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).