Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Ouzbékistan (Ratification: 1992)

Autre commentaire sur C098

Observation

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Article 4 of the Convention. Collective bargaining. The Committee recalls that it had previously requested the Government to amend sections 21(1), 23(1), 31, 35, 36, 48, 49 and 59 of the Labour Code so as to ensure that the legislation makes it clear that, only in the absence of trade unions at the enterprise, the branch or the territory, can the authorization to bargain collectively be conferred on other representative bodies elected by workers. The Committee notes that, in its report, the Government indicates that the responsible Ministry has prepared a draft law to amend the Labour Code with a view to revising several provisions concerning forced labour, foreign enterprises and guarantees provided to certain categories of workers, and to add new provisions concerning employment. The Committee understands that the draft law does not foresee to amend the abovementioned provisions regulating collective bargaining. The Committee once again recalls that direct negotiation between the undertaking and its employees, bypassing sufficiently representative organizations where these exist, might be detrimental to the principle that negotiation between employers and organizations of workers should be encouraged and promoted. It therefore once again requests the Government to amend the abovementioned sections so as to ensure that it is clear that only in the event where there are no trade unions at the enterprise, the branch or the territory, can an authorization to bargain collectively be conferred on other representative bodies. The Committee requests the Government to indicate the measures taken or envisaged in this respect.

The Committee had previously requested the Government to provide the relevant legislative texts establishing the procedure for settlement of collective labour disputes, as referred to in sections 33 and 281 of the Labour Code. The Committee notes the Government’s indication that collective labour disputes concerning the application of the legislation in force and of existing collective agreements are examined by courts upon request by one of the parties. The Government further indicates that relevant ministries and non-governmental organizations are currently working on a draft law which would regulate collective labour disputes, and that the views of labour law experts and the experience of certain other countries will be taken into account in this process. The Committee recalls that a distinction has to be made between rights disputes, which concern the application or the interpretation of a collective agreement (the settlement of such disputes may be referred to an independent authority), and interest disputes, which relate to the establishment of a collective agreement or to the modification, through collective bargaining, of wages and other conditions of work contained in an existing collective agreement. With regard to the latter type of disputes, the Committee recalls that compulsory arbitration, including through the judicial procedure, in the case that the parties have not reached agreement, is generally contrary to the principles of collective bargaining. In the Committee’s opinion, compulsory arbitration is only acceptable in certain specific circumstances, namely: (i) in essential services in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; (ii) in the case of disputes in the public service involving public servants exercising authority in the name of the State; (iii) when, after protracted and fruitless negotiations, it becomes obvious that the deadlock will not be broken without some initiative by the authorities; or (iv) in the event of an acute national crisis. However, arbitration accepted by both parties (voluntary) is always legitimate. In all cases, the Committee considers that, before imposing arbitration, it is highly advisable that the parties be given every opportunity to bargain collectively, during a sufficient period, with the help of independent mediation. The Committee hopes that the legislation regulating the settlement of collective labour disputes and, in particular, interest disputes, will soon be adopted and that it will reflect the principles above. It requests the Government to provide information on all progress achieved in this respect, including a copy of the draft law or the text of the legislation, if adopted before the next reporting cycle. The Committee reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

Articles 5 and 6. Collective bargaining in the public sector. In its previous comments, the Committee had requested the Government to provide detailed information on trade union and collective bargaining rights of public servants and to list the categories of workers excluded from the application of the Convention. The Committee notes the Government’s indication that, according to the Federation of Trade Unions of Uzbekistan, sectoral collective agreements cover over 30 ministries and government bodies. Trade unions can be established and collective agreements concluded with regard to employees of both chambers of Parliament, the Cabinet of Ministers and local bodies of executive power. The Government further indicates that the list of categories of public servants who do not enjoy the right to establish trade unions and bargain collectively includes certified personnel of the Ministry of Defence, the Ministry of Internal Affairs, Ministry of Emergency Situations, Service of National Safety and Security, State Customs Committee and State Committee on Protection of State Borders. The Committee takes note of this information.