The strategic development goals of Uzbekistan require adherence to the principles of labor legislation

The strategic goal of Uzbekistan is to build a developed state, and the algorithm of all actions and reforms is systematically focused on this. It should be noted that it is typical for developed countries that people have a high standard of living, advanced technological infrastructure, and a developed economy. According to the classification of the International Monetary Fund, Uzbekistan belongs to the group of developing countries. The transition from a developing State to a list of developed countries requires the implementation of a number of reforms in the field of economy, welfare of the population, human rights, and freedoms.

The change in political leadership in Uzbekistan in 2016, along with a strong determination for reform, led to the adoption of several significant documents in the country. Notably, these include the Action Strategy for the five priority areas of development of the Republic of Uzbekistan for 2017-2021, the Development Strategy of the New Uzbekistan for 2022-2026, comprising seven priority areas, and the "Uzbekistan – 2030" Strategy, encompassing five priority areas. Furthermore, the adoption of a revised version of the Constitution of the Republic of Uzbekistan through a referendum on April 30, 2023, served to fortify the constitutional foundations for the creation of a New Uzbekistan. On the same day, the new Labor Code came into effect for the second time in the history of independent Uzbekistan.

It's important to highlight that one notable aspect of the new version of the Constitution was the designation of Uzbekistan as a social state in Article 1. The social state model is founded on the principle of social justice, with labor rights being a cornerstone of this principle. The declaration of a social state added new dimensions to the Constitution of the Republic of Uzbekistan, reintroducing various rights related to the right to work and the practice of labor activities. These encompass the right to fair employment, the right to freely choose a profession and type of work, the right to work in conditions that meet safety and hygiene standards, fair compensation without any workplace discrimination and not less than the established minimum wage, the right to protection against unemployment as per the legal framework (Article 42), the right to vocational training and retraining (Article 43), the prohibition of forced labor, and the prohibition of any form of child labor (Article 44). Additionally, it includes the right to rest and the right to limited working hours (Article 45).

It's worth noting that the concept of basic rights and duties of an employee as principles of labor law gained widespread recognition in the 1930s. Remarkably, even after nearly a century, these principles continue to hold relevance in modern labor law. Hence, it's appropriate to highlight the amendments made to the Constitution of the Republic of Uzbekistan in the new edition regarding the right to work.

First and foremost, the "right to work" has evolved into the "right to decent work" as a result of constitutional reforms. This transformation of citizens' right to employment brings a new dimension by adding the term "decent." In this context, "decent work" encompasses jobs with equitable wages, suitable working conditions, and robust social protection. For instance, Shukhrat Ganiev, an independent human rights advocate who has been collaborating with the International Labor Organization on cotton harvesting for several years, emphasizes the importance of focusing on creating decent employment opportunities. He states, "In Uzbekistan, people need jobs with fair wages and good working conditions." It's apt to acknowledge that Uzbekistan recognizes the right to decent work, which includes work matching one's profession, qualifications, and specialization, along with equitable compensation based on the quantity and quality of labor, and employment under favorable working conditions.

Another noteworthy change was the modification of the "free choice of profession" to the "free choice of profession and type of activity." It's essential to recognize that the right to choose a profession represents the realization of the right to work, primarily through the conclusion of an employment contract. However, the right to work can also be exercised in various forms, such as engaging in entrepreneurial activities, entering into civil law contracts for work or services, pursuing a career in the civil service, or choosing self-employment.

Furthermore, there's an important aspect related to the right to work in fair conditions, as previously enshrined in Article 37 of the Constitution of the Republic of Uzbekistan, which has been replaced. Given that this right is a broad concept, clarifications have been introduced in the new version of Article 42 of the Constitution of the Republic of Uzbekistan.

The new version of the Constitution has introduced a distinct provision prohibiting any form of child labor. This provision reflects a strong political commitment in our country to eliminate child labor. Notably, since April 30, 2023, a new labor code has been in effect in Uzbekistan. This code introduces several changes in the legal regulation of labor relations, one of which is the inclusion of fundamental principles for regulating labor relations in Article 3 of the Labor Code. These principles encompass:

1. Ensuring equality of labor rights and the prohibition of discrimination in the realm of work and employment.
2. Upholding the freedom to work and prohibiting forced labor.
3. Encouraging social partnership in labor matters.
4. Guaranteeing labor rights and the fulfillment of labor duties.
5. Preventing any deterioration of the legal status of employees.

It's important to highlight that the principles mentioned align closely with the fundamental rights and principles established in the field of labor as outlined in the ILO Declaration adopted on June 18, 1998. This declaration encompasses the following fundamental rights and principles in labor:

a) Recognition of the freedom of association and the right to engage in collective bargaining. b) Prohibition of all forms of forced labor. c) Prohibition of child labor. d) Ensuring non-discrimination in the sphere of work and employment.

These fundamental rights and principles are reflected in the eight main ILO conventions (Nos. 29, 87, 105, 98, 100, 111, 138, 182), all of which have been ratified by Uzbekistan. Additionally, it's noteworthy that the fundamental rights and principles in the Declaration pertain not only to labor rights but also to constitutional rights and principles.

Researchers such as M. Rakhimov and N. Kuryanov have noted that forced labor is prevalent in various forms in Uzbekistan, including cotton picking and other agricultural tasks, cleaning and landscaping, workplace repairs, construction, recreational activities, and holiday duty. According to data, forced labor in cotton cultivation in Uzbekistan has declined significantly, decreasing from 14% in 2015 to just 1% by 2021. Uzbekistan ranks as the sixth-largest cotton producer globally.

Under the leadership of President Sh. Mirziyoyev, there has been a modernization of the country's agrarian economy, leading to the abandonment of forced labor and child labor that were previously utilized in cotton harvesting. According to Guy Ryder, the Director-General of the International Labor Organization (ILO), Uzbekistan has successfully put an end to the systematic use of forced labor and child labor in cotton cultivation. This achievement is expected to enable Uzbekistan to secure a higher position in the production and supply chain while also creating millions of sustainable and decent jobs in the textile and clothing sector.

It's noteworthy that the boycott of Uzbek cotton was initially announced in 2009. Since then, 331 brand and clothing companies, including major names such as Adidas, Zara, C&A, Gap Inc., H&M, Levi Strauss & Co., Tesco, and Walmart, joined the boycott against Uzbek cotton. However, in 2021, based on the results of independent monitoring of the cotton harvest conducted by the Uzbek Forum for Human Rights, The Cotton Campaign coalition decided to cancel the boycott of Uzbek cotton.

On April 9, 2021, Uzbekistan was granted the beneficiary status of the European Union's Common System of Privileges, "GSP+." This decision was made due to the absence of child and forced labor in the country's cotton harvest. In May 2022, the International Labor Organization and the World Bank completed a project for independent monitoring of cotton harvesting. Furthermore, at the request of the Government of Uzbekistan, the Union of Workers and Employers initiated a new program called "Better Work" in the country. A memorandum of understanding was signed in Tashkent for the launch of this program, along with cooperation measures on sustainable development for 2023-2024 between Better Cotton and the National Commission for Combating Human Trafficking and Forced Labor.

These achievements were specifically highlighted by the President of the Republic of Uzbekistan in his speech at the 78th session of the UN General Assembly.

The "Better Work" program, introduced in Uzbekistan, offers local companies the opportunity to form partnerships with global brands. For instance, on March 25, 2023, the renowned Disney company released a list of supplier countries, which now includes Uzbekistan. It's important to emphasize that one of the key prerequisites for collaboration with global brands is the existence of a "Better Work" program in a specific country.

Additionally, it's worth noting that the principles outlined in the Constitution of the Republic of Uzbekistan and the Labor Code, which are referred to as "basic principles," should be understood as foundational but subject to specific conditions.

Shukhratjon Ismoilov,

Head of the Department of Labor Law

Tashkent State Law University, Doctor of Law