Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Ouzbékistan (Ratification: 1992)

Autre commentaire sur C100

Observation

Demande directe

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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”.