International Journal of Law And Criminology
63
https://theusajournals.com/index.php/ijlc
VOLUME
Vol.05 Issue05 2025
PAGE NO.
63-67
10.37547/ijlc/Volume05Issue05-08
Legal Status and Procedure for The Formation of Trade
Unions in Uzbekistan
Avezov Umidjon
Independent Researcher at Karakalpak Berdakh State University (Uzbekistan)
Received:
24 March 2025;
Accepted:
20 April 2025;
Published:
30 May 2025
Abstract:
This article examines the legal status and organizational framework of trade unions in Uzbekistan. It
analyzes the unique legal mechanisms that distinguish trade unions from other public associations, particularly in
the processes of formation, reorganization, and dissolution. The research is based on comparative legal analysis,
national legislation, including the Law "On Trade Unions" and the Civil Code of the Republic of Uzbekistan, as well
as international standards and doctrinal perspectives. Special attention is given to the legal procedure for state
registration of trade unions and the principle of their independence from state bodies. The article highlights the
challenges in regulating the relationship between trade unions and government bodies, as well as the pressing
need to clarify legal norms regarding their activities in the labor market. The study emphasizes the evolving role
of trade unions in protecting workers' rights, participating in employment policy, and contributing to the
development of human capital within the national labor market. Recommendations for improving legislative
provisions are also presented.
Keywords
: - Civil society institutions, social interests, socio-economic rights, trade unions, non-governmental non-
profit organization, social partnership, public oversight.
Introduction:
One of the features of the emerging civil society in our
country is the ever-increasing role of public
organizations, including trade unions, which are
considered its constituent institutions, in democratic
reforms.
Issues
concerning
the
formation,
reorganization, and liquidation of trade unions are
regulated by specific norms. The formation and
functioning of trade unions have distinct legal
characteristics compared to other public associations
and are based on complex organizational and legal
mechanisms.
As K.D. Ewing notes, “trade unions play a key role in
protecting workers' rights and establishing systems of
collective bargaining, though their legal status and
independence from state intervention vary significantly
across jurisdictions” [
1].
In Uzbekistan, as with other legal entities, trade unions
are established through state registration. However,
some scholars argue that many non-governmental,
non-profit organizations are deemed established once
a decision to create them is adopted by a general
meeting or congress [2].
The formation of legal entities, including trade unions,
follows certain requirements: one or more founders
adopt a constituent document to define organizational
goals and allocate resources. This document may be a
single decision or an agreement among multiple
founders. State registration is mandatory to formalize
legal entity status [3].
According to Tonia Novitz, “The legal regulation of
trade union registration should respect autonomy and
avoid imposing excessive bureaucratic barriers that
may infringe international norms on freedom of
association” [4].
It is demonstrated that the requirements for
establishing trade unions differ from the general rules
for non-governmental non-profit organizations. They
officially begin operations as legal entities after state
registration. The principles of statutory activity,
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International Journal of Law And Criminology (ISSN: 2771-2214)
organizational independence, and non-accountability
to state bodies determine their legal status.
Trade unions conduct their activities through the
formation of a legal entity in the form of a public
association. When establishing a public association,
special requirements are set not only for the
composition of the founders but also for their number.
For instance, according to Article 8 of the Law “On
Public Assoc
iations in the Republic of Uzbekistan”, a
public association is created at the initiative of at least
ten citizens.
Clause 13 of the Regulation on the Procedure for State
Registration of Non-Governmental Non-Commercial
Organizations, approved by Cabinet of Ministers
Resolution No. 57 of March 10, 2014, stipulates that
the list of founding members of trade unions must
include at least three thousand people. In our opinion,
it would be advisable to reduce this requirement based
on international experience and the requirements
imposed on other non-governmental non-profit
organizations by national legislation.
Tonia Novitz emphasizes, “The legal regulation of trade
union registration should respect autonomy and avoid
imposing excessive bureaucratic barriers that may
infringe international norms on freedom of
association” [5].
In addition, in accordance with It is advisable to include
in Article 21 a provision stating that the state div
authorized to carry out state registration of trade
unions, their associations, as well as subdivisions that
are legal entities and primary trade union
organizations, does not have the right to refuse to
register or monitor the activities of trade unions, their
associations, subdivisions and primary trade union
organizations. This proposal serves to ensure the
principle of independence and self-governance in the
activities of trade unions.
At the same time, it is advisable to establish at the
legislative level that trade unions, their associations,
subdivisions, and primary trade union organizations
have the right to opt out of state registration.
One of the main problems in the legal development of
trade union activities is the lack of a clear definition of
legal mechanisms governing their relations with state
bodies. At the same time, the high unemployment rate
among young people indicates the need to reform
trade unions based on new strategies and approaches.
Trade unions should actively participate not only in
protecting labor rights but also in strengthening inter-
institutional cooperation within the national labor
market and positively influencing the quality of human
capital. In this regard, it should be noted that it is
necessary to clarify and improve the legal framework
concerning the rights and obligations of trade unions,
their organizational structure, and relations with the
state.
The boundaries of legal regulation of relations involving
trade unions are determined by their purpose, the
need to represent and protect workers' rights and
interests in the labor sphere, and labor relations that
bring the greatest benefit to workers. Additionally, the
scope of trade union regulation is defined by the
specific means and methods employed by trade unions,
as well as the interaction between legal and non-legal
measures. The definition of a trade union outlines its
primary task: protecting human interests and social
and labor rights. This implies that in pursuing their main
objective, trade unions possess corresponding
rights[6]. The most crucial task of trade unions is to
safeguard workers' rights and interests in professional
relations[7].
The scope and content of trade union rights are
primarily determined by the purpose of their
formation, tasks, and position within the political
system. Consequently, the legal status of trade unions
in the labor sphere is established by the state with
trade union participation. Trade unions contribute to
the formation of legislative norms governing their
activities. Trade union rights can be classified according
to various criteria.
I. O. Snigireva considers it expedient to divide the labor
rights of trade unions into two types: rights aimed at
directly protecting the rights and interests of
employees, and rights that contribute to the realization
of the right to protect the rights and interests of
employees[8].
The
first
group
includes
substantive
rights:
participation in the regulation of working conditions,
control over compliance with labor and occupational
safety legislation, and participation in the resolution of
labor disputes.
The second group consists of procedural rights:
ensuring the organizational independence of trade
unions; demanding accountability from the head of the
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International Journal of Law And Criminology (ISSN: 2771-2214)
organization or their deputy for violating labor laws and
other regulatory legal acts, as well as the terms of
collective agreements and contracts; applying to the
federal labor inspectorate and judicial bodies to protect
the rights and interests of their members (as well as
other employees, regardless of membership, on their
own initiative or at the employees' request); organizing
collective actions (mass events); and participating in
the collegial governing bodies of the organization with
the consent of employees. L.M. Mairova categorizes
the rights of trade unions, based on their definition,
into those established by law and those established by
collective agreements[9].
In these documents, parties may provide broader rights
for trade unions and their bodies than those stipulated
in legislative acts. The rights established in these
documents, unlike those enshrined in legislation and
forming the basis of their status, constitute an
additional component of trade unions' legal status. The
author emphasizes that the general statutory rights of
trade unions are manifested in accordance with the
powers of a specific trade union div, trade union
structure, or representatives of a specific trade union,
as established by law and charter.
In protecting collective rights, trade unions participate
in the employer's legislative activity and, in cases
stipulated by law, in the collective-contractual
regulation of working conditions. They also demand the
repeal of normative legal acts that violate workers'
rights or are adopted without taking their opinions into
account.
According to the law, trade unions are defined as
voluntary public associations of citizens connected by
their common professional interests based on type of
activity or study. These associations are created for the
purpose of representing and protecting their labor and
other socio-economic rights and interests, operating on
the basis of their charter.
At the same time, trade unions, their associations,
subdivisions, and primary trade union organizations
have the right to receive free information on issues
concerning the socio-economic rights and interests of
employees from state bodies, their officials, and
employers for the implementation of their statutory
activities.
One of the most important and significant rights of
trade unions is the right to promote employment.
Trade unions and their associations have the right to
participate in the development of state employment
programs,
to
propose
measures
to
ensure
employment, including the creation of new jobs and
preservation of existing ones, improvement of
organizational activities, and prevention of mass layoffs
of employees.
The task of trade unions should not be limited to
protecting the labor rights of workers in enterprises.
The trade union, as an institutional organization,
should form a unified socio-economic, cultural, and
historical space within the national labor market, as
well as enhance the effectiveness of interaction
between its institutions and contribute to a beneficial
effect on increasing labor productivity, the income
level of the population, and the quality of human
capital as a whole.
In terms of legal status, trade unions, as public
organizations, are not accountable to the state for
exercising their rights and fulfilling their obligations,
except for property liability in case of a strike declared
illegal by a court. However, in this instance, the legal
responsibility arising from violations of labor legislation
is of a civil-legal nature. The state influences trade
unions by assisting them in exercising their rights and
obligations, implementing the rights granted to them,
and creating guarantees for their successful operation.
In carrying out their activities, trade unions are guided
by the principle of independence, which is fundamental
to them. According to Article 9 of the relevant law,
trade unions in their activities, including financial
matters, are independent of state authorities and
administration, are not accountable to them, and are
not subject to their control, except in cases stipulated
by law. In this context, three aspects apply to trade
unions in relation to state bodies and employers:
independence, lack of accountability, and freedom
from control. Nevertheless, the income that trade
unions generate from entrepreneurial activities as legal
entities is subject to oversight by relevant state bodies
and other public associations[10].
It should be noted that, in the context of deepening
socio-economic reforms, the state annually assigns a
special role to trade unions by involving them in the
development and implementation of socially oriented
state programs. Thus, the state recognizes trade unions
as its social partner in the social protection of the
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International Journal of Law And Criminology (ISSN: 2771-2214)
population and the building of civil society. Trade
unions are acknowledged by the global community as
the most authoritative and widespread representatives
of workers[11].
Alth
ough the Law of the Republic of Uzbekistan “On
Trade Unions” does not explicitly outline the
obligations of trade unions, their responsibilities are
broadly defined in the Law “On Non
-Governmental
Non-
Commercial Organizations”[12].
Based on the rights and obligations of trade unions,
M.V. Kuznetsov notes their following features[13]:
firstly, the association of citizens in trade unions is
based on the principle of voluntariness, as the legislator
prohibits coercion into joining or remaining in any
association; secondly, trade unions are public
associations, therefore they are subject to the general
provisions of the laws on public associations, being
voluntary, self-governing, non-profit organizations.
They are associations of citizens based on common
interests for the implementation of shared goals
defined in the charter of a public association. Trade
unions, like other public associations, are non-profit
organizations, meaning they cannot generate income;
the main goal of their activity is not the distribution of
profit among founders and members; thirdly, only
citizens, i.e., individuals, can be members of a trade
union; fourthly, a trade union should unite people
according to professional interests, i.e., by the nature
of their activity, the members of the trade union should
be united by common production and professional
interests; fifthly, the main purpose of creating a trade
union should be to represent and protect the social and
labor rights and interests of workers.
Before discussing the trade union system, we believe it
is necessary to clarify the meaning of the word
“system”. A system (from Ancient Greek “whole”,
consisting of parts; union) is a set of elements that form
a certain integrity and unity, interacting with each
other. It is also a group of interacting or interconnected
elements that function according to a set of rules to
create a unified whole[14]. As a trade union system, we
can understand the totality of organizations created on
professional,
production,
territorial-production,
sectoral, and intersectoral territorial principles for the
joint implementation and protection of labor and
socio-economic rights and interests. The Federation of
Trade Unions of Uzbekistan stands at the apex of this
system.
The highest div of the Federation of Trade Unions of
Uzbekistan is the Congress, which convenes every 5
years. Between congresses, the Federation's activities
are managed by the Council of the Federation of Trade
Unions of Uzbekistan. Council members are elected at
congresses of industry trade unions, conferences of
territorial associations of trade union organizations, as
well as at the Federation Congress.
Trade unions, in a broad sense, like other public
organizations, can be established within the framework
of regional, republican, and territorial trade unions.
However, a distinctive feature is that trade unions can
also be formed at the sectoral level. Their activities are
guaranteed on the basis of equality[15]. Trade unions
at the republican level are represented in the activities
of the Federation of Trade Unions of Uzbekistan.
CONCLUSION
In conclusion, it should be noted that the historical
analysis of the relationship between trade unions and
workers is largely shaped by employers' reluctance to
yield to workers' social conditions. In the initial stage of
their formation, trade unions wielded significant socio-
economic power, as strikes could be decisive in
resolving disputes between workers and employers.
Such methods are not characteristic of modern trade
unions, resulting in weakened "pressure" on employers
and a lack of constructive communication between
employers and trade unions. One way to address this
issue is to strengthen the integration of trade union
organizations through vertical and horizontal
hierarchical connections. At the republican level, it is
necessary to improve cooperation among trade unions,
territorial trade unions, sectoral trade unions, trade
unions of organizations and firms, and trade unions of
employees and managers.
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