Solicitud directa (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Uzbekistán

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 2019)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 2019)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together. The Committee notes the Government’s first reports on the application of these Conventions.

Legislative developments. The Committee notes that the Labour Code has been amended on 28 October 2022, and that the revised Labour Code will come into force in April 2023. The Committee will examine its conformity with these Conventions once the translation becomes available.

Articles 3 and 5 (a) of Convention No. 81 and Article 6 and 12(1) of Convention No. 129. Functions of labour inspectors. The Committee notes that according to the Government, the maximum time period for which monitoring and law enforcement authorities may call upon inspectors to perform inspections is set at ten working days per month, in accordance with the Presidential Decision No. PP-3913 of 20 August 2018 on measures to improve the structure of labour bodies and strengthen the rules governing the protection of citizens’ employment rights and occupational safety (Presidential Decision No. PP-3913/2018). The Committee also notes that according to section 38 of the Regulations on the State Labour Inspectorate of the Ministry of Employment and Labour Relations of the Republic of Uzbekistan (Regulations on the SLI), in Annex 3 of the Decision of the Cabinet of Ministers of the Republic of Uzbekistan No. 1066 of 31 December 2018, the term of engagement (secondment) of inspectorate personnel to inspections (investigation teams) shall be no more than ten days per month. The Committee requests the Government to clarify the meaning of these provisions and to provide information on their practical application. In particular, the Committee requests the Government to indicate whether the ten-day limit in these provisions refers to the time spent by inspectors in performing inspection visits for the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, as established in Article 3 (1) of Convention No. 81 and Article 6(1) of Convention No. 129, or to other duties that might be entrusted to labour inspectors by other enforcement agencies, as referenced in Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129.

Articles 4 and 5(b) of Convention No. 81 and Articles 7 and 13 of Convention No. 129.Supervision and control by a central authority. Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes that according to section 9 of the labour code, the control and supervision of compliance with labour legislation and labour protection rules are carried out by specially authorized state bodies and their inspectorates and by trade unions. The Committee notes that the Presidential Decision No. PP-3913/2018, establishes the State Labour Inspectorate (SLI) under the Ministry of Employment and Labour Relations. The Committee also notes that according to section 44 of the Trade Union law, adopted in November 2019, in order to exercise public control over compliance with normative legal acts and normative documents in the field of technical regulation relating to the socio-economic rights and interests of workers, trade union inspections may be established in the structure of trade unions, their associations and subdivisions, in which the relevant trade union inspectors carry out their activities. The Committee requests the Government to indicate the cases and conditions under which trade unions exercise the inspections functions entrusted to them by section 9 of the Labour Code and section 44 of the Trade Union law.The Committee requests the Government to indicate the manner in which the central authority maintains supervision and control of the labour inspection system in its entirety and to specify the conditions and modalities under which the SLI collaborates with the labour inspection bodies under the authority of the trade unions (including the manner in which it delegates powers and supervises their activities). The Committee also requests the Government to provide detailed information on the functions exercised by the trade union labour inspectors in the areas of enforcement, prevention and provision of information and advice.It further requests the Government to provide information on the number of trade union labour inspectors, their gender and geographical distribution, the nature of their professional training, and their fields of specialization.

Articles 6, 11 and 15(a) of Convention No. 81 and Articles 8, 15 and 20(a) of Convention No. 129. Status and conditions of service of labour inspectors. Resources allocated to the labour inspectorate. Independence and impartiality of inspectors. The Committee notes the Government’s indication that labour inspectors hold the status of public official, as provided for in Presidential Decision No. PP-3913/2018. The Government also indicates that the tasks, functions, rights, obligations, incentives, and requirements for inspectors are defined in the Regulations on the SLI. The Government adds, however, that assurances of stability and independence of changes of government and of improper external influences are not provided in these Regulations. Concerning the material resources allocated to labour inspectors, the Committee notes the Government’s indication that according to the Regulations on the SLI, inspectors at the State Labour Inspectorate are provided with monthly payments, amounting to twice the minimum wage for the reimbursement of food expenses, and monthly payments, amounting to twice the minimum wage, for the reimbursement of travel expenses, except for inspectors who have access to inspectorate vehicles. The Government adds that inspectors in the regional offices are not offered reimbursements for travel or food expenses. The Government also indicates that, since September 2021, in order to streamline the expenses of budgetary organizations, the Ministry of Finance has proposed the withdrawal of the 15 passenger vehicles previously allocated to the inspectorate. In addition, the Committee notes that according to section 39 of the Regulations on the SLI, the heads of labour bodies and employees of the inspectorate are awarded monthly bonuses on the basis of an order of the Minister of Employment and Labour Relations, in the amount of up to ten per cent of the fines levied on the administrative offences applied, but not more than 100 times the minimum wage. The Committee recalls that, in conformity with Article 11 of Convention No. 81 and Article 14 of Convention No. 129, the necessary material resources should be allocated to labour inspectors so that they can carry out their duties effectively. The Committee is of the view that providing for the payment of incentive bonuses based on the amount of fines collected can affect the impartiality of labour inspectors in the performance of their duties and can create a situation of conflict of interest for labour inspectors, in violation of Articles 6 and 15(a) of Convention No. 81 and Articles 8 and 20(a) of Convention No. 129. Therefore, the Committee requests the Government to provide specific information on the application in practice of section 39 of the Regulations on the SLI, including the amount of monthly bonuses awarded to individual inspectors in relation to the amount of the minimum wage. The Committee also requests the Government to indicate the measures taken or envisaged in order to ensure the impartiality and independence of labour inspectors in the performance of their duties. The Committee also requests the Government to indicate how it ensures that labour inspectors are guaranteed stability of employment and independence of changes of government and of improper external influences. The Committee also requests the Government to provide specific information on the salaries and benefits of the inspectors in comparison with those of other public officials exercising similar functions in other Government services, such as tax inspectors and police officers. Moreover, it requests the Government to provide information on the budget and the material resources (such as vehicles, office equipment etc.) allocated to the labour inspectorate at the central and regional levels, and how it is ensured that labour inspectors at the regional level are reimbursed for any travel and incidental expenses which may be necessary for the performance of their duties.

Article 7 (3) of Convention No. 81 and Article 9 (3) of Convention No. 129.Training of labour inspectors. The Committee notes the Government’s indication that, once recruited, labour inspectors attend a two-week induction course and that afterwards they are expected to participate in national upskilling courses at least once every three years. A minimum of 36 hours of occupational safety training is compulsory for state technical inspectors, state working condition experts, and occupational safety specialists in trade union organizations. The Government also refers to the Resolution of the Cabinet of Ministers, dated 27 April 2017 No. 246, which contains Regulations on training and retraining in the field of occupational safety and health. With reference to its observation under Abolition of Forced Labour Convention, 1957 (No. 105), the Committee also notes that labour inspectors are receiving training by the ILO on forced labour investigations. The Committee also notes that the Regulations on the procedure for certifying officials of the supervisory bodies to grant the right to inspect the activities of business entities--approved by Decision of the Cabinet of Ministers No. 920 of 7 November 2018--which provided for the certification of labour inspectors at least once every three years, is no longer in force since October 2022. The Committee requests the Government to provide information on any measures adopted in order to regulate the certification of labour inspectors following the repeal of the relevant regulations on this matter. It also requests the Government to provide information on the training provided to labour inspectors on the specific risks in agriculture upon their entry into service and in the course of employment, noting the absence of information on this subject.

Articles 8 and 10 of Convention No. 81 and Articles 10 and 14 of Convention No. 129. Human resources of the labour inspectorate. The Committee notes that the Government provides detailed information on the number of labour inspectors assigned at the central and regional level. The Committee also notes that as of October 2021, there was a total of 303 labour inspectors (292 men and 11 women) employed in the SLI. According to the figures provided by the Government, this represents a decrease of 45 inspectors in comparison with the number reported as of January 2021, when the SLI counted 348 inspectors and 45 vacant posts. The Committee notes that the decrease of 45 inspectors includes some decline in 14 of the 15 listed offices, including an especially large decline (over 50 percent) in the Sirdaryo office. The Government indicates that a draft Presidential Decision is being prepared which will increase the number of inspectors and the degree of internal specialization. The Committee also notes that according to the 2020 Report on “Labour Rights Enforcement in Uzbekistan”, the SLI is resolved to increase the proportion of women inspectors and senior managers in future rounds of hiring. The Committee requests the Government to continue to provide information on the number of labour inspectors, disaggregated by gender, employed by the SLI at the central and regional levels. It also requests the Government to provide detailed information on the reasons for the decrease in the number of labour inspectors during 2021 in almost all offices, and on the plans for the recruitment of new inspectors, including female inspectors.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Duly qualified technical experts and specialists. The Government indicates that labour inspection work is performed by duly qualified staff only. Certifications are conducted to assess a worker’s suitability for a particular role according to his or her professional profile and potential for career development and promotion. According to the Regulations on Investigating and Recording Industrial Accidents and Other Damage Caused to the Health of Workers Related to the Performance of their Duties, approved through Decision of the Cabinet of Ministers No. 286 of 6 June 1997, employers are obliged, at the instruction of the Committee for Special Investigations, to invite specialists and experts to participate in investigations into accidents. Specialists and experts may choose to form an expert group. The Committee requests the Government to provide additional details on the measures taken to give effect to Article 9 of Convention No. 81 and Article 11 of Convention No. 129, including information on the extent to which technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection.

Articles 12, 15(c) and 16 of Convention No. 81 and Articles 16, 20(c) and 21 of Convention No. 129. Powers of labour inspectors. 1. Moratorium on inspections. The Committee notes the Government’s indication that according to section 4 of Presidential Decree No. UP-5490 of 15 March 2019 on Measures to improve radically the rules governing the protection of entrepreneurial activity and optimize the activities of the prosecutor’s office, as of 1 September 2018, the following can no longer take place: (i) planned visits of inspection that are unrelated to an enterprise’s financial management activities; and (ii) inspections of an enterprise’s activities conducted as part of a monitoring procedure. The Committee notes that the preamble of this Presidential Decree indicates that large-scale reforms are being carried out in the country to ensure the unimpeded implementation of entrepreneurial activities and create favourable conditions for doing business and that therefore, all types of unscheduled inspections have been cancelled. Recalling with concern that a moratorium placed on labour inspection is a serious violation of the Conventions and with reference to its 2019 general observation on the labour inspection Conventions, the Committee urges the Government to eliminate the temporary ban on unscheduled inspections and to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of Convention No. 81 and Article 21 of Convention No. 129.

2. Other limitations on labour inspection. The Committee notes that according to section 5 of the Presidential Decree No. UP-5490 of 15 March 2019, from 1 September 2018: (i) an inspection of the activities of an enterprise may be initiated as a result of a risk assessment suggesting that an enterprise should undergo an inspection owing to the established likelihood that its activities may be in breach of legislation; (ii) all inspections of the activities of business entities conducted by regulatory authorities are subject to mandatory registration in the Unified System of Electronic Registration of Inspections; (iii) inspections carried out without registration in the Unified System of Electronic Registration of Inspections are illegal; and (iv) from 1 April 2019, the coordination of inspections and control over the legality of their conduct are carried out by the Commissioner under the President of the Republic of Uzbekistan for the protection of the rights and legitimate interests of business entities (hereinafter referred to as the authorized body). The Committee also notes that according to section 8 of the same Presidential Decree, the Ministry for the Development of Information Technologies and Communications, together with the Prosecutor General's Office, shall develop the Unified System for Electronic Registration of Inspections which allows: (i) the authorized body to study the validity of the decisions taken by the regulatory authorities to conduct inspections and issue a permit with a unique code for their conduct; (ii) to supervise the compliance of regulatory authorities with the procedure for conducting inspections established by law; (iii) the supervisory authorities to enter the results of the inspections carried out; and (iv) business entities to receive, upon their request, information about the inspection in the form of short messages (SMS), as well as via the Internet in real time. The Committee also notes the Government’s indication that, in accordance with section 4 of Presidential Decision No. PP-3913 of 20 August 2018, the SLI has the right, on the basis of a complaint submitted by a legal or natural person or a written notification from the state tax authorities, to conduct short and unplanned inspections on the compliance of an organization with legislative requirements on employment, labour, and occupational safety, without prior permission from the relevant authorized bodies and irrespective of the organization's legal form. This section also establishes that the duration of an inspection must not exceed one working day and that during an inspection, inspectors may not interfere in the organization’s financial management activities, or any other of its activities that are unrelated to the object of the inspection. The Committee further notes that according to section 11 of the Regulations on the SLI, in Annex 3 of the Decision of the Cabinet of Ministers of the Republic of Uzbekistan No. 1066 of 31 December 2018, inspectors shall be obliged to provide to the employer information and documents related to the subject of the inspection. The Committee further notes that section 10 of the Regulations on the SLI, which provides for the powers of the inspectors, does not include the power to interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on matters concerning the application of the legal provisions (Article 12(1)(c)(i) of Convention No. 81 and Article 16(1)(c)(i) of Convention No. 129) or the power to take or remove, for purposes of analysis, samples of materials and substances used or handled (Article 12(1)(c)(iv) of Convention No. 81 and Article 16(1)(c)(iii) of Convention No. 129). The Committee notes that, according to the 2020 Report on “Labour Rights Enforcement in Uzbekistan”, the number of companies inspected increased from 5,638 in 2018 to 19,226 in 2020. The Committee notes with concern the statement of the Government in its report that SLI officials are unable to: (i) enter freely and without previous notice at any hour of the day or night any workplace liable to inspection; (ii) to enter by day any premises which they may have reasonable cause to believe to be liable to inspection; or (iii) to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed.

In light of the above the Committee urges the Government to take the necessary measures to ensure that labour inspectors: (i) are empowered to make visits to workplaces liable to inspection without previous notice, in conformity with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129; (ii) are empowered to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed in conformity with Article 12(1)(c) of Convention No. 81 and Article 16(1)(c) of Convention No. 129; and (iii) can choose not to notify the employer or his representative of their presence, if they consider that such notification may be prejudicial to the performance of their duties, in accordance with Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129.

The Committee recalls that, in the context of the implementation of the Decent Work Country Programme 2021-25, the Government can avail itself of the technical assistance of the ILO.

In addition, recalling that the performance of a sufficient number of unannounced inspection visits, as compared to inspections with prior notice, is necessary to enable labour inspectors to discharge their obligation of confidentiality with regard to the source of any complaint and also to prevent the establishment of any link between the inspection and a complaint (Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129), the Committee requests the Government to indicate the measures adopted in order to ensure that labour inspectors treat as absolutely confidential the source of any complaint and give no intimation to the employer that an inspection visit was made in consequence of the receipt of such a complaint. The Committee requests the Government to indicate the number of scheduled inspections carried out based on the authorization of the Commissioner for the protection of the rights and legitimate interests of business entities and of those inspections conducted as a result of a complaint. The Committee also requests the Government to provide information on the number of requests for inspections submitted to the Commissioner and the number of cases where such authorization was refused, and to indicate the reasons for the refusal.

Article 13 of Convention No. 81 and Articles 17 and 18 of Convention No. 129. Preventive and remedial actions adopted by labour inspectors. The Committee notes the Government’s reference to the powers of labour inspectors, prescribed in section 28 of the Act on Occupational Safety and Health No. ZRU-410 (Act on OSH), to issue an order to the head of an organization, or other official thereof, to redress violations of legislation on occupational safety and to suspend the activities of organizations or the operation of equipment that do not meet the requirements of labour safety and pose a threat to the life or health of employees. The Government also refers to the provisions of the Regulations on the procedure for suspending the activities of organizations for breaches of occupational safety legislation, approved by Decision of the Cabinet of Ministers No. 1 of 5 January 2011. The Committee notes that according to section 5 of these Regulations, labour inspectors have the power to issue written orders to eliminate violations of the law, which are subject to mandatory execution. The Committee also notes that sections 8(4) of the Regulations on the SLI, appears to limit the validity of an order to stop operations to a maximum period of ten days. The Committee further notes that the 2020 Report on “Labour Rights Enforcement in Uzbekistan” does not contain information on the number and nature of preventive and remedial actions adopted by labour inspectors. The Committee requests the Government to provide information on the application in practice of section 8(4) of the Regulations of the SLI. Noting the restrictions to the powers of labour inspections as examined in its observation under these Conventions, the Committee requests the Government to provide information on the number of suspension orders and orders to remedy the violation of the law issued by labour inspectors, and the length of time that each order was valid and in effect. Noting the absence of information on this matter, the Committee also requests the Government to provide information on the measures taken by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.

Article 14 of Convention No. 81 and Article 19(1) of Convention No. 129. Notification of accidents and diseases. The Government indicates that, according to the Regulations on investigating and keeping records of industrial accidents and other harm caused to the health of workers in connection with the performance of their duties, approved by Decision of the Cabinet of Ministers No. 286 of 6 June 1997, employers must immediately report any accident that is fatal, causes serious injury, or involves more than one person. It adds that the reporting of cases of occupational diseases to the SLI is not provided for under national legislation and that information on occupational diseases can be provided by the Ministry of Health at the request of the SLI. The Committee requests the Government to provide information on the measures taken or envisaged in order to ensure that labour inspectors are notified of cases of occupational diseases, as required by Article 14 of Convention No. 81 and Article 19(1) of Convention No. 129. It also requests the Government to include detailed information on the number of occupational accidents and diseases in the labour inspection report, as provided in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 129. Effective enforcement and adequate penalties. The Committee notes the Government’s indication that, according to section 255 of the Administrative Liability Code, labour inspectors have the right to consider administrative offences and impose administrative penalties. The Committee also notes that according to section 10 of the Regulations on the SLI, in order to perform the tasks and functions assigned to them, labour inspectors shall have the right to (i) carry out proceedings in cases of administrative offences, to consider cases within their competence and to apply administrative penalties; and (ii) prepare and send to law enforcement agencies and the courts, documents for bringing offenders to justice, including for criminal liability, in accordance with national legislation. The Committee notes that the Labour Code, the Administrative Liability Code and the Act on OSH provide for penalties for violations of provisions pertaining to conditions of work and occupational safety and health. The Committee further notes that the 2020 Report on “Labour Rights Enforcement in Uzbekistan” contains information concerning the total number of written submissions, fines imposed and prosecutions and the number and amount of fines issued specifically for cases of forced labour. The Committee requests the Government to provide further information on the application of adequate penalties for violations of the legal provisions enforceable by labour inspectors. It also requests the Government to provide information on the nature and number of violations detected in the course of inspections, any subsequent penalties applied, and the results of any cases referred to the courts.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. The Committee notes the publication in 2020 of the Report on “Labour Rights Enforcement in Uzbekistan” which contains information on the activities of labour inspectors such as the number of inspection visits, statistics of penalties imposed, number and type of complaints received, amount of fines imposed for violation of provisions on forced labour, and number of industrial accidents. The Committee further notes that the Government report contains information on the number of labour inspectors and on the number of establishments, disaggregated between agricultural and other establishments. The Committee also notes the Government’s indication that a report on the activities of the inspectorate in agriculture has not been published. The Committee requests the Government to ensure that the labour inspection reports are published and transmitted to the ILO, in accordance with Articles 20 of Convention No. 81 and 26 of Convention No. 129. The Committee encourages the Government to pursue its efforts to ensure that future annual inspection reports contain complete information on all the subjects listed in Articles 21 of Convention No. 81 and 27 of Convention No. 129, including information on inspection activities in the agricultural sector.