Uzbekistan

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Uzbekistan’s overall score is 82 out of 100. The overall score for Uzbekistan is lower than the regional average observed across Caucasus and Central Asia (83). Within the Caucasus and Central Asia region, the highest score is observed for Azerbaijan (90.5).

Uzbekistan ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 2016 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1992.

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§1, 2 & 4 of the Law on Trade Unions, 2019; §16 of the Civil Code 1996; §21, 23 & 37 of the Labour Code, 2022; CEACR, C87, Obs. 2023

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§29 of the Law on Trade Unions, 2019; §21, 42 & 60 of the Labour Code, 2022; CEACR, C98, Obs. 2022

Does the law provide for the right to strike?

No

0

CEACR, C87, Obs. 2023; USDOS CRHRP 2023 (Uzbekistan)

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§8 of the Law on Trade Unions 2019; USDOS CRHRP 2023 (Uzbekistan)

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §1, 2 & 4 of the Law on Trade Unions, 2019; §16 of the Civil Code 1996; §21, 23 & 37 of the Labour Code, 2022; CEACR, C87, Obs. 2023

A : National Law

National Labour Legislation

"Article 16. Concept of citizen (natural person). Citizens (individuals) mean citizens of the Republic of Uzbekistan, citizens of other countries, as well as stateless persons. Unless otherwise specified by law, the provisions of this Code apply to all citizens."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations.Distinction based on nationality. The Committee had previously noted that sections 4 and 7 of the Law on Trade Unions (LTU) granted the right to organize only to citizens. The Committee had noted the Government’s indication that all workers in its territory enjoyed this right due to the broad definition of “citizens” contained in section 16 of the Civil Code, and requested it to consider amending the LTU so as to avoid any possible ambiguity or conflict in its interpretation. The Committee notes that the Government does not provide any information in this regard. Highlighting the importance of ensuring that all workers residing in the territory of a State benefit from the trade union rights provided by the Convention without any distinction based on nationality, the Committee reiterates its previous request."

Information

Source: §29 of the Law on Trade Unions, 2019; §21, 42 & 60 of the Labour Code, 2022; CEACR, C98, Obs. 2022

A : National Law

National Labour Legislation

"Trade Union Law, 2019 Article 29. The right to conduct collective bargaining and to conclude collective agreements and agreements Trade unions, their associations, divisions and primary trade union organizations have the priority right to conduct collective bargaining, conclude collective contracts and agreements on behalf of the employees whose interests are represented by them. Persons representing the employer are prohibited from conducting collective negotiations and concluding collective contracts and agreements on behalf of employees. Labour Law, 2022 Article 42. Representation of employees In the organization or the employer who is a natural person, the representation of employees and the protection of their rights and interests is carried out at the initial level by the trade union committee. The interests of employees and employers cannot be represented and protected by one representative body. Representation of employees, protection of their rights and interests is carried out by: at the regional and branch levels - relevant trade unions, their associations and divisions (hereinafter referred to as regional and branch trade union associations); at the republican level - associations of republican trade unions. Article 60. The right to collective bargaining Any party of the social partnership can initiate collective negotiations. Any party of the social partnership has the right to send a written notice to the other party about the initiation of negotiations on the conclusion of a new collective agreement, collective agreement within three months before the expiration of the previous collective agreement, collective agreement, or within the periods specified in these documents. Individuals representing the interests of employers, as well as employers, local executive authorities, state administration bodies, organizations or bodies organized or financed by political parties shall not be allowed to conduct collective negotiations on behalf of employees, and to conclude collective agreements and collective agreements. . The parties of the social partnership must provide each other with the available information necessary for conducting collective negotiations no later than two weeks from the date of receipt of the relevant request. Participants of collective negotiations, other persons related to collective negotiations should not disclose the information received, if this information relates to state secrets or other secrets protected by law. "

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 4 of the Convention. Promotion of collective bargaining. The Committee had previously requested the Government to amend sections 21(1), 23(1), 31, 35, 36, 48, 49 and 59 of the Labour Code to ensure 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 representatives elected by workers. The Committee notes the Government’s indication that the revised Labour Code, which was drafted in cooperation with the ILO, provides in section 37 that in the absence of trade unions at the appropriate levels of the social partnership, employees shall have the right to establish other associations to represent and protect their interests. The Committee requests the Government to provide information on the type of other associations the revised Labour Code refers to and on the application in practice of the above-mentioned provision."

Information

Source: CEACR, C87, Obs. 2023; USDOS CRHRP 2023 (Uzbekistan)

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Right to strike. The Committee had previously noted that the procedure for resolving collective labour disputes under section 281 of the Labour Code did not explicitly provide for the right to strike, and that the IUF alleged that most strikes were prohibited and punishable under section 218 of the Criminal Code and section 201 of the Administrative Code. The Committee had requested the Government to take the necessary measures to amend its legislation to ensure full recognition of the right to strike. The Committee notes with regret that sections 570 to 578 of the new Labour Code, which contain the procedure for the resolution of collective labour disputes, do not refer to the right to strike. Recalling the importance of the right to strike as one of the essential means available to workers and their organizations for the promotion and protection of their economic and social interests, the Committee once again requests the Government to take the necessary measures, in full consultation with the social partners, to modify its legislation with a view to ensuring full recognition of the right to strike.The Committee requests the Government to provide information on any progress made in this regard."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law neither provided for nor prohibited the right to strike, but it prohibited antiunion discrimination. "

Information

Source: §8 of the Law on Trade Unions 2019; USDOS CRHRP 2023 (Uzbekistan)

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law neither provided for nor prohibited the right to strike, but it prohibited antiunion discrimination. The law on trade unions stated that workers could not be fired due to trade union membership, but it did not clearly state whether workers fired for union activity had to be reinstated. Volunteers in public works and workers employed by individuals without documented contracts did not have strong legal protections of their rights. "