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Equal Remuneration Convention, 1951 (No. 100) - Uzbekistan (Ratification: 1992)

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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 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)

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.

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 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 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:

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:

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

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:

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.

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).