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

Uzbekistan

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2019)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2019)

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

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2025, which reiterate the comments made in June 2025 by the employers’ group, as well as by the Employer member from Uzbekistan in the Conference Committee on the Application of Standards (Conference Committee) on the application of the Conventions by Uzbekistan. The Committee also notes the observations of the International Trade Union Confederation (ITUC) received on 2 September 2025. The Committee requests the Government to provide its comments in this respect.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 113 th Session, June 2025)

The Committee notes the discussion which took place in the Conference Committee at the 113th Session (June 2025) of the Conference regarding the application of Conventions Nos 81 and 129 by Uzbekistan. In its conclusions, the Conference Committee noted with concern the practice of moratoria on labour inspections in the country and the restrictions on the powers of labour inspectors. The Conference Committee urged the Government, in consultation with the social partners, to take effective and time-bound measures to:

• eliminate the temporary ban on inspections and refrain from reintroducing such bans in the future;
• recruit labour inspectors and provide them with material, financial and operational resources in order to ensure the proper functioning of the Labour Inspectorate;
• ensure that labour inspections are undertaken as often and as thoroughly as necessary, including by ensuring that all the restrictions on the Labour Inspectors’ powers are removed;
• ensure that effective and adequate enforcement and penalties are in place, by ensuring that labour inspectors have the power to exercise their discretion to give warning and advice, instead of instituting or recommending proceedings, and establishing adequate penalties for obstructing labour inspectors in the performance of their duties.

The Conference Committee, welcoming the Government’s use of ILO technical assistance to improve labour inspections, invited the Government to continue availing itself of ILO technical assistance in this regard.

The Committee notes the Government’s report indicating that a series of measures have been taken following the conclusions of the Conference Committee, aimed at strengthening the labour inspection system and reaffirming its commitment to continue to avail itself of ILO technical assistance to ensure the effective implementation of the Conventions.

Articles 8, 10 and 11 of Convention No. 81 and Articles 10, 14 and 15 of Convention No. 129. Resources allocated to the Labour Inspectorate. The Government indicates in its report that, in July 2025, an order of the Minister of Employment and Poverty Reduction was approved, increasing the number of staff positions for state labour inspectors from 412 to 620, with recruitment for these new positions currently under way. The Committee notes with interest the introduction of the position of State Agricultural Labour Inspector at the territorial labour inspectorates. The Committee notes that the Government has not provided the number of employees currently working in the State Labour Inspectorate (SLI). Noting the ongoing recruitment, the Committee requests the Government to provide information on the number of labour inspectors, disaggregated by gender, currently employed by the SLI, at the central and regional levels, as well as the number of vacant positions. The Committee requests the Government to take the necessary measures to ensure the timely recruitment for the newly established labour inspection positions, including female inspectors, and to ensure that the SLI has sufficient material and financial resources, as well as the necessary transport facilities to effectively perform its duties.

Articles 12, 15(c) and 16 of Convention No. 81 and Articles 16, 20(c) and 21 of Convention No. 129. Powers of labour inspectors. Frequency and thoroughness of labour inspections.Moratorium on inspections. The Committee notes the Government representative’s indication to the Conference Committee that the entry into force of the new Labour Code in 2023 superseded previous decisions imposing a moratorium on labour inspections and that the moratorium was lifted in 2024. At the same time, the Committee notes that section 4 of Presidential Decree No. 5490 of 2018, which established a ban on inspection activities, is still in force. It also notes that, while Presidential Decree No. 126 of 4 August 2025 “On Additional Measures to Improve the System of Labour Relations and Vocational Training, as well as to Encourage Employers” (Presidential Decree No. 126), referred to by the Government, lifts some of the limitations on labour inspections, it does not lift the 2018 moratorium. Recalling once again that a moratorium placed on labour inspection is a serious violation of the Conventions, and with reference to its 2019 general observation on the labour inspection Conventions as well as to the conclusions of the Conference Committee, the Committee urges the Government to take the necessary measures to ensure legal clarity, including through amending section 4 of Presidential Decree No. 5490 of 2018 and refrain from reintroducing such bans in the future, in order to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of Convention No. 81 and Article 21 of Convention No. 129.

Other limitations. The Committee notes the Government’s indication that based on the recommendations of the Conference Committee, inspection activities have been fundamentally reformed and that the number of inspections of business entities has increased. In this respect, the Committee notes the lifting of certain restrictions previously identified by the Committee, including: (i) the requirement for the SLI to notify the business entity of the commencement of the inspection no later than 10 working days in advance (section 3(a) of the Presidential Decree No. 374 of 2022 as amended, and section 5(a)(ii) of Presidential Decree No. 126); (ii) the requirement that inspections are carried out only after preventive measures have been implemented (section 8 of the Appendix to Presidential Decree No. 374 of 2022, as amended); and (iii) the requirement for labour inspectors to seek prior approval for inspections from the authorized body for the protection of the rights and legitimate interests of business entities (Sections 9 and 14 of the Appendix to Presidential Decree No. 374).

At the same time, the Committee notes with deep concern that many of the restrictions on labour inspections imposed through Presidential Decree No. 5490 of 2018 and noted in the previous comment are still in force. In particular:

• section 5 still provides that: (i) all inspections of the activities of business entities conducted by supervisory authorities are subject to mandatory registration in the Unified System of Electronic Registration of Inspections; (ii) inspections carried out without registration in the Unified System of Electronic Registration of Inspections are illegal; and (iii) the coordination of inspections and control over the legality of their conduct are carried out by the authorized body for the protection of the rights and legitimate interests of business entities (“the authorized body”).
• section 8 still provides that the Ministry for the Development of Information Technologies and Communications, together with the Prosecutor General’s Office, shall develop the Unified System for Electronic Registration of Inspections which allows the authorized body to study the validity of the decisions taken by the supervisory authorities to conduct inspections and issue a permit; and to supervise the compliance of supervisory authorities with the procedure for conducting inspections established by law; while allowing business entities to receive, upon request, information about the inspection in the form of short messages (SMS) or via the internet in real time.
• although limitations on the duration of inspections set out in annexes 1 and 2 have been removed, section 4 still provides that inspections based on a complaint cannot last longer than one working day.

The Committee also notes that Presidential Decree No. 374 of 2022 maintains a number of restrictions to the powers of labour inspectors, providing that: (i) labour inspectors cannot conduct re-inspections (section 3(a)); (ii) business entities have the right to refuse inspections when the order to conduct an inspection was not drawn up in accordance with the established procedure or if the advance notification of the inspection was not carried out (section 3(b)); (iii) during the inspection, officials of the supervisory authority must neither go beyond the timeline, nor beyond the issues defined in the inspection programme (new section 21 of the Appendix to the Decree); (iv) before the start of the inspection, the inspector shall familiarize the head of the business entity with the purpose of the inspection, present them with an official ID giving the right to conduct the inspection, and provide copies of the documents that are the basis for the inspection (new section 15 of the Appendix to the Decree, which does not provide for any exemptions from such approach, as envisaged in Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129); and (v) inspections can only be carried out during working hours (new section 22 of the Appendix to the Decree).

The Committee further notes once again that according to section 5 of Appendix 2 of the Decision of the Cabinet of Ministers No. 246 of 27 April 2017, concerning audits of occupational health and safety measures in workplaces to be carried out by legal entities on a contractual basis, no planned inspections should be carried out for three years in workplaces which are certified through such audits.

The Committee notes once again that the powers of inspectors, as set out in section 10 of the Regulations on the SLI, do not include the power to interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on matters concerning the application of legal provisions (Article 12(1)(c)(i) of Convention No. 81 and Article 16(1)(c)(i) of Convention No. 129) or the power to take or remove, for purposes of analysis, samples of materials and substances used or handled (Article 12(1)(c)(iv) of Convention No. 81 and Article 16(1)(c)(iii) of Convention No. 129).

Lastly, the Committee notes the introduction of an exemption from inspections of low-risk business activities (as identified through a risk analysis procedure), as per section 5 of Presidential Decree No. 184 of 14 November 2024.

Noting that, while some limitations to labour inspection activities have been lifted, a series of restrictions still remain, the Committee requests the Government to take the necessary measures to ensure that labour inspectors: (i) are empowered to make visits to workplaces liable to inspection without previous notice, in conformity with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129; (ii) are empowered to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed in conformity with Article 12(1)(c) of Convention No. 81 and Article 16(1)(c) of Convention No. 129; (iii) can choose not to notify the employer or their representative of their presence, if they consider that such notification may be prejudicial to the performance of their duties, in accordance with Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129; and (iv) are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of Convention No. 81 and Article 21 of Convention No. 129. In addition, the Committee requests that the Government take the necessary measures to ensure that risk assessment criteria do not limit the powers of labour inspectors or the undertaking of labour inspections.

The Committee also requests the Government to continue to provide information on inspections in practice, indicating the total number of workplaces liable to inspection, the number of scheduled and unscheduled inspections, and of on-site inspections and inspections without a visit to the workplace, as well as the number of inspections conducted in response to a complaint, and the results of all such inspections.

The Committee requests the Government to indicate the measures adopted in order to ensure that labour inspectors treat as absolutely confidential the source of any complaint and give no intimation to the employer that an inspection visit was made in consequence of the receipt of such a complaint.

The Committee requests the Government to continue to avail itself of the technical assistance of the Office, including by considering a review of the existing legislation in order to bring it in line with the Conventions.

Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 129. Prompt legal or administrative proceedings without previous warning and discretion of labour inspectors to give warning and advice. In its previous comments, the Committee had noted the Government’s indication in its report that inspectors are not empowered to impose administrative fines and that when administrative proceedings are brought against business entities, state labour inspectors submit the materials to the court in accordance with article 245(3) of the Administrative Liability Code. In this respect, the Committee notes the Government’s indication that the SLI is now authorized to examine cases of administrative offences provided for in the Administrative Code and impose fines for violations of labour legislation, including on occupational safety, and of legal requirements regarding the mandatory civil liability insurance of employers. The Committee notes that according to section 12 of Presidential Decree No. 347 of 4 October 2024, a procedure is established for applying fines to persons who violate the legislation on labour rights and labour protection, or interfere with, or influence the legal activities of officials of the SLI. The Government also indicates that a system has been introduced whereby inspectors impose fines electronically. In this respect, the Committee notes that under section 5(b) of Presidential Decree No. 126 a new system for considering and making administrative decisions on violations of labour legislation registered through the Unified Electronic Labour System will be introduced from 1 January 2026. The Committee requests the Government to provide more information on the procedure envisaged in section 12 of Presidential Decree No. 347. It also requests the Government to provide information on the application in practice of section 5 (b) of Presidential Decree No. 126 of 4 August 2025 once it is brought into effect.

Adequate penalties for violations of the legal provisions enforceable by labour inspectors. The Committee notes the Government’s indication that, by the end of 2025, revised fine levels for violations of occupational safety legislation will be approved. Regarding the need for adequate penalties for obstructing labour inspectors in the performance of their duties, the Committee notes the Government’s reply that in accordance with section 198 of the Code of Administrative Responsibility, individuals who fail to comply with lawful requirements of state labour inspectors or obstruct their official duties are subject to fines imposed for administrative liability. The Committee notes the information and data provided on penalties for the first half of 2025 as well as the information on violations in the 2024 Labour Inspection report. The Committee requests that the Government provide further information regarding the envisaged revised levels of fines, and concerning the application of adequate penalties for violations. It also requests the Government to provide updated information on the nature and number of violations detected in the course of inspections, any subsequent penalties applied, and the results of any cases referred to the courts.

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