance with the principle of equal remuneration of men and women for work of equal value. Please provide examples of collective agreements and contracts and indicate the manner in which they apply the principle; and

(b)    provide detailed information on the design and functioning of the modalities and systems regarding the payment provided for under section 153 of the Labour Code, and indicate how they take into consideration the principle of the Convention.

3. Article 3. Objective appraisal of jobs. The Committee notes from the comments made by the Council of the Trade Unions Federation that, in order to determine remuneration in a non-discriminatory manner, methods for objective job evaluation are being used, in agreement with the trade unions. Noting from the Government’s initial report under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/UZB/1, 2 February 2000, pages 59‑60) that wages are lowest in female-dominated sectors and occupations and that the gap between the remuneration received in female-dominated and other sectors continues to increase, the Committee asks the Government to provide a detailed description of the job evaluation methods used, in both the private and public sectors and to indicate any measures taken to prevent the undervaluing of jobs performed by women.

4. Article 4. Collaboration with employers’ and workers’ organizations. Please continue to provide examples of concrete collaboration with employers’ and workers’ organizations for the purpose of giving effect to the provisions of the Convention.

5. Parts III and IV of the report form. Enforcement. The Committee asks the Government to provide information on the manner in which the competent national authorities have enabled enforcement of the principle of equal remuneration for men and women for work of equal value. In this regard, please provide information on the number, nature and outcome of cases involving discrimination in employment and occupation dealt with by the labour inspectors, the Procurator-General’s Office, or by the courts and the Ombudsperson.

6. Part V of the report form. Assessment of the gender wage gap. The Committee notes from the Government’s initial report under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/UZB/1, 2 February 2000, page 59) that in 1997 women’s average wages were 20 per cent lower than men’s. The Committee asks the Government to provide the fullest possible statistical information, disaggregated by sex, in their reports, with regard to the following:

(a)   the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise; and (7) geographical area; and

(b)    statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (subparagraphs (1)–(7) of paragraph (i) above).

Where feasible, statistics on average earnings should be compiled according to hours actually worked or paid for, with an indication of the concept of hours of work used. Where earnings data are compiled on a different basis (e.g. earnings per week or per month), the statistics on the average number of hours of work should refer to the same time period (that is, by week or by month).

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

The Committee notes with regret 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. Article 1 of the Convention. Application in respect of non-citizens. The Committee notes that the provisions on non-discrimination contained in article 18 of the Constitution and section 6 of the Labour Code cover only citizens of the Republic of Uzbekistan. The Government is therefore requested to provide information on how the Convention is applied in law and practice to non-citizens. Please indicate in this regard the number of non-citizens present in the country and the remedies available to them in case of discrimination in employment and occupation.

2. Indirect discrimination. The Committee recalls that the Convention is intended to cover direct and indirect discrimination (see the 1996 Special Survey on the Convention, paragraphs 25–26). The Government is requested to indicate how the legislation covers indirect discrimination.

3. Discrimination on the basis of political opinion and colour. The Committee notes that no reference is made in the Constitution and relevant legislation establishing the principle of non-discrimination in employment and occupation to the grounds of political opinion and colour, which are listed as prohibited grounds of discrimination in Article 1(1)(a) of the Convention. While noting that section 6 of the Labour Code refers to “any other factors” unrelated to professional qualifications and output, the Committee recommends including political opinion and colour explicitly as prohibited grounds in national legislation. Until such amendments can be made, the Committee requests the Government to provide information on the measures taken to ensure that no worker is being subjected to discrimination on the basis of his or her political opinion or colour.

4. Discrimination on the basis of sex. Sexual harassment. The Committee notes that, under section 122 of the Criminal Code, “the coercion of a woman into sexual intercourse or satisfying sexual demands in an unnatural way by a person upon whom the woman was dependent for work or materially or otherwise dependent is punishable by corrective labour for up to two years or by detention for up to six months”. The Committee invites the Government to provide further information on measures taken to prohibit and prevent sexual harassment at work, in accordance with its 2002 general observation on this issue.

5. Article 1(3). Equality of opportunity and treatment with regard to access to employment. The Committee notes the Council of the Trade Unions Federation’s observation that recruitment on the basis of ethnic origin or gender was practised in the private sector. While noting that section 224 of the Labour Code prohibits non-recruitment of women on the ground of pregnancy or the fact of having children, the Committee requests the Government to indicate the legal provisions prohibiting, more generally, discrimination during recruitment on the basis of sex, and on any other ground listed in the Convention. Please also indicate whether any measures are being taken to prohibit the publication of discriminatory vacancy announcements, as suggested by the Council of the Trade Unions Federation.

6. Article 2. Equality of opportunity and treatment of men and women. The Committee notes with some concern that the participation of women in higher education has been declining in recent years (initial report of Uzbekistan submitted under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/UZB/1, 2 February 2000)). It also notes that women are concentrated in certain sectors and occupations, that they are more often affected by dismissals due to redundancy, and that they are more often facing difficulties finding employment after periods of unemployment. The Committee requests the Government to provide detailed information on the situation of men and women in respect to their participation in employment and occupation. This information should include statistical data on: (a) the participation of men and women in the various disciplines of secondary and higher education, vocational training and other forms of skill development; (b) employment and unemployment of men and women; and (c) the participation of men and women in employment in the various sectors of the economy, occupations and levels of responsibility. The Government is also requested to provide information on the practical measures taken to promote effective equality of opportunity of treatment of men and women in employment and occupation, including awareness-raising activities and educational programmes regarding gender equality.

7. Special measures for workers with family responsibilities. The Committee notes that Chapter IV of the Labour Code (“additional guarantees and benefits for specific categories of workers”) contains measures applying to persons with family responsibilities. A number of these measures are available only to women workers, such as the right of women with children under 3 years of age to reduced working hours (section 228–1), the right to part-time work of women caring for children under 14 years of age (section 229), the right of women with two or more children under 12 years or a disabled child to annual complementary leave (section 232), and certain working time and travel restrictions for women with children under 14 years (section 228). Fathers can benefit from these measures only in certain cases, such as death or long-term hospitalization of the mother (section 238). In this respect, the Committee stresses that, in order to be in conformity with the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing. The Government is therefore requested to review the relevant parts of Chapter IV of the Labour Code in the light of the principle of equality of opportunity and treatment of men and women, in consultation with employers’ and workers’ organizations.

8. Equality of opportunity and treatment on the grounds of race, colour, national extraction, religion and social origin. The Committee requests the Government to provide information on the practical measures taken to ensure the Convention’s application in respect of the prohibited grounds of race, colour, national extraction, religion and social origin. In this regard, please provide information on the participation of the various ethnic minority groups in employment and occupation.

9. Article 3(d). Application of the Convention in respect of the civil service. The Committee requests the Government to provide further information on how the Convention is applied with respect to the civil service. Please indicate the extent to which the Labour Code is applicable, and provide information on any other applicable laws and regulations, in particular those regulating recruitment, remuneration and promotion, and disciplinary procedures. Please state how these laws and regulations ensure equality of opportunity and treatment as defined under the Convention, and indicate the procedures and remedies available to civil servants in cases of discrimination.

10. Article 4. Measures against persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide information on any legislative, administrative or other measure that may have been taken concerning persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State, which may restrict these person’s access to employment and occupation.

11. Article 5. Special measures of protection on the basis of sex. The Committee requests the Government to provide a copy of the list of jobs with harmful working conditions prohibited for women referred to in section 225 of the Labour Code.

12. Parts II and IV of the report form. Enforcement. The Committee requests the Government to provide information on the manner in which the competent national authorities have enforced the legislation applying the Convention. In this regard, please provide information on the number, nature and outcome of cases involving discrimination in employment and occupation dealt with by the labour inspectors, the Procurator-General’s Office, the courts and the Ombudsperson.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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:

The Committee notes the Government’s first report and the observations made by the Council of the Trade Unions Federation of Uzbekistan and the Chamber of Manufacturers and Entrepreneurs of Uzbekistan attached thereto. It asks the Government to provide further information on the following points.

1. Articles 1 and 2 of the Convention. Application of the Convention’s principle in law. The Committee notes that the Labour Code prohibits discrimination on the basis of sex with regard to remuneration, which includes wages and salaries, and also bonuses, additional payments, increments and incentive payments (sections 6, 153 and 154). In this context, the Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value requires comparison of the jobs carried out by men and women and the remuneration received. In this regard, the Committee recalls that the scope of such a comparison should not be limited to jobs which are identical, but extends to a comparison between jobs which are different in nature but nevertheless of equal value, as determined by the application of objective criteria, such as skill, effort or responsibility. A comparison of jobs done and remuneration received by men and women should also be possible beyond the enterprise level. The Committee requests the Government to indicate the legal provisions that apply these requirements of the Convention.

2. Determination of rates of remuneration. The Committee notes that remuneration rates are determined by collective agreements and collective contracts or other local acts, taking into account minimum wage rates fixed by legislation. It also notes from section 153 of the Labour Code, that the modalities and systems of payment of remuneration are to be established at the enterprise levels through collective contracts or other local acts. The Committee asks the Government to:

(a)   indicate the method applied to ensure that remuneration established in collective agreements and contracts, as well as minimum wage instruments, is determined in accordance with the principle of equal remuneration of men and women for work of equal value. Please provide examples of collective agreements and contracts and indicate the manner in which they apply the principle; and

(b)    provide detailed information on the design and functioning of the modalities and systems regarding the payment provided for under section 153 of the Labour Code, and indicate how they take into consideration the principle of the Convention.

3. Article 3. Objective appraisal of jobs. The Committee notes from the comments made by the Council of the Trade Unions Federation that, in order to determine remuneration in a non-discriminatory manner, methods for objective job evaluation are being used, in agreement with the trade unions. Noting from the Government’s initial report under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/UZB/1, 2 February 2000, pages 59‑60) that wages are lowest in female-dominated sectors and occupations and that the gap between the remuneration received in female-dominated and other sectors continues to increase, the Committee asks the Government to provide a detailed description of the job evaluation methods used, in both the private and public sectors and to indicate any measures taken to prevent the undervaluing of jobs performed by women.

4. Article 4. Collaboration with employers’ and workers’ organizations. Please continue to provide examples of concrete collaboration with employers’ and workers’ organizations for the purpose of giving effect to the provisions of the Convention.

5. Parts III and IV of the report form. Enforcement. The Committee asks the Government to provide information on the manner in which the competent national authorities have enabled enforcement of the principle of equal remuneration for men and women for work of equal value. In this regard, please provide information on the number, nature and outcome of cases involving discrimination in employment and occupation dealt with by the labour inspectors, the Procurator-General’s Office, or by the courts and the Ombudsperson.

6. Part V of the report form. Assessment of the gender wage gap. The Committee notes from the Government’s initial report under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/UZB/1, 2 February 2000, page 59) that in 1997 women’s average wages were 20 per cent lower than men’s. The Committee asks the Government to provide the fullest possible statistical information, disaggregated by sex, in their reports, with regard to the following:

(a)   the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise; and (7) geographical area; and

(b)    statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (subparagraphs (1) to (7) of paragraph (i) above).

Where feasible, statistics on average earnings should be compiled according to hours actually worked or paid for, with an indication of the concept of hours of work used. Where earnings data are compiled on a different basis (e.g. earnings per week or per month), the statistics on the average number of hours of work should refer to the same time period (that is, by week or by month).

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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. Article 1 of the Convention. Application in respect of non-citizens. The Committee notes that the provisions on non-discrimination contained in article 18 of the Constitution and section 6 of the Labour Code cover only citizens of the Republic of Uzbekistan. The Government is therefore requested to provide information on how the Convention is applied in law and practice to non-citizens. Please indicate in this regard the number of non-citizens present in the country and the remedies available to them in case of discrimination in employment and occupation.

2. Indirect discrimination. The Committee recalls that the Convention is intended to cover direct and indirect discrimination (see the 1996 Special Survey on the Convention, paragraphs 25-26). The Government is requested to indicate how the legislation covers indirect discrimination.

3. Discrimination on the basis of political opinion and colour. The Committee notes that no reference is made in the Constitution and relevant legislation establishing the principle of non-discrimination in employment and occupation to the grounds of political opinion and colour, which are listed as prohibited grounds of discrimination in Article 1(1)(a) of the Convention. While noting that section 6 of the Labour Code refers to “any other factors” unrelated to professional qualifications and output, the Committee recommends including political opinion and colour explicitly as prohibited grounds in national legislation. Until such amendments can be made, the Committee requests the Government to provide information on the measures taken to ensure that no worker is being subjected to discrimination on the basis of his or her political opinion or colour.

4. Discrimination on the basis of sex. Sexual harassment. The Committee notes that, under section 122 of the Criminal Code, “the coercion of a woman into sexual intercourse or satisfying sexual demands in an unnatural way by a person upon whom the woman was dependent for work or materially or otherwise dependent is punishable by corrective labour for up to two years or by detention for up to six months”. The Committee invites the Government to provide further information on measures taken to prohibit and prevent sexual harassment at work, in accordance with its 2002 general observation on this issue.

5. Article 1(3). Equality of opportunity and treatment with regard to access to employment. The Committee notes the Council of the Trade Unions Federation’s observation that recruitment on the basis of ethnic origin or gender was practised in the private sector. While noting that section 224 of the Labour Code prohibits non-recruitment of women on the ground of pregnancy or the fact of having children, the Committee requests the Government to indicate the legal provisions prohibiting, more generally, discrimination during recruitment on the basis of sex, and on any other ground listed in the Convention. Please also indicate whether any measures are being taken to prohibit the publication of discriminatory vacancy announcements, as suggested by the Council of the Trade Unions Federation.

6. Article 2. Equality of opportunity and treatment of men and women. The Committee notes with some concern that the participation of women in higher education has been declining in recent years (initial report of Uzbekistan submitted under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/UZB/1, 2 February 2000)). It also notes that women are concentrated in certain sectors and occupations, that they are more often affected by dismissals due to redundancy, and that they are more often facing difficulties finding employment after periods of unemployment. The Committee requests the Government to provide detailed information on the situation of men and women in respect to their participation in employment and occupation. This information should include statistical data on: (a) the participation of men and women in the various disciplines of secondary and higher education, vocational training and other forms of skill development; (b) employment and unemployment of men and women; and (c) the participation of men and women in employment in the various sectors of the economy, occupations and levels of responsibility. The Government is also requested to provide information on the practical measures taken to promote effective equality of opportunity of treatment of men and women in employment and occupation, including awareness-raising activities and educational programmes regarding gender equality.

7. Special measures for workers with family responsibilities. The Committee notes that Chapter IV of the Labour Code (“additional guarantees and benefits for specific categories of workers”) contains measures applying to persons with family responsibilities. A number of these measures are available only to women workers, such as the right of women with children under 3 years of age to reduced working hours (section 228-1), the right to part-time work of women caring for children under 14 years of age (section 229), the right of women with two or more children under 12 years or a disabled child to annual complementary leave (section 232), and certain working time and travel restrictions for women with children under 14 years (section 228). Fathers can benefit from these measures only in certain cases, such as death or long-term hospitalization of the mother (section 238). In this respect, the Committee stresses that, in order to be in conformity with the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing. The Government is therefore requested to review the relevant parts of Chapter IV of the Labour Code in the light of the principle of equality of opportunity and treatment of men and women, in consultation with employers’ and workers’ organizations.

8. Equality of opportunity and treatment on the grounds of race, colour, national extraction, religion and social origin. The Committee requests the Government to provide information on the practical measures taken to ensure the Convention’s application in respect of the prohibited grounds of race, colour, national extraction, religion and social origin. In this regard, please provide information on the participation of the various ethnic minority groups in employment and occupation.

9. Article 3(d). Application of the Convention in respect of the civil service. The Committee requests the Government to provide further information on how the Convention is applied with respect to the civil service. Please indicate the extent to which the Labour Code is applicable, and provide information on any other applicable laws and regulations, in particular those regulating recruitment, remuneration and promotion, and disciplinary procedures. Please state how these laws and regulations ensure equality of opportunity and treatment as defined under the Convention, and indicate the procedures and remedies available to civil servants in cases of discrimination.

10. Article 4. Measures against persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide information on any legislative, administrative or other measure that may have been taken concerning persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State, which may restrict these person’s access to employment and occupation.

11. Article 5. Special measures of protection on the basis of sex. The Committee requests the Government to provide a copy of the list of jobs with harmful working conditions prohibited for women referred to in section 225 of the Labour Code.

12. Parts II and IV of the report form. Enforcement. The Committee requests the Government to provide information on the manner in which the competent national authorities have enforced the legislation applying the Convention. In this regard, please provide information on the number, nature and outcome of cases involving discrimination in employment and occupation dealt with by the labour inspectors, the Procurator-General’s Office, the courts and the Ombudsperson.

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

The Committee notes the Government’s first report and the observations made by the Council of the Trade Unions Federation of Uzbekistan and the Chamber of Manufacturers and Entrepreneurs of Uzbekistan attached thereto. It asks the Government to provide further information on the following points.

1. Articles 1 and 2 of the Convention. Application of the Convention’s principle in law. The Committee notes that the Labour Code prohibits discrimination on the basis of sex with regard to remuneration, which includes wages and salaries, and also bonuses, additional payments, increments and incentive payments (sections 6, 153 and 154). In this context, the Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value requires comparison of the jobs carried out by men and women and the remuneration received. In this regard, the Committee recalls that the scope of such a comparison should not be limited to jobs which are identical, but extends to a comparison between jobs which are different in nature but nevertheless of equal value, as determined by the application of objective criteria, such as skill, effort or responsibility. A comparison of jobs done and remuneration received by men and women should also be possible beyond the enterprise level. The Committee asks requests the Government to indicate the legal provisions that apply these requirements of the Convention.

2. Determination of rates of remuneration. The Committee notes that remuneration rates are determined by collective agreements and collective contracts or other local acts, taking into account minimum wage rates fixed by legislation. It also notes from section 153 of the Labour Code, that the modalities and systems of payment of remuneration are to be established at the enterprise levels through collective contracts or other local acts. The Committee asks the Government to:

(a)  indicate the method applied to ensure that remuneration established in collective agreements and contracts, as well as minimum wage instruments, is determined in accordance with the principle of equal remuneration of men and women for work of equal value. Please provide examples of collective agreements and contracts and indicate the manner in which they apply the principle;

(b)  provide detailed information on the design and functioning of the modalities and systems regarding the payment provided for under section 153 of the Labour Code, and indicate how they take into consideration the principle of the Convention.

3. Article 3. Objective appraisal of jobs. The Committee notes from the comments made by the Council of the Trade Unions Federation that, in order to determine remuneration in a non-discriminatory manner, methods for objective job evaluation are being used, in agreement with the trade unions. Noting from the Government’s initial report under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/UZB/1, 2 February 2000, pages 59-60) that wages are lowest in female-dominated sectors and occupations and that the gap between the remuneration received in female-dominated and other sectors continues to increase, the Committee asks the Government to provide a detailed description of the job evaluation methods used, in both the private and public sectors and to indicate any measures taken to prevent the undervaluing of jobs performed by women.

4. Article 4. Collaboration with employers’ and workers’ organizations. Please continue to provide examples of concrete collaboration with employers’ and workers’ organizations for the purpose of giving effect to the provisions of the Convention.

5. Parts III and IV of the report form. Enforcement. The Committee asks the Government to provide information on the manner in which the competent national authorities have enabled enforcement of the principle of equal remuneration for men and women for work of equal value. In this regard, please provide information on the number, nature and outcome of cases involving discrimination in employment and occupation dealt with by the labour inspectors, the Procurator-General’s Office, or by the courts and the Ombudsperson.

6. Part V of the report form. Assessment of the gender wage gap. The Committee notes from the Government’s initial report under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/UZB/1, 2 February 2000, page 59) that in 1997 women’s average wages were 20 per cent lower than men’s. The Committee asks the Government to provide the fullest possible statistical information, disaggregated by sex, in their reports, with regard to the following:

(i)  the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise; and (7) geographical area; and

(ii)  statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (subparagraphs (1) to (7) of paragraph (i) above).

Where feasible, statistics on average earnings should be compiled according to hours actually worked or paid for, with an indication of the concept of hours of work used. Where earnings data are compiled on a different basis (e.g. earnings per week or per month), the statistics on the average number of hours of work should refer to the same time period (that is, by week or by month).

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

The Committee notes the Government’s first report and the observations made by the Council of the Trade Unions Federation of Uzbekistan and the Chamber of Manufacturers and Entrepreneurs of Uzbekistan attached thereto. It requests the Government to provide further information on the following points.

1. Article 1 of the Convention. Application in respect of non-citizens. The Committee notes that the provisions on non-discrimination contained in article 18 of the Constitution and section 6 of the Labour Code cover only citizens of the Republic of Uzbekistan. The Government is therefore requested to provide information on how the Convention is applied in law and practice to non-citizens. Please indicate in this regard the number of non-citizens present in the country and the remedies available to them in case of discrimination in employment and occupation.

2. Indirect discrimination. The Committee recalls that the Convention is intended to cover direct and indirect discrimination (see the 1996 Special Survey on the Convention, paragraphs 25-26). The Government is requested to indicate how the legislation covers indirect discrimination.

3. Discrimination on the basis of political opinion and colour. The Committee notes that no reference is made in the Constitution and relevant legislation establishing the principle of non-discrimination in employment and occupation to the grounds of political opinion and colour, which are listed as prohibited grounds of discrimination in Article 1(1)(a) of the Convention. While noting that section 6 of the Labour Code refers to "any other factors" unrelated to professional qualifications and output, the Committee recommends including political opinion and colour explicitly as prohibited grounds in national legislation. Until such amendments can be made, the Committee requests the Government to provide information on the measures taken to ensure that no worker is being subjected to discrimination on the basis of his or her political opinion or colour.

4. Discrimination on the basis of sex. Sexual harassment. The Committee notes that, under section 122 of the Criminal Code, "the coercion of a woman into sexual intercourse or satisfying sexual demands in an unnatural way by a person upon whom the woman was dependent for work or materially or otherwise dependent is punishable by corrective labour for up to two years or by detention for up to six months". The Committee invites the Government to provide further information on measures taken to prohibit and prevent sexual harassment at work, in accordance with its 2002 general observation on this issue.

5. Article 1(3). Equality of opportunity and treatment with regard to access to employment. The Committee notes the Council of the Trade Unions Federation’s observation that recruitment on the basis of ethnic origin or gender was practised in the private sector. While noting that section 224 of the Labour Code prohibits non-recruitment of women on the ground of pregnancy or the fact of having children, the Committee requests the Government to indicate the legal provisions prohibiting, more generally, discrimination during recruitment on the basis of sex, and on any other ground listed in the Convention. Please also indicate whether any measures are being taken to prohibit the publication of discriminatory vacancy announcements, as suggested by the Council of the Trade Unions Federation.

6. Article 2. Equality of opportunity and treatment of men and women. The Committee notes with some concern that the participation of women in higher education has been declining in recent years (initial report of Uzbekistan submitted under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/UZB/1, 2 February 2000)). It also notes that women are concentrated in certain sectors and occupations, that they are more often affected by dismissals due to redundancy, and that they are more often facing difficulties finding employment after periods of unemployment. The Committee requests the Government to provide detailed information on the situation of men and women in respect to their participation in employment and occupation. This information should include statistical data on: (a) the participation of men and women in the various disciplines of secondary and higher education, vocational training and other forms of skill development; (b) employment and unemployment of men and women; and (c) the participation of men and women in employment in the various sectors of the economy, occupations and levels of responsibility. The Government is also requested to provide information on the practical measures taken to promote effective equality of opportunity of treatment of men and women in employment and occupation, including awareness-raising activities and educational programmes regarding gender equality.

7. Special measures for workers with family responsibilities. The Committee notes that Chapter IV of the Labour Code ("additional guarantees and benefits for specific categories of workers") contains measures applying to persons with family responsibilities. A number of these measures are available only to women workers, such as the right of women with children under 3 years of age to reduced working hours (section 228-1), the right to part-time work of women caring for children under 14 years of age (section 229), the right of women with two or more children under 12 years or a disabled child to annual complementary leave (section 232), and certain working time and travel restrictions for women with children under 14 years (section 228). Fathers can benefit from these measures only in certain cases, such as death or long-term hospitalization of the mother (section 238). In this respect, the Committee stresses that, in order to be in conformity with the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing. The Government is therefore requested to review the relevant parts of Chapter IV of the Labour Code in the light of the principle of equality of opportunity and treatment of men and women, in consultation with employers’ and workers’ organizations.

8. Equality of opportunity and treatment on the grounds of race, colour, national extraction, religion and social origin. The Committee requests the Government to provide information on the practical measures taken to ensure the Convention’s application in respect of the prohibited grounds of race, colour, national extraction, religion and social origin. In this regard, please provide information on the participation of the various ethnic minority groups in employment and occupation.

9. Article 3(d). Application of the Convention in respect of the civil service. The Committee requests the Government to provide further information on how the Convention is applied with respect to the civil service. Please indicate the extent to which the Labour Code is applicable, and provide information on any other applicable laws and regulations, in particular those regulating recruitment, remuneration and promotion, and disciplinary procedures. Please state how these laws and regulations ensure equality of opportunity and treatment as defined under the Convention, and indicate the procedures and remedies available to civil servants in cases of discrimination.

10. Article 4. Measures against persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide information on any legislative, administrative or other measure that may have been taken concerning persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State, which may restrict these person’s access to employment and occupation.

11. Article 5. Special measures of protection on the basis of sex. The Committee requests the Government to provide a copy of the list of jobs with harmful working conditions prohibited for women referred to in section 225 of the Labour Code.

12. Parts II and IV of the report form. Enforcement. The Committee requests the Government to provide information on the manner in which the competent national authorities have enforced the legislation applying the Convention. In this regard, please provide information on the number, nature and outcome of cases involving discrimination in employment and occupation dealt with by the labour inspectors, the Procurator-General’s Office, the courts and the Ombudsperson.